The law of perfidy and ruses of war at sea

Abstract

Abstract The principle of distinction is a fundamental principle in the law of armed conflict, aimed at protecting civilians and civilian objects from direct attacks. Adherence to this principle is crucial for minimizing the humanitarian impact of warfare. Nevertheless, the longstanding practice of ruses of war, deeply embedded in customary international law, complicates the application of this principle in combat. While certain deceptive tactics are allowed, the line between acceptable ruses and forbidden acts of perfidy is often unclear, especially in naval warfare. The evolution of modern warfare technology further obscures these distinctions, raising important legal questions regarding their relevance today. This article critically examines the existing legal framework governing ruses and perfidy at sea and explores how these rules apply to contemporary naval operations. Finally, the article identifies key legal gaps and proposes pathways for reform to better align the law with current realities.