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.
| Original language | English |
|---|---|
| Pages (from-to) | 375-390 |
| Number of pages | 16 |
| Journal | Journal of Conflict and Security Law |
| Volume | 29 |
| Issue number | 3 |
| DOIs | |
| Publication status | Published - Dec 2024 |
| Externally published | Yes |
Open Access - Access Right Statement
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial License (https://creativecommons.org/licenses/by-nc/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited. For commercial re-use, please contact [email protected]UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 14 Life Below Water
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SDG 16 Peace, Justice and Strong Institutions
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