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At least as a rule established in theory, a computer-generated attack should not give the impression that is originating from the enemy's own IT infrastructure, as this would represent an equivalent of wearing the adversary's uniform.ĩ. Furthermore, impersonating a legitimate user of a computer device to gain access to it during cyber hostilities is also a conceivable alternative. Obviously, this definition is broad and, as the author realizes that himself, most of the cyber attacks today assume this form of compromising another system. Rowe defines cyber perfidy as an act "whenever malicious software or hardware pretends to be ordinary software or hardware"-in other words, digital " acts inviting the confidence of an adversary with intent to betray that confidence" (2013, par. The prohibition has four elements: (1) an act inviting particular confidence of the adversary (2) an intent to betray that confidence (3) a specific protection provided for in international law and (4) death or injury of the adversary. Without the prohibition of perfidy, certain humanitarian actions would not be possible and "quarter and succor would not be given, surrender would not be credible, and armistice would be meaningless."ģ. (d) The feigning of protected status by the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict. (c) The feigning of civilian, non-combatant status and

(b) The feigning of an incapacitation by wounds or sickness (a) The feigning of an intent to negotiate under a flag of truce or of a surrender The following acts are examples of perfidy: Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence, shall constitute perfidy. It is prohibited to kill, injure or capture an adversary by resorting to perfidy.