False flag

False flag operations are covert operations conducted by governments, corporations, or other organizations, which are designed to appear as if they are being carried out by other entities. The name is derived from the military concept of flying false colors; that is, flying the flag of a country other than one's own. Terrorist attacks may sometimes be in fact false flag operations, as in the Italian strategy of tension in which several bombings in the 1970s, attributed to far-left organizations, were in fact carried on by far-right organizations cooperating with the Italian secret services. Elsewhere in Europe, the Mouvement d'Action et Défense Masada, supposedly a Zionist group, was really a neo-fascist terrorist group which hoped to increase tension between Arabs and Jews in France.

Laws of war

In naval warfare, this practice was considered acceptable provided one lowered the false flag and raised the national flag before engaging in battle. Auxiliary cruisers operated in such a fashion in both World Wars. In the most notable example, the German Kormoran raider surprised and sank the Australian light cruiser HMAS Sydney in 1941, causing the greatest recorded loss of life in an Australian warship.

In land warfare, the use of a false flag is similar to that of naval warfare. This was first established at the trial in 1947 of the planner and commander of Operation Greif, Otto Skorzeny by the Dachau Military Tribunal. The court did not find Skorzeny guilty of a crime by ordering his men into action in American uniforms. He had passed on German legal experts warning to his men, that if his men were to fight in American uniforms they would be breaking the laws of war, but they probably were not doing so just by wearing the uniform. During the trial a number of arguments were advanced to substantiate this position and the German and US military seem to be in agreement on it. In the transcript of the trial[1], it is mentioned that Paragraph 43 of the Field Manual published by the War Department, United States Army, on 1st October, 1940, under the title "Rules of Land Warfare", says:

"National flags, insignias and uniforms as a ruse-in practice it has been authorised to make use of these as a ruse. The foregoing rule (Article 23 of the Annex of the IVth Hague Convention), does not prohibit such use, but does prohibit their improper use. It is certainly forbidden to make use of them during a combat. Before opening fire upon the enemy, they must be discarded".

Also The American Soldiers' Handbook, was quoted by Defence Counsel and says:

"The use of the enemy flag, insignia and uniform is permitted under some circumstances. They are not to be used during actual fighting, and if used in order to approach the enemy without drawing fire, should be thrown away or removed as soon as fighting begins".

The outcome of the trial has been codified in the 1977 Protocol Additional to the Geneva Conventions of 12 August 1949 (Protocol I):

Article 37.-Prohibition of perfidy

1. It is prohibited to kill, injure or capture an adversary by resort to 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. The following acts are examples of perfidy:

(a) The feigning of an intent to negotiate under a flag of truce or of a surrender;

...

(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.

2. Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law applicable in armed conflict and which are not perfidious because they do not invite the confidence of an adversary with respect to protection under that law. The following are examples of such ruses: the use of camouflage, decoys, mock operations and misinformation.

Article 38.-Recognized emblems

1. It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or red lion and sun or of other emblems, signs or signals provided for by the Conventions or by this Protocol. It is also prohibited to misuse deliberately in an armed conflict other internationally recognized protective emblems, signs or signals, including the flag of truce, and the protective emblem of cultural property.

2. It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by that Organization.

Article 39.-Emblems of nationality

1. It is prohibited to make use in an armed conflict of the flags or military emblems, insignia or uniforms of neutral or other States not Parties to the conflict.

2. It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Parties while engaging in attacks or in order to shield, favour, protect or impede military operations.

3. Nothing in this Article or in Article 37, paragraph 1 ( d ), shall affect the existing generally recognized rules of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea.

Spy tradecraft

In espionage the false flag technique is used to recruit people into spying or stealing critical documents, by convincing them that they are working for a friendly government or their own government. The technique can also be used to catch a spy by having a loyal agent pose as a spy from the other side and approach someone suspected of spying. Earl Edwin Pitts, 43, a 13-year veteran of the FBI and an attorney was caught when he was approached by FBI agents posing as Russian agents.

Civilian usage

In the civilian world, similar operations are being employed in some less-ethical public relations campaigns (see Astroturfing). Telemarketing firms practice false flag type behavior when they pretend to be a market research firm (referred to as "sugging"). Regarding its use by private security personnel, see the case of US Surgical Corporation and Fran Trutt.

Laws of war

Spy tradecraft

Civilian usage

See also