Can you play dead in war?

Can You Play Dead in War? A Look into the Rules of Engagement

In the chaos of battle, soldiers have been known to resort to desperate measures to survive. One such tactic is playing dead, where troops pretend to be lifeless in an attempt to escape harm. But is playing dead a legitimate tactic in war? The answer is yes, but with caveats and ramifications. In this article, we’ll explore the rules surrounding playing dead in war.

Why Play Dead in War?

Playing dead in war is a form of ruse de guerre, a tactics used by soldiers to mislead or deceive the enemy. It’s a common practice used by soldiers worldwide, with evidence of its use dating back to World War I. German soldiers, for instance, would play dead to surrender or retreat, while American soldiers during the Vietnam War used the tactic to stay alive. The reasons are simple:

• Fear of harm: Playing dead can help soldiers avoid deadly attacks, especially in cases where there’s no viable escape route.
• Survival: Pretending to be dead can mean the difference between life and death.
• Strategy: Playing dead can allow soldiers to escape and later rejoin their unit.

Legal Considerations

Playing dead in war is allowed under specific circumstances:

• Convention: Article 45 of the Hague Convention No. 3 of 1954 states that parties to a conflict must try to identify the wounded or dead before removing them or destroying enemy positions.
• Geneva Conventions: The Geneva Convention Relative to the Treatment of Prisoners of War, Article 16, Article 37, and Article 85 authorize the simulation of death, but with specific conditions. For instance, prisoners who simulate death to escape, but then surrender, would not be considered liable for trial.

However, there are crucial caveats: playing dead can lead to undesirable outcomes, such as:

• Lying in Wait: Players of dead risk being caught by the enemy, potentially leading to a shoot-on-sight scenario.
• Moral Hazards: Playing dead can create doubts about one’s loyalty to their fellow soldiers and could lead to mistrust.
• Psychological Toll: Lying dead can cause emotional distress, especially if done repeatedly or for extended periods.

When to Play Dead in War

Not all situations are suitable for playing dead. Criteria must be met for this tactic to be justified:

• No apparent threat: The enemy poses no immediate threat to life.
• No way to surrender: Surrender is impossible or would only lead to harm.
• Prisoner of war: Soldiers who simulate death to avoid capture or repatriation would not be considered liable for trial (Geneva Convention, Art. 85).

Subsequent Behavior

If caught playing dead, soldiers face potential consequences:

• War crimes: Simulating death to flee or evade combat could result in war crimes charges under the Rome Statute and the Geneva Conventions.
• Punishment: Players of dead may receive punishment, which could include disciplinary measures or court martial.
• Risk of Recapture: Should a prisoner of war simulation fail, they risk recapture and severe punishment.

Conclusion

Playing dead in war can be a viable tactic when used with caution and considering the potential consequences. Under specific circumstances, it is legal to simulate death, but responsibility lies with the individual soldier to assess the situation, weigh the risks, and make the right decision for their safety and the sake of their unit. Understanding the legal and moral complexities surrounding this tactic is essential for soldiers worldwide.

Additional resources:

• Article 45, Hague Convention No. 3 of 1954: The full text of the treaty can be accessed on the International Committee of the Red Cross (ICRC) website.
• The Geneva Convention Relative to the Treatment of Prisoners of War: The full text of the treaty can be accessed on the ICRC website.
• "Playing Dead in War": A Review of the Contemporary Debate, published in the Journal of International Humanitarian Law.