القاعدة ذات الصلة
Canada
Practice Relating to Rule 146. Reprisals against Protected Persons
Canada’s LOAC Manual (1999), in the section dealing with the treatment of prisoners of war (PWs), provides: “Reprisals against PWs are prohibited.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 10-3, § 25; see also p. 15-2, § 15(c).
In the section dealing with enforcement measures, the manual further states: “Reprisals are permitted against combatants and against objects constituting military objectives.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 15-2, § 16.
In the same section, it states: “Reprisals against the following categories of persons and objects are prohibited: … c. prisoners of war (PWs)”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 15-3, § 15.
Canada’s Code of Conduct (2001) provides: “No reprisals will be taken against PWs [prisoners of war] or detainees.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 6, § 12.
Canada’s LOAC Manual (2001) states in its chapter on the treatment of prisoners of war (PWs): “Reprisals against PWs are prohibited.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1019.
In its chapter entitled “Preventative and enforcement measures and the role of protecting powers”, the manual states:
4. Reprisals against the following categories of persons and objects are prohibited:
c. prisoners of war (PWs);
5. Reprisals are permitted against combatants and against objects constituting military objectives. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1507.4.c and 5.
Canada’s Code of Conduct (2005) states:
No reprisals will be taken against PWs [prisoners of war] or detainees … CF [Canadian Forces] personnel will treat detained persons properly regardless of how CF personnel may have been treated while in the hands of opposing forces. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 6, § 12.
In 1986, in a memorandum on Canada’s attitude to possible reservations with regard to the 1977 Additional Protocol I, the Canadian Ministry of Defence noted: “The Geneva Conventions of 1949 prohibit reprisals against certain categories of persons such as … prisoners of war”. 
Canada, Ministry of Defence, Memorandum on Ratification of the 1977 Additional Protocol I, Reprisals Reservation, Operational Considerations, Doc. 3440-13-2 (D Law/I), 14 March 1986, § 2.
Canada’s LOAC Manual (1999), in a section dealing with the treatment of the wounded, sick and shipwrecked, states: “Reprisals against the wounded, sick, and shipwrecked are forbidden.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-1, § 7.
In a section dealing with enforcement measures, the manual further provides: “Reprisals are permitted against combatants and against objects constituting military objectives.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 15-2, § 16.
The manual also states:
Reprisals against the following categories of persons and objects are prohibited:
a. the wounded, sick … protected by [the 1949 Geneva Convention I];
b. the wounded, sick and shipwrecked persons … protected by [the 1949 Geneva Convention II]. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 15-2, § 15.
Canada’s LOAC Manual (2001) states in its chapter on the treatment of the wounded, sick and shipwrecked: “Reprisals against the wounded, sick and shipwrecked are forbidden.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 903.5.
In its chapter entitled “Preventative and enforcement measures and the role of protecting powers”, the manual states:
4. Reprisals against the following categories of persons and objects are prohibited.
a. the wounded, sick, medical personnel, medical buildings or equipment protected by [the 1949 Geneva Convention I];
b. the wounded, sick and shipwrecked persons, the personnel, the vessels and equipment protected by [the 1949 Geneva Convention II];
5. Reprisals are permitted against combatants and against objects constituting military objectives. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1507.4.a–b and 5.
Canada’s LOAC Manual (1999), in a section dealing with enforcement measures, provides: “Reprisals are permitted against combatants and against objects constituting military objectives.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 15-2, § 16.
In the same section, the manual states:
Reprisals against the following categories of persons and objects are prohibited:
a. the … medical personnel … protected by [the 1949 Geneva Convention I];
b. the … personnel … protected by [the 1949 Geneva Convention II]. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 15-2, § 15.
Canada’s LOAC Manual (2001) states in its chapter entitled “Preventative and enforcement measures and the role of protecting powers”:
4. Reprisals against the following categories of persons and objects are prohibited.
a. the wounded, sick, medical personnel, medical buildings or equipment protected by [the 1949 Geneva Convention I];
b. the wounded, sick and shipwrecked persons, the personnel, the vessels and equipment protected by [the 1949 Geneva Convention II];
5. Reprisals are permitted against combatants and against objects constituting military objectives. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1507.4.a–b and 5.
In 1986, in a memorandum on Canada’s attitude to possible reservations with regard to the 1977 Additional Protocol I, the Canadian Ministry of Defence noted: “The Geneva Conventions of 1949 prohibit reprisals against certain categories of persons such as medical personnel.” 
Canada, Ministry of Defence, Memorandum on Ratification of the 1977 Additional Protocol I, Reprisals Reservation, Operational Considerations, Doc. 3440-13-2 (D Law/I), 14 March 1986, § 2.
Canada’s LOAC Manual (1999), in a chapter entitled “Treatment of civilians in the hands of a party to the conflict or an occupying power” and, more specifically, in a section containing “Provisions common to the territories of the parties to the conflict and to occupied territories”, refers to the 1949 Geneva Convention IV and states: “The following are expressly prohibited: … the taking of reprisals against protected persons and their property”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 11-4, § 33.
In a section dealing with enforcement measures, the manual further provides: “Reprisals are permitted against combatants and against objects constituting military objectives.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 15-2, § 16.
In the same section, the manual also states: “Reprisals against the following categories of persons and objects are prohibited: … d. civilians in the hands of a party to the conflict of which they are not nationals, including inhabitants of occupied territory”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 15-2, § 15.
Canada’s LOAC Manual (2001), in its chapter on the treatment of civilians in the hands of a party to the conflict or an occupying power and, more specifically, in a section entitled “Provisions common to the territories of the parties to the conflict and to occupied territories”, states:
[The 1949 Geneva Convention IV] prohibits taking any measure, which will cause physical suffering to protected persons or will lead to their extermination. This prohibition applies not only to murder, torture, corporal punishment, mutilation or medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other form of brutality, whether applied by civilians or by military personnel. The following are expressly prohibited:
d. the taking of reprisals against protected persons and their property. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1121.2.d.
In its chapter on rights and duties of occupying powers, the manual further states:
1223. Control of persons in occupied territory
3. The following measures of population control are forbidden at all times:
d. punishment for acts of others, that is, reprisals or collective penalties. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1223.3.d.
In its chapter entitled “Preventative and enforcement measures and the role of protecting powers”, the manual also states:
4. Reprisals against the following categories of persons and objects are prohibited.
d. civilians in the hands of a party to the conflict of which they are not nationals, including inhabitants of occupied territory;
5. Reprisals are permitted against combatants and against objects constituting military objectives. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1507.4.d and 5.
Canada’s LOAC Manual (1999) provides: “Reprisals against civilians … are prohibited.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-5, § 39.
In a part dealing with enforcement measures, the manual states: “Reprisals against the following categories of persons and objects are prohibited: … e. civilians”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 15-2, § 15.
Canada’s LOAC Manual (2001) states in its chapter on targeting: “Reprisals against civilians and civilian objects are prohibited.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 430.
In its chapter entitled “Preventative and enforcement measures and the role of protecting powers”, the manual states:
4. Reprisals against the following categories of persons and objects are prohibited.
e. civilians;
5. Reprisals are permitted against combatants and against objects constituting military objectives. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1507.4.e and 5.
At the CDDH, the representative of Canada, with respect to paragraph 4 of draft Article 46 (which became Article 51 of the 1977 Additional Protocol I), stated that “his delegation could accept a prohibition on reprisals against civilians or the civilian population”. 
Canada, Statement at the CDDH, Official Records, Vol. XIV, CDDH/III/SR.15, 7 February 1975, p. 117, § 2.
In 1986, in a memorandum on Canada’s attitude to possible reservations with regard to the 1977 Additional Protocol I, the Canadian Ministry of Defence noted:
Under [the 1949 Geneva Conventions] … reprisals directed against the enemy civilian population or property in enemy controlled areas are permissible. [The 1977 Additional Protocol I] goes beyond the Geneva Conventions and prohibits reprisals directed against the enemy civilian population or civilian property under all circumstances. 
Canada, Ministry of Defence, Memorandum on Ratification of the 1977 Additional Protocol I, Reprisals Reservation, Operational Considerations, Doc. 3440-13-2 (D Law/I), 14 March 1986, § 2.