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Unformatted text preview: ol I may consider the use of its uniform by U.S. forces as a war
crime. USE OF CIVILIAN ATTIRE
3-111. Use of civilian attire by U.S. forces in any military operation is a sensitive matter that can only be
undertaken IAW all relevant regulations and policies. U.S. forces should closely coordinate with their legal
advisor in the use of nonstandard uniforms or civilian clothing in any military operation. Many of the
principles regarding the use of enemy uniforms apply to the use of civilian attire in military operations as
well. Wearing civilian attire while engaged in actual combat is unlawful; however, U.S. forces may wear it
to allow movement into and through the enemy’s territory. Under the Geneva Conventions, the failure to
use a “fixed sign recognizable at a distance” could factor into a nation’s decision to deprive captured U.S.
forces of POW status. Further, if an enemy nation can deem such use treachery, it may consider the use by
U.S. forces of civilian clothing in military operations as a war crime and take remedial action. 30 November 2010 TC 18-01 3-19 Chapter 3 ACTS OF TREACHERY
3-112. An act of treachery, also called perfidy, is a violation of FM 27-10. Soldiers commit treachery
when they commit acts that gain advantage by falsely convincing enemies that they cannot engage without
violating international rules of law. In other words, acts of treachery are acts that use an adversary’s
compliance with FM 27-10 against him to gain an advantage. Ruse or tactical deception is generally legal
under international law and U.S. policy as long as forces are still complying with FM 27-10 and their
actions are in good faith. The use of enemy codes and signals is a time-honored means of tactical deception
or ruse. However, misuse of distress signals or of signals exclusively reserved for the use of medical
aircraft would qualify as an act of treachery. FM 27-10 allows the use of deception measures, such as
camouflaging a military structure to thwart attack. However, falsely convincing the enem...
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This document was uploaded on 01/15/2014.
- Winter '14