القاعدة ذات الصلة
Canada
Practice Relating to Rule 142. Instruction in International Humanitarian Law within Armed Forces
Section A. General
Canada’s Unit Guide (1990) states:
1. The aim of this manual is to acquaint all ranks with the principles of the Geneva Conventions for the Protection of War Victims signed on August 12, 1949.
2. Each of the 1949 Geneva Conventions contains a provision requiring participating nations to distribute the text of the Convention as widely as possible and, in particular, to include a study of these texts in programmes of military instruction. 
Canada, Unit Guide for the Geneva Conventions, Canadian Forces Publication C 318(4), 1990, § 101.
Canada’s LOAC Manual (1999) notes that it is designed “to be used as the main source for the preparation of lesson plans required for the training of all members of the CF [Canadian Forces] on the LOAC”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, Introduction, p. i, § 5.
The manual also states:
The most important factor in ensuring that the LOAC is applied by all parties to an armed conflict is knowledge of the law. Canada has the obligation, as a party to the Additional Protocol I to the Geneva Conventions (AP I), to instruct the CF on the LOAC, in time of peace as well as in time of armed conflict. Canada also has the obligation to include the study of LOAC in military instruction programmes. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 15-1, § 6.
Canada’s Code of Conduct (2001) states:
CF [Canadian Forces] members are not expected to know all the details of the various treaties and international customs that make up the Law of Armed Conflict. They are, however, expected to know at least the basic principles which, when followed, will ensure CF members carry out their duties in accordance with the spirit and principles of the Law of Armed Conflict. These principles of the Law of Armed Conflict are set out in the CF Code of Conduct. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Introduction, § 8.
The Code of Conduct further states: “It is CF policy to respect and abide by the Law of Armed Conflict in all circumstances. To meet this commitment, every CF member must know and understand, as a minimum, the basic principles of the Law of Armed Conflict.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 11, § 1.
Canada’s LOAC Manual (2001) states:
1. The aim of the Law of Armed Conflict at the Operational and Tactical Levels [LOAC Manual] is to provide a working level publication on the Law of Armed Conflict (LOAC) and a practical guide for the use of commanders, staff officers and LOAC instructors.
2. The Manual is designed to apply to the tactical/operational levels of doctrine related to the LOAC and to be used as the main source for the preparation of lesson plans required for the training of all members of the CF [Canadian Forces] on the LOAC. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, p. i.
In its chapter entitled “Preventative and enforcement measures and the role of protecting powers”, the manual further states:
The most important factor in ensuring that the LOAC is applied by all parties to an armed conflict is knowledge of the law. Canada has the obligation, as a party to Additional Protocol I to the Geneva Conventions (AP I), to instruct the CF on the LOAC, in time of peace as well as in time of armed conflict. Canada also has the obligation to include the study of LOAC in military instruction programmes and to encourage the study of the LOAC by the civilian population. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1503.
Canada’s Prisoner of War Handling and Detainees Manual (2004) states:
The GCs [1949 Geneva Conventions] and AP I [the 1977 Additional Protocol I] place a duty on their signatories in time of both peace and war to circulate the texts as widely as possible within their countries. They are especially required to ensure that the implications of the GCs and AP I are clearly understood by the members of their Armed Forces and by the civilian population. In order to assist this process, the GCs and AP I place an obligation on signatories to disseminate the text of the Conventions to appropriate military and civilian personnel. 
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, § 104.1.
Canada’s Code of Conduct (2005) explains in its introduction:
4. Operational missions often require CF [Canadian Forces] members to make decisions under considerable stress and in times of confusion. Moreover, the course of action one elects to make during operations can have serious consequences. Decisions must often be made very quickly. Compliance with this simple Code of Conduct helps to ensure that split second decisions are consistent with the Law of Armed Conflict and Canadian law.
5. The purpose of the Code, therefore, is to provide simple and understandable instructions to ensure that CF members apply as a minimum, the spirit and principles of the Law of Armed Conflict in all CF operations other than Canadian domestic operations.
8. CF members are not expected to know all the details of the various treaties and international customs that make up the Law of Armed Conflict. They are, however, expected to know at least the basic principles which, when followed, will ensure CF members carry out their duties in accordance with the spirit and principles of the Law of Armed Conflict. These principles of the Law of Armed Conflict are set out in the CF Code of Conduct.
9. The CF Code of Conduct consists of eleven rules which capture the essence of the Law of Armed Conflict. This Code does not in any way replace or alter the existing treaties and conventions to which Canada is a party. Actually, it represents a summary of the Law of Armed Conflict. It is designed to assist you, your commanders and your fellow members of the armed forces to achieve legitimate military objectives while ensuring operations are carried out in accordance with the Law of Armed Conflict. You must, therefore, know and faithfully comply with these eleven rules. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Introduction, §§ 4–5 and 8–9.
Rule 11 of the Code of Conduct further states:
It is CF policy to respect and abide by the Law of Armed Conflict in all circumstances. To meet this commitment, every CF member must know and understand, as a minimum, the basic principles of the Law of Armed Conflict. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 11, § 1.
The 1997 Report of the Commission of Inquiry into the Deployment of Canadian Forces (CF) to Somalia stated:
The training plan for Operation Cordon did not adequately provide for sufficient and appropriate training in relation to several non-combat skills that are essential for peacekeeping, including: … the Law of Armed Conflict, including arrest and detention procedures … The failure of the training plan to provide adequately for these non-combat skills arose primarily from the lack of any doctrine recognizing the need for such training, and the lack of supporting training materials and standards. 
Canada, Commission of Inquiry into the Deployment of Canadian Forces to Somalia, Dishonoured Legacy: The Lessons of the Somalia Affair. Report of the Commission of Inquiry into the Deployment of Canadian Forces to Somalia, Public Works and Government Services Canada – Publishing, Ottawa, 1997, pp. 586 and ES-27.
The report also stated:
The CF is obliged under international law to provide training in the LOAC … Documents that we have received indicate that in the mid-1980s, individual non-commissioned members within the CF were expected to have a “basic knowledge” of the Geneva Conventions, including treatment of prisoners of war and civilian detainees. Field officers attending the Command and Staff College would have received three hours of training in the LOAC in the mid-1980s, and some majors and most lieutenant-colonels would receive a full day session on the LOAC and ROE. According to the CF, there is considerable LOAC training taking place within the CF but it is not well co-ordinated.
• In 1992, there was insufficient training in the CF generally on the Law of Armed Conflict (LOAC). This in turn resulted from a lack of institutional commitment within the CF regarding a systematic and thorough dissemination of the LOAC to all its members …
•There was a serious lack of training on the LOAC during the pre-deployment training for Somalia, as evidenced by the soldier’s confusion in theatre over how to treat detainees once they were captured.
•The lack of attention to the LOAC and its dissemination demonstrates a profound failure of the CF leadership, both in adequate preparation of Canadian troops sent to Somalia, and in Canada’s obligation to respect the elementary principles of international law in the field of armed conflict. 
Canada, Commission of Inquiry into the Deployment of Canadian Forces to Somalia, Dishonoured Legacy: The Lessons of the Somalia Affair. Report of the Commission of Inquiry into the Deployment of Canadian Forces to Somalia, Public Works and Government Services Canada – Publishing, Ottawa, 1997, pp. 613–615.
However, the report further stated:
In making recommendations on training, we are mindful of the developments that have occurred in the Canadian Forces since the incidents in Somalia in March 1993 … We … certainly endorse the specific attention being given to the Law of Armed Conflict and rules of engagement, and the increased emphasis on humanitarian and legal aspects of operations. 
Canada, Commission of Inquiry into the Deployment of Canadian Forces to Somalia, Dishonoured Legacy: The Lessons of the Somalia Affair. Report of the Commission of Inquiry into the Deployment of Canadian Forces to Somalia, Public Works and Government Services Canada – Publishing, Ottawa, 1997, pp. 625–626.
The Commission of Inquiry into the Deployment of Canadian Forces (CF) to Somalia recommended with respect to the training of the armed forces for peacekeeping missions, inter alia, that:
21.8 The Chief of the Defence Staff oversee the development of specialist expertise within the Canadian Forces in training in the Law of Armed Conflict and the rules of engagement …
21.9 The Chief of the Defence Staff ensure that the time and resources necessary for training a unit to a state of operational readiness be assessed before committing that unit’s participation in a peace support operation.
21.14 The Chief of the Defence Staff establish mechanisms to ensure that all members of units preparing for deployment on peace support operations receive sufficient and appropriate training on the local culture, history, and politics of the theatre of operations, together with refresher training on negotiation and conflict resolution and the Law of Armed Conflict.
21.15 The Chief of the Defence Staff establish in doctrine and policy that no unit be declared operationally ready unless all its members have received sufficient and appropriate training on mission-specific rules of engagement and steps have been taken to establish that the rules of engagement are fully understood.
21.16 The Chief of Defence Staff ensure that training standards and programs provide that training in the Law of Armed Conflict, rules of engagement, cross-cultural relations, and negotiation and conflict resolution be scenario-based and integrated into training exercises, in addition to classroom instruction or briefings, to permit the practice of skills and to provide a mechanism for confirming that instructions have been fully understood. 
Canada, Commission of Inquiry into the Deployment of Canadian Forces to Somalia, Dishonoured Legacy: The Lessons of the Somalia Affair. Report of the Commission of Inquiry into the Deployment of Canadian Forces to Somalia, Public Works and Government Services Canada – Publishing, Ottawa, 1997, pp. 628–631, Recommendations No. 21(8), 21(9), 21(14), 21(15) and 21(16).