I was watching a documentary and some military students were in a classroom discussing a combat scenario and the classroom instructor asked them what they’d do if they encountered an enemy asset (I think the scenario involved U.S. warplanes approaching the enemy asset) and then the enemy raised a white flag. One student then said something to the effect of, well, I guess this means we can’t bomb them, then, so we have to go away.
The instructor then asked - but then what if the enemy simply just raised a white flag every time they wanted U.S. forces to go away?
This situation is more particular because a U.S. warplane can’t do much in this situation. It can’t arrest the enemy, apply handcuffs to the enemy, etc. Its only option is to either bomb or refrain from bombing, essentially.
So indeed - what if an enemy resorted to waving white flags with impunity every time they wanted American drones or warplanes to not bomb them?
Are they actually surrendering, or just waiving a white flag? If they waive a flag and lay on the ground until someone gets there, then fine. If, at any time, they try to flee then they can be bombed. If even one of them is trying to run (or walk) away, that person can be targeted. If the only weapon available is a 500lb bomb, then the rest of the group will end up being collateral damage.
Keep in mind that there is nothing magical about a white flag. If they are using it because they are actually trying to surrender or seeking to negotiate, then okay. If they’re just trying to get the drones to leave, then that is not a surrender. Improper use of a white flag or any other false surrender is against the laws of war. Anyone abusing any protection afforded by the laws of war will lose that protected status. This would be like someone wearing a Red Cross or Crescent and then engaging in combat. They will lose any protection afforded by the symbol. They can’t just put it on and off at their leisure or whenever a drone is flying around. Similarly, a Mosque is a protected site unless someone is fighting from it, then it loses its protection.
White flag means “let’s talk, don’t shoot and we won’t”, not necessarily surrender. The surrender meaning is the most common situation, since as long as both sides think they can win they keep shooting but once one side decides it can’t then surrender becomes the next best thing ; but that’s not always the case.
Specifically perfidy is prohibited under article 37 of Protocol I of the Geneva conventions.
I’d guess that regular conventional troops would be extremely unlikely to use this tactic, since if they do, then they’re likely to be cut down without hesitation if they ever do try to really surrender.
Yes, it’s used at least as often as a flag of Truce rather than one of Surrender. It is meant to be an offer to talk about things such as the terms of surrender, or other humanitarian issues like having a period of time without firing to retrieve wounded or dead soldiers from between the lines.
The reliable signals of surrender are things like throwing down your weapons, marching away from your position with your hands behind your head, and then lying face down on the ground. Waving a white flag is a weak sign of surrender that shouldn’t be accepted by itself. There have already been accusations of the misuse of medical insignia to prevent attacks. Trust but verify, which means don’t trust.
I was listening to a lecture by a US Army lawyer and he said that there has to be a clear intent of surrender as well as being prefaced by an obvious ceasing of hostile activities. His example was that if an opposing soldier popped out of hiding spot and opened fire on an American squad and then stopping firing (either because of running out of ammo, weapon jamming, or reevaluating survival chances) and raised his arms in surrender, the American forces would be fully justified in returning fire and killing him despite his surrender because he is still considered a hostile force due to his prior aggression.
Yes, there’s pretty much no surrendering while the engagement is happening. The enemy doesn’t even necessarily have to start the firefight, either. If we initiate an ambush on the enemy, they don’t get to put hands up or wave flags as soon as the shooting starts. They’re going to be killed. Period. It would be kind of hard to conduct an ambush otherwise. However, if anyone happens to have survived once the dust settles and the assaulting forces has reached the Limit of Advance, they can surrender. Similarly, if there is anyone left breathing at that point, they are entitled to the same level of medical care as our own soldiers. Going around playing “clean-up” is illegal. Sometimes its strange how the line is drawn, but there is definitely a line.
John Keegan has written in The Face of Battle about “one of the most obscure of all battlefield transactions – how soldiers get their offer of surrender accepted.” Apparently the surrendering force has to offer their opponents something (typically by declining to fire, etc.) to make the risky transaction worthwhile, as well as making the intention to surrender very clear .
My Dad served in the American infantry in Europe in World War II. He told us about the last days of the Reich. Proceeding on foot through the blasted landscape, his unit was frequently subjected to lone Hitler Youth recruits, typically 12-to-15-year-old boys, popping up and letting fly with a Schmeisser submachine gun or a Panzerfaust rocket. Once they’d emptied the magazine or spent the rocket, they’d fling their hands up in surrender.
From the DoD Law of War regarding White flag for negotiations. I had to read this document in its entirety for professional reasons, it’s a useful document for random military law questions.
12.4.1 Meaning of the White Flag—a Desire to Communicate. As a legal matter, the white flag, when used by military forces, indicates a desire to communicate with the enemy. The hoisting of a white flag has no other legal meaning in the law of war.33
The hoisting of a white flag may indicate that the party hoisting it desires to open communication with a view to an armistice (e.g., to enable forces to collect the wounded) or a surrender.34 If hoisted during a military action by an individual combatant or a small party of combatants, it may signify merely that those persons or forces wish to surrender.35 Although the white flag has been used with this intent, the display of the white flag does not necessarily mean that the person or forces displaying it are prepared to surrender. Moreover, enemy forces in the immediate area might not have the same intent as the individual or forces displaying the whiteflag, especially where the display of the white flag was not authorized by the individual or force’s commander.
12.4.2 Rules for the Party Displaying the White Flag. Forces displaying a flag of truce must show clearly that they intend to engage in non-hostile relations. They bear the burden of communicating their intent to the adversary.
To indicate that the hoisting of the white flag is authorized by its commander, the appearance of the flag should be accompanied or followed promptly by a complete cessation of fire from that side.36
The commander authorizing the hoisting of the flag should also promptly send a parlementaire to communicate the commander’s intent.37
12.4.2.1 Prohibition on Improper Use of the Flag of Truce. It is especially forbidden to make improper use of a flag of truce.38 It would be improper to use a flag of truce to feign an intention to negotiate, surrender, or otherwise suspend hostilities when there is no such intention.39
It is an abuse of the flag of truce if the force that sends a parlementaire does not halt and cease fire while the parlementaire is approaching, or is being received by, the other party.40
Improper use of a flag of truce also includes its use while engaging in attacks or in order to shield, favor, or protect one’s own military operations, or otherwise to impede enemy military operations.41 For example, flags of truce may not be used surreptitiously to obtain military information, or with the purpose of obtaining time to effect a withdrawal, secure reinforcements, resupply, or conduct other operations. 42
12.4.3 Rules for the Party to Whom the White Flag Is Displayed. A party is not required to cease firing or other military operations when a white flag is raised by the other side.43 It is essential to determine with reasonable certainty that the flag is shown by actual authority of the enemy commander before basing important action upon that assumption.44 For example, forces should not assume that all enemy forces in the locality intend to surrender and expose themselves to hostile fire based on the enemy’s display of a white flag.45
Fire must not be directed intentionally on the person carrying the white flag or on persons near him or her unless there is a clear manifestation of hostile intent by those persons.46