“Francs-tireurs (a term originating in the Franco-Prussian War) are enemy civilians or militia who continue to fight in territory occupied by a warring party and do not wear military uniforms, and may otherwise be known as guerrillas, partisans, insurgents, etc. Though they could be legally jailed or executed by most armies a century ago, the experience of World War II influenced nations occupied by foreign forces to change the law to protect this group.”
Do you have a reference for that? Even as perfidy is a war crime, we do not generally allow for summary execution for war criminals.
ICRC says perfidy places you outside of the bounds of protection of international law:
https://ihl-databases.icrc.org/en/customary-ihl/v1/rule65
I looked at that page before writing my comment.
It says that perfidy is a war crime. However, I don’t see anything supporting summary execution.
https://en.m.wikipedia.org/wiki/Summary_execution says the following:
“Francs-tireurs (a term originating in the Franco-Prussian War) are enemy civilians or militia who continue to fight in territory occupied by a warring party and do not wear military uniforms, and may otherwise be known as guerrillas, partisans, insurgents, etc. Though they could be legally jailed or executed by most armies a century ago, the experience of World War II influenced nations occupied by foreign forces to change the law to protect this group.”
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How would one know perfidy occurred?
The search term that might help here is “previous judgment, pronounced by a regularly constituted court.”
Also: if one is outside of the protection of IHL/LOAC, might other laws protect him?
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