A short thread on the use of enemy uniforms in the context of ruses of war and perfidy under IHL/LOAC.
The use of enemy uniforms is a legitimate military ruse, as is the disguise or disguise of nationality on equipment other than military aircraft.
The use of enemy uniforms is a legitimate military ruse, as is the disguise or disguise of nationality on equipment other than military aircraft.
It is even permitted for warships to fly a false flag, provided that during direct hostilities the ship flies the correct flag. It is It is prohibited to remove national military markings from military aircraft or to apply on them civilian aviation markings.
Of course, the abuse/misuse of international protective emblems (e.g. red cross, red crescent, blue shield) is also prohibited.
Uses of enemy uniforms and other equipment without any intention to deceive the enemy are not prohibited. For example, if there is a shortage...
Uses of enemy uniforms and other equipment without any intention to deceive the enemy are not prohibited. For example, if there is a shortage...
...of clothing it may be necessary to use enemy uniforms, which is not an uncomon practice, as it was the case e.g. during the Warsaw Uprising. It is recommended to put own distinctive signs on such uniforms, and here again the example of the Warsaw Uprasing can be used...
... (red and white armbands worn by the insurgents on German uniforms).
In addition to prohibiting the use of enemy uniforms to attack an opponent, AP1 also prohibits the use of enemy flags, military emblems, insignia, or uniforms to cover, favor, protect, or obstruct...
In addition to prohibiting the use of enemy uniforms to attack an opponent, AP1 also prohibits the use of enemy flags, military emblems, insignia, or uniforms to cover, favor, protect, or obstruct...
... military operations, however feigning an enemy's military status by using enemy flags, insignia, or military uniforms outside of combat is a permitted ruse of war.
Regarding the use of a false flag, most authors consider it perfectly legal to use a neutral flag or an enemy flag (1)while chasing an enemy ship
(2)when attempting to escape, and (3)(3) for the purpose of drawing an enemy vessel into action.
(2)when attempting to escape, and (3)(3) for the purpose of drawing an enemy vessel into action.
On the other hand, it is universally agreed that, immediately before an attack, a vessel must fly her national flag.
In particular, it is permissible for a belligerent warship to use false colors and to disguise her outward appearance in other ways in order to deceive an enemy...
In particular, it is permissible for a belligerent warship to use false colors and to disguise her outward appearance in other ways in order to deceive an enemy...
..., provided that before going into action such warship shows her true colors. For example, a belligerent warship may fly enemy or neutral colors and display enemy or neutral markings in order to deceive the enemy into believing the vessel is of enemy or neutral
nationality...
nationality...
... or is not a warship. Such deceptions may be used in order to facilitate the approach of enemy vessels or to escape enemy vessels.
Warships, however, may not seek to claim falsely the status of vessels that are immune from capture or destruction.
Warships, however, may not seek to claim falsely the status of vessels that are immune from capture or destruction.
These vessels include: (1) cartel vessels; (2) hospital ships; (3) vessels charged with religious, non-military scientific, or philanthropic missions; (4) vessels
granted safe conduct; and (5) small coastal fishing vessels and small boats engaged in local coastal trade.
granted safe conduct; and (5) small coastal fishing vessels and small boats engaged in local coastal trade.
Military aircraft are customarily marked to indicate both their nationality and military nature. Markings can help distinguish friend from foe and prevent aircraft from being misidentified as neutral or civilian.
The removal of national military markings from military aircraft or affixing false nationality markings to military aircraft is not considered a permitted ruse of war, but an act of perfidy and is thus prohibited.
@UnrollHelper PLS
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