text: Conduct of Hostilities
  has not engaged in perfidy. That individual’s act is one of survival or avoidance of capture rather than an act
  undertaken in order to kill or wound the enemy as a result of the enemy’s compliance with LOAC. A civilian
  who may be regarded as taking a direct part in hostilities, such as a civilian authorized to drive a supply truck
  in the area of operations, is subject to attack but has not engaged in perfidy. The criteria for determining when
  a civilian is taking a direct part in hostilities are separate from determinations of perfidy.
  Flag of Truce
  A means of initiating negotiations between opposing forces is the display of a white flag, also called
  a flag of truce. The white flag, when used by military forces, only indicates a desire to communicate with the
  enemy and has no other significance in LOAC on land. Displaying the flag of truce may indicate the party
  hoisting it desires to open negotiations with a view to an armistice or surrender. It is important to determine,
  with reasonable certainty, whether the flag is hoisted by authority of the enemy commander, on behalf of the
  entire force under his or her command, or whether the flag is hoisted simply by an individual or small party
  of combatants. (HR art. 32-34; see also Chapter 7).
  The mere display of a flag of truce, without more communication, does not necessarily mean that
  the unit, or the person waving it, is prepared to surrender. Display of a flag of truce may simply indicate that
  the party hoisting it desires to communicate with a view to negotiating a cease-fire, such as to enable forces
  to collect the wounded off the battlefield.
  An opposing force is not required to cease firing merely because a flag of truce has been displayed.
  Nor is it necessarily a violation of LOAC if the individual displaying the flag of truce is wounded or killed
  while endeavoring to communicate with opposing forces. The burden is upon the party displaying a flag of
  truce to communicate their intentions clearly and unequivocally. To indicate that the hoisting of a white flag
  is authorized by competent authority on behalf of the unit, its appearance must be accompanied or followed
  promptly by a cessation of all hostile acts or resistance, or other manifestations of hostile intent. This includes
  ceasing efforts to escape or to destroy items, documents, or equipment in the custody or charge of the party
  hoisting the white flag. A commander authorizing the display of a flag of truce should promptly send a
  representative (sometimes referred to as a parliamentary or parlementaire) to communicate the commander’s
  intent (see paragraphs 7-17 through 7-40 on parlementaires).
  The improper use of a flag of truce to feign an intention to negotiate, surrender, or otherwise suspend
  hostilities is strictly prohibited and is an act of perfidy if used to then kill or wound the enemy. Improper use
  of a flag of truce includes its employment while engaging in attacks or in order to shield, favor, protect, or
  otherwise impede military operations. Flags of truce may not be used surreptitiously to obtain military
  information or merely to obtain time to effect a retreat or withdrawal, secure reinforcements or resupply, or
  feign surrender in order to carry out a surprise attack on the enemy. Abuse of a flag of truce endangers its
  future recognition and may justify subsequent rejection of a flag of truce. Isolated instances of abuse of a flag
  of truce, however, generally will not permit rejection of subsequent displays of the flag absent an express
  order by competent authority. For Army and Marine forces, this generally would be the theater commander.
  Deceptive Use of Enemy Flags, Insignia, or Military Uniforms
  LOAC prohibits the improper use by military forces of enemy flags, military emblems, insignia, or
  uniforms (see DOD Law of War Manual, 5.23). The use of enemy uniforms is permitted under some
  circumstances, but not for others. The general rule is subject to the following considerations is paragraphs 2-
  159 through 2-163.
  Customary Practice
  In general, the use of enemy flags, military emblems, insignia, or uniforms is prohibited during
  combat, but is permissible outside of combat, such as when collecting intelligence in enemy territory or
  seeking to evade detection by the enemy.
  Spying
  Soldiers or Marines captured by an opposing party behind its lines while wearing its uniform may
  subject them to being treated as spies.