3 ms·

Huh? Summary execution has always been the punishment for perfidy under the laws of war.

elygre 3y ago
Do you have a reference for that? Even as perfidy is a war crime, we do not generally allow for summary execution for war criminals.
- bandrami 3y ago
  ICRC says perfidy places you outside of the bounds of protection of international law: https://ihl-databases.icrc.org/en/customary-ihl/v1/rule65 https://ihl-databases.icrc.org/en/customary-ihl/v1/rule65
  - singleshot_ 3y ago
    How would one know perfidy occurred? The search term that might help here is “previous judgment, pronounced by a regularly constituted court.” Also: if one is outside of the protection of IHL/LOAC, might other laws protect him?
    - bandrami 3y ago
      This is my fault; I hadn't read the whole thread. There's two acts that constitute perfidy: one is wearing false uniforms or displaying false colors; I agree that isn't usually met with summary execution. The other one is taking back up arms after signalling a surrender. That is absolutely met with summary execution.
  - elygre 3y ago
    I looked at that page before writing my comment. It says that perfidy is a war crime. However, I don’t see anything supporting summary execution. https://en.m.wikipedia.org/wiki/Summary_execution https://en.m.wikipedia.org/wiki/Summary_execution says the following: “Francs-tireurs (a term originating in the Franco-Prussian War) are enemy civilians or militia who continue to fight in territory occupied by a warring party and do not wear military uniforms, and may otherwise be known as guerrillas, partisans, insurgents, etc. Though they could be legally jailed or executed by most armies a century ago, the experience of World War II influenced nations occupied by foreign forces to change the law to protect this group.”
    - bandrami 3y ago
      Sorry I hadn't read the whole thread: I agree the "false colors" sense of perfidy generally is granted due process. I was thinking of the "feigning surrender" sense of perfidy, which is pretty much universally met with summary execution.

Do you have a reference for that? Even as perfidy is a war crime, we do not generally allow for summary execution for war criminals.

bandrami 3y ago
ICRC says perfidy places you outside of the bounds of protection of international law: https://ihl-databases.icrc.org/en/customary-ihl/v1/rule65 https://ihl-databases.icrc.org/en/customary-ihl/v1/rule65
- singleshot_ 3y ago
  How would one know perfidy occurred? The search term that might help here is “previous judgment, pronounced by a regularly constituted court.” Also: if one is outside of the protection of IHL/LOAC, might other laws protect him?
  - bandrami 3y ago
    This is my fault; I hadn't read the whole thread. There's two acts that constitute perfidy: one is wearing false uniforms or displaying false colors; I agree that isn't usually met with summary execution. The other one is taking back up arms after signalling a surrender. That is absolutely met with summary execution.
- elygre 3y ago
  I looked at that page before writing my comment. It says that perfidy is a war crime. However, I don’t see anything supporting summary execution. https://en.m.wikipedia.org/wiki/Summary_execution https://en.m.wikipedia.org/wiki/Summary_execution says the following: “Francs-tireurs (a term originating in the Franco-Prussian War) are enemy civilians or militia who continue to fight in territory occupied by a warring party and do not wear military uniforms, and may otherwise be known as guerrillas, partisans, insurgents, etc. Though they could be legally jailed or executed by most armies a century ago, the experience of World War II influenced nations occupied by foreign forces to change the law to protect this group.”
  - bandrami 3y ago
    Sorry I hadn't read the whole thread: I agree the "false colors" sense of perfidy generally is granted due process. I was thinking of the "feigning surrender" sense of perfidy, which is pretty much universally met with summary execution.