The law of perfidy and ruses of war at sea

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.

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Publication Details

Journal
Journal of Conflict and Security Law
Published
2024-10-10
DOI
https://doi.org/10.1093/jcsl/krae012
Primary Topic
Maritime Security and History
Type
article
Field-Weighted Citation Impact
0.00

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article

The law of perfidy and ruses of war at sea

Lowell Bautista, Pornomo Rovan Astri Yoga
Journal of Conflict and Security Law
Maritime Security and History
article

The law of perfidy and ruses of war at sea

Lowell Bautista, Pornomo Rovan Astri Yoga
article en

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.

Journal of Conflict and Security LawVol. 29(3)
University of Wollongong (AU)
Lembaga Pengelola Dana Pendidikan
Peace, Justice and strong institutions
Openalex Percentile: Top 86%
Maritime Security and History
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