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False flag

Covert operation designed to deceive

  • 19 min read
  • 9 chapters
Douglas A-26C Invader 44-35440 wearing false Cuban AF markings at the Wings over Miami air museum at Tamiami Airport
RuthAS · CC BY 3.0

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The term today extends to include countries that organize attacks on themselves and make the attacks appear to be by enemy nations or terrorists, thus giving the nation that attacked itself a pretext for domestic repression or foreign military aggression (as well as to engender sympathy). Similarly deceptive activities carried out during peacetime by individuals or nongovernmental organizations have also been called false-flag operations, but are more commonly called "frameup", "stitch up", or "setup".

Use in warfare

In land warfare, such operations are generally deemed acceptable under certain circumstances, such as to deceive enemies, provided the deception is not perfidious and that all such deceptions are discarded before opening fire upon the enemy. Similarly, in naval warfare such a deception is considered permissible, provided the false flag is lowered and the true flag raised before engaging in battle. Auxiliary cruisers operated in such a fashion in both World Wars, as did Q-ships, while merchant vessels were encouraged to use false flags for protection. Such masquerades promoted confusion not just of the enemy but of historical accounts. In 1914, the Battle of Trindade was fought between the British auxiliary cruiser RMS Carmania and the German auxiliary cruiser SMS Cap Trafalgar, which had been altered to look like Carmania.

Another notable example was the World War II German commerce raider Kormoran, which surprised and sank the Australian light cruiser HMAS Sydney in 1941 while disguised as a Dutch merchant ship, causing the greatest loss of life on an Australian warship. While Kormoran was fatally damaged in the engagement and its crew captured, the outcome represented a considerable psychological victory for the Germans.

The British used a Kriegsmarine ensign in the St Nazaire Raid and captured a German code book. The old destroyer Campbeltown, which the British planned to sacrifice in the operation, was provided with cosmetic modifications that involved cutting the ship's funnels and chamfering the edges to resemble a German Type 23 torpedo boat. By this ruse, the British got within two miles (3 km) of the harbour before the defences responded, where the explosive-rigged Campbeltown and commandos successfully disabled or destroyed the key dock structures of the port.

Air warfare

Between December 1922 and February 1923, a commission of jurists at the Hague drafted a set of rules concerning the Control of Wireless Telegraphy in Time of War and Air Warfare. They included:

  • Art. 3. A military aircraft must carry an exterior mark indicating its nationality and its military character.
  • Art. 19. The use of false exterior marks is forbidden.

This draft was never adopted as a legally binding treaty, but the International Committee of the Red Cross states in its introduction on the draft: "To a great extent, [the draft rules] correspond to the customary rules and general principles underlying treaties on the law of war on land and at sea", and as such these two non-controversial articles were already part of customary law.

Land warfare

In land warfare, the use of a false flag is similar to that of naval warfare: the trial of Waffen SS officer Otto Skorzeny—who planned and commanded Operation Greif—by a U.S. military tribunal at the Dachau trials included a finding that Skorzeny was not guilty of a crime by ordering his men into action in American uniforms. He had relayed to his men the warning of German legal experts: if they fought in American uniforms, they would be breaking the laws of war; however, they probably were not doing so simply by wearing the American uniforms. During the trial, a number of arguments were advanced to substantiate this position and the German and U.S. military seem to have been in agreement.

In the transcript of the trial, it is mentioned that Paragraph 43 of the Field Manual published by the War Department, United States Army, on 1 October 1940, under the entry Rules of Land Warfare states: "National flags, insignias and uniforms as a ruse – in practice it has been authorized to make use of these as a ruse. The foregoing rule (Article 23 of the Annex of the IV 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."

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