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The rules concerning deception by belligerent warships, especially with respect to theflying of neutral flags or with respect to disguise as merchant vessels, may be considered morepermissive than similar situations in land warfare. 22213.13.1 Belligerent Warship’s Use of False Colors and Other Disguises. In particular,according to custom, it is permissible for a belligerent warship to use false colors and to disguiseher outward appearance in other ways in order to deceive an enemy, provided that before goinginto action such warship shows her true colors. 223For example, a belligerent warship may fly enemy or neutral colors and display enemy orneutral markings in order to deceive the enemy into believing the vessel is of enemy or neutralnationality or is not a warship. 224 Such deceptions may be used in order to facilitate theapproach of enemy vessels or to escape enemy vessels. 225Warships, however, may not seek to claim falsely the status of vessels that are exemptfrom capture or destruction. These vessels include: (1) cartel vessels; (2) hospital ships; (3)vessels charged with religious, non-military scientific, or philanthropic missions; (4) vesselsgranted safe conduct; and (5) small coastal fishing vessels and small boats engaged in localcoastal trade. 226222 Refer to § 5.24.1 (Signs, Emblems, or Uniforms of a Neutral or Non-Belligerent State).223 See, e.g., 2007 NWP 1-14M 12.3.1 (“Under the customary international law of naval warfare, it is permissiblefor a belligerent warship to fly false colors and disguise its outward appearance in other ways in order to deceive theenemy into believing the vessel is of neutral nationality or is other than a warship. However, it is unlawful for awarship to go into action without first showing her true colors.”); 2007 NWP 1-14M 12.5.1 (“Naval surface andsubsurface forces may fly enemy colors and display enemy markings to deceive the enemy. Warships must,however, display their true colors prior to an actual armed engagement.”); 1955 NWIP 10-2 640a (“In particular,according to custom, it is permissible for a belligerent warship to use false colors and to disguise her outwardappearance in other ways in order to deceive an enemy, provided that prior to going into action such warship showsher true colors.”).224 For example, TUCKER, THE LAW OF WAR AND NEUTRALITY AT SEA 140 footnote 37 (“During World War II theGermans enjoyed a measurable degree of success through the skillful disguise they provided for their armed raiders.… The tactics of the armed raiders were to reveal their true identity only after having come within close enoughrange to overwhelm the victim (usually armed enemy merchant vessels) by surprise.— One of the most notableactions involving these armed raiders took place in November 1941 between the Australian cruiser Sydney and theGerman armed raider Kormoran. The disguised raider, when approached by the Sydney, identified herself as aDutch merchant vessel. Before the Sydney could establish the truth or falsity of her claimed identity the Kormorancast off her disguise and opened fire at a distance of 2,000 yards. As a result of the action the Sydney was destroyedwith complete loss of officers and crew.”); LAUTERPACT, II OPPENHEIM’S INTERNATIONAL LAW 510 (§211) (“On theother hand, the following is a perfectly legitimate ruse which is reported to have occurred during the World War: atthe end of October 1914, the German cruiser Emden, hiding her identity by rigging up a dummy fourth funnel andflying the Japanese flag, passed the guardship of the harbor Penang in the Malay States, made no reply to its signals,came down at full speed on the Russian cruiser Zhemshug, and then, after lowering the Japanese flag and hoistingthe German flag, opened fire and torpedoed her.”).225 LAUTERPACT, II OPPENHEIM’S INTERNATIONAL LAW 509 (§211) (“As regards the use of a false flag, it is by mostwriters considered perfectly lawful for a man-of-war to use a neutral or enemy flag (1) when chasing an enemyvessel, (2) when trying to escape, and (3) for the purpose of drawing an enemy vessel into action. On the otherhand, it is universally agreed that, immediately before an attack, a vessel must fly her national flag.”).226 Refer to § 13.6 (Enemy Vessels Exempt From Capture or Destruction).899