Uniform

Clothing, usually of a specific colour/design, and insignia, worn by members of the same military unit. In international armed conflicts, combatants have an obligation to distinguish themselves from the civilian population and this can be achieved by wearing a uniform. Therefore, members of the armed forces engaged in or preparing an attack without wearing a uniform and/or failing to carry their arms openly are not entitled to the status of prisoner of war. The feigning of protected status by wearing the uniforms of the United Nations or of a neutral or other non-belligerent State is prohibited by IHL. A combatant attempting to gather information on the territory of the adverse party while in uniform shall not be considered a spy (and will therefore benefit from prisoner of war status if captured).

See Combatants; Attack; P risoners of war; S pies; Status; United Nations; Neutral State; P erfidy;

OUTLINE

Chapter 9, III. 3. b) - wearing of enemy uniforms

LEGAL SOURCE

HR, 23(f)

PI, 39/2

CIHL, 62

Obligation for combatants to distinguish themselves

GC III, 4(A)

P I, 44(3)

CIHL, 106

CASES

United States Military Court in Germany, Trial of Skorzeny and Others

Bosnia and Herzegovina, Using Uniforms of Peacekeepers

Iraq, Crimes by Militia Groups

BIBLIOGRAPHIC RESOURCES

JOBST Valentine, “Is the Wearing of the Enemy’s Uniform a Violation of the Laws of War?”, in AJIL, Vol. 35/3, 1941, pp. 435-442 PFANNER Toni, “Military Uniforms and the Law of War”, in IRRC, No. 853, March 2004, pp. 93-130

Wearing of uniforms of UN, neutral or other States not party to the conflict