القاعدة ذات الصلة
Canada
Practice Relating to Rule 115. Disposal of the Dead
Canada’s LOAC Manual (1999) provides: “Parties to the conflict shall ensure that the dead are honourably interred.”
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-6, § 58.
The manual also states: “Regulations with regard to burial at sea are adjusted to meet the requirements of the situation.”
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-2, § 11.
With respect to non-international armed conflicts in particular, the manual provides: “Steps must also be taken to … provide for decent disposition [of the dead]”.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-4, § 32.
Canada’s Code of Conduct (2001) provides: “The dead shall be honourably interred.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 7, § 5.
Canada’s LOAC Manual (2001) states in its chapter on the treatment of the wounded, sick and shipwrecked:
1. The remains of all persons who have died as a result of hostilities or while in occupation or detention in relation thereto shall be respected, and their gravesites properly respected, maintained and marked.
…
5. Parties to the conflict shall ensure that the dead are honourably interred, if possible according to the rites of the religion to which they belong.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 925.1 and 5.
The manual also states: “Regulations with regard to burial at sea are adjusted to meet the requirements of the situation.”
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 905.1.
In its chapter on non-international armed conflicts, the manual states:
After any engagement and whenever circumstances permit, all possible steps must be taken without delay to search for and collect the wounded, sick and shipwrecked … Steps must also be taken to search for the dead … and provide for their decent disposition.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1718.
Canada’s Prisoner of War Handling and Detainees Manual (2004) states:
As a general principle, subject to any religious or ethnic variations, the funeral arrangements for a PW [prisoners of war] are to be the same as those, which would be made for a member of the Canadian Forces dying in the AOO [Area of Operations].
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F17.5.
Canada’s Code of Conduct (2005) states: “The dead shall be honourably interred.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 7, § 5.
Canada’s LOAC Manual (1999) provides: “Parties to the conflict shall ensure that the dead are … interred and if possible according to the rites of the religion to which they belong.”
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-6, § 58.
Canada’s Code of Conduct (2001) provides: “The dead shall be … interred, and if possible accorded the rites of the religion to which the deceased belonged.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 7, § 5.
Canada’s LOAC Manual (2001) states in its chapter on the treatment of the wounded, sick and shipwrecked:
5. Parties to the conflict shall ensure that the dead are honourably interred, if possible according to the rites of the religion to which they belong.
6. Bodies shall not be cremated except for imperative reasons of hygiene or for religious motives.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 925.5–6.
Canada’s Prisoner of War Handling and Detainees Manual (2004) states, with regard to the funeral arrangements for prisoners of war (PW):
b. Cremation. PW may only be cremated for imperative reasons of hygiene, on account of the religion of the PW or in accordance with a written request by the PW or by the Prisoners’ Representative on the PW’s behalf …
c. Burial. [The 1949 Geneva Convention III] places a duty on the detaining authorities to ensure that:
(1) PW who have died in captivity are [to be] honourably buried, if possible according to the rites of the religion to which they belonged.
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F17.5.b–c.
Canada’s Code of Conduct (2005) instructs: “The dead shall be honourably interred, and if possible accorded the rites of the religion to which the deceased belonged.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 7, § 5.
Canada’s LOAC Manual (1999) provides: “Bodies shall not be cremated except for imperative reasons of hygiene or for religious motives.”
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-6, § 59.
Canada’s Code of Conduct (2001) provides: “Bodies must not be cremated except for imperative reasons of hygiene or because of the religion of the deceased. Reasons for cremation must be recorded.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 7, § 5.
Canada’s LOAC Manual (2001) states in its chapter on the treatment of the wounded, sick and shipwrecked: “Bodies shall not be cremated except for imperative reasons of hygiene or for religious motives.”
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 925.6.
Canada’s Prisoner of War Handling and Detainees Manual (2004) states with regard to the funeral arrangements for prisoners of war (PW): “PW may only be cremated for imperative reasons of hygiene, on account of the religion of the PW or in accordance with a written request by the PW or by the Prisoners’ Representative on the PW’s behalf.”
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F17.5.b.
Canada’s Code of Conduct (2005) instructs: “Bodies must not be cremated except for imperative reasons of hygiene or because of the religion of the deceased. Reasons for cremation must be recorded.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 7, § 5.
Canada’s LOAC Manual (1999) provides: “Parties to the conflict shall ensure that burial or cremation of the dead is carried out individually as far as circumstances permit.”
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-6, § 55.
Canada’s Code of Conduct (2001) provides: “The burial or cremation of the dead should be carried out individually as far as circumstances permit.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 7, § 5.
Canada’s LOAC Manual (2001) states in its chapter on the treatment of the wounded, sick and shipwrecked: “Parties to the conflict shall ensure that burial or cremation of the dead is carried out individually as far as circumstances permit.”
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 925.2.
Canada’s Prisoner of War Handling and Detainees Manual (2004) states with regard to the funeral arrangements for prisoners of war (PW): “Unless circumstances necessitate the use of collective graves, deceased PW are to be buried in individual graves.”
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F17.5.c(4).
Canada’s Code of Conduct (2005) instructs: “The burial or cremation of the dead should be carried out individually as far as circumstances permit.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 7, § 5.
Canada’s Prisoner of War Handling and Detainees Manual (2004) states with regard to the funeral arrangements for prisoners of war (PW): “Wherever possible, deceased PW who depended on the same Power are [to be] buried in the same location.”
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F17.5.c(3).
Canada’s LOAC Manual (1999) states that the grave sites of all persons who have died as a result of hostilities or while in occupation or detention in relation thereto shall be “properly respected [and] maintained”.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-6, § 54.
Canada’s LOAC Manual (2001) states in its chapter on the treatment of the wounded, sick and shipwrecked:
The remains of all persons who have died as a result of hostilities or while in occupation or detention in relation thereto shall be respected, and their gravesites properly respected, maintained and marked.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 925.1.
Canada’s Prisoner of War Handling and Detainees Manual (2004) states with regard to the funeral arrangements for prisoners of war: “Their graves are [to be] respected, suitably maintained and marked so that they may be found at any time.”
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 3F17.5.c(2).
