Editing Perfidy and ruses of war

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Accordingly, in order for a cyber operation to qualify as prohibited perfidy under customary international law, it must simultaneously meet the following four conditions:
 
Accordingly, in order for a cyber operation to qualify as prohibited perfidy under customary international law, it must simultaneously meet the following four conditions:
# The operation must relate to a protection enjoyed by a particular person, object or activity, that is specifically provided for in IHL (i.e., protection afforded on the basis of moral considerations, or norms of other bodies of law does not suffice);<ref>Waldemar A Solf, ‘Article 37: Prohibition of Perfidy’ in Bothe et al (eds), ''New Rules for Victims of Armed Conflicts'' (Brill 1982) 235–36; [https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule65 ICRC CIHL Study, commentary to rule 65], at 224 (“the definition of perfidy provides that the confidence of an adversary be based on ''a situation which requires protection under international humanitarian law''”) (emphasis added).</ref>
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# The operation must relate to a protection enjoyed by a particular person, object or activity, that is specifically provided for in IHL (i.e., protection afforded on the basis of moral considerations, or norms of other bodies of law does not suffice);<ref>Waldemar A Solf, ‘Article 37: Prohibition of Perfidy’ in Bothe et al (eds), ''New Rules for Victims of Armed Conflicts'' (Brill 1982) 235–36; [https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule65 ICRC CIHL Study, commentary to rule 65], at 224 (“the definition of perfidy provides that the confidence of an adversary be based on ''a situation which requires protection under international humanitarian law''”) (emphasis added)..</ref>
 
# The operation must invite the confidence of the adversary that he or she is entitled to, or must accord, protection under IHL;<ref>Yves Sandoz, Christophe Swinarski and Bruno Zimmermann (eds), ''Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949'' (ICRC 1987) 435 para 1500; [https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule65 ICRC CIHL Study, commentary to rule 65], at 223 (“The essence of perfidy is … the ''invitation to obtain'' and then breach the adversary’s confidence”) (emphasis added).</ref>
 
# The operation must invite the confidence of the adversary that he or she is entitled to, or must accord, protection under IHL;<ref>Yves Sandoz, Christophe Swinarski and Bruno Zimmermann (eds), ''Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949'' (ICRC 1987) 435 para 1500; [https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule65 ICRC CIHL Study, commentary to rule 65], at 223 (“The essence of perfidy is … the ''invitation to obtain'' and then breach the adversary’s confidence”) (emphasis added).</ref>
 
# The perpetrator must intentionally betray the confidence of the adversary;<ref>See, eg, Elements of Crime to the Rome Statue, Art 8(2)(b)(xi) and Art 8(2)(e)(ix) (war crime of treacherously killing or wounding); Yves Sandoz, Christophe Swinarski and Bruno Zimmermann (eds), ''Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949'' (ICRC 1987) 435 para 1500; [https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule65 ICRC CIHL Study, commentary to rule 65], at 223 (“The essence of perfidy is … the invitation to obtain and ''then breach'' the adversary’s confidence”) (emphasis added).</ref>
 
# The perpetrator must intentionally betray the confidence of the adversary;<ref>See, eg, Elements of Crime to the Rome Statue, Art 8(2)(b)(xi) and Art 8(2)(e)(ix) (war crime of treacherously killing or wounding); Yves Sandoz, Christophe Swinarski and Bruno Zimmermann (eds), ''Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949'' (ICRC 1987) 435 para 1500; [https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule65 ICRC CIHL Study, commentary to rule 65], at 223 (“The essence of perfidy is … the invitation to obtain and ''then breach'' the adversary’s confidence”) (emphasis added).</ref>

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