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Chapter 18 - Deception (Rules 57–65)

Published online by Cambridge University Press:  05 June 2012

Jean-Marie Henckaerts
Affiliation:
International Committee of the Red Cross
Louise Doswald-Beck
Affiliation:
Graduate Institute of International Studies, Geneva and University Centre for International Humanitarian Law
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Summary

Rule 57. Ruses of war are not prohibited as long as they do not infringe a rule of international humanitarian law.

Practice

Volume II, Chapter 18, Section A.

Summary

State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.

International armed conflicts

This is a long-standing rule of customary international law already recognised in the Lieber Code and the Brussels Declaration, and codified in the Hague Regulations. It is also set forth in Additional Protocol I.

The rule permitting ruses of war is stated in numerous military manuals. It is supported by several official statements and other practice.

Non-international armed conflicts

This rule was included in the draft of Additional Protocol II by Committee III of the Diplomatic Conference leading to the adoption of the Additional Protocols, but was deleted at the last moment as part of a package aimed at the adoption of a simplified text. In addition, it is contained in other instruments pertaining also to non-international armed conflicts.

The rule permitting ruses of war provided they do not infringe a rule of international humanitarian law is set forth in military manuals which are applicable in or have been applied in non-international armed conflicts. Colombia's Constitutional Court ruled in 1997 that the use of military tactics and stratagems must be in conformity with constitutional standards, implicitly recognising that they may be applied in non-international armed conflicts.

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Publisher: Cambridge University Press
Print publication year: 2005

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