Article 22 of the Hague Regulations of 1899/1907 proclaims:

Article 35(1) of Additional Protocol I of 1977 reiterates the same concept under the heading ‘[b]asic rules’:

This basic rule resonates across the whole spectrum of LOIAC. In the present chapter we shall address the concrete issues of (ⅰ) perfidy versus ruses of war; (ⅱ) espionage; (ⅲ) seizure and destruction of enemy property; and (ⅳ) belligerent reprisals.

Perfidy and ruses of war

Perfidy and ruses of war share a common ground: both categories stem from deception and stratagem. Yet, perfidy is largely a violation of LOIAC, whereas ruses of war are perfectly legitimate. The question is how to tell them apart, and the answer depends on a modicum of mutual trust which must exist even between enemies, if LOIAC is to be fully complied with.

The Hague Regulations of 1899/1907

Under Article 23 of the Hague Regulations (in the 1907 wording), it is forbidden:

1. (b) To kill or wound treacherously individuals belonging to the hostile nation or army;

2. (f) To make improper use of a flag of truce, of the national flag or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention.

Article 24 promulgates: