القاعدة ذات الصلة
Canada
Practice Relating to Rule 29. Medical Transports
Canada’s LOAC Manual (1999) states:
92. Medical transports of all types (land, sea, air) are protected and must not be attacked.
93. Medical transports should not be armed (i.e. crew-served weapons) because of the danger that they be mistaken as fighting vehicles. Medical personnel in the medical transports can, however, retain their personal weapons. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-9, §§ 92–93; see also p. 9-4, §§ 35–36.
With respect to non-international armed conflicts in particular, the manual states: “Medical … transports are to be respected and protected at all times and not be made the object of attack.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-4, § 34.
Canada’s Code of Conduct (2001) states:
Opposing forces transports for the wounded and sick, or of medical equipment, shall be respected as soon as they are identified as such and protected in the same manner as mobile medical units … As a general rule medical transports should not have any weapons “mounted” on them to avoid being mistaken for fighting vehicles. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 10, §§ 5–6.
Canada’s LOAC Manual (2001) states in its chapter on targeting:
1. Medical transports of all types (land, sea and air) are protected and must not be attacked.
2. Medical transports should not be armed (i.e., crew-served weapons) because of the danger that they may be mistaken as fighting vehicles. Medical personnel in the medical transports can, however, retain their personal weapons. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 448.1–2.
In its chapter on the treatment of the wounded, sick and shipwrecked, the manual states:
918. Protection of medical establishments, transport, aircraft and hospital ships
1. Medical establishments on land, hospital ships, medical aircraft, and medical transports must be respected and protected at all times and must not be attacked. If they are used for purposes hostile to the adverse party and outside their humanitarian purpose, protection may cease. Protection will only cease, however, following a clear warning which has remained unheeded.
919. Medical units, establishments, and transport
1. Medical units and establishments, whether military or civilian, organized for medical purposes, may be fixed or mobile, permanent or temporary. Medical transports are any means of transportation, military or civilian, permanent or temporary, assigned exclusively to medical transportation and under control of a competent authority of a party to the conflict. The rights guaranteed by the Conventions apply equally to both temporary and permanent personnel, units and transports.
2. The material of mobile medical units falling into enemy hands must be reserved for the care of wounded and sick. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 918–919.
In its chapter entitled “Treatment of civilians in the hands of a party to the conflict or an occupying power”, the manual provides:
Convoys of vehicles or hospital trains on land, and specially provided vessels at sea, conveying wounded and sick civilians, must be protected and respected in the same way as civilian hospitals. Subject to the consent of the State they must bear the distinctive Red Cross or Red Crescent emblem provided for hospitals. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1112.1.
In its chapter on non-international armed conflicts, the manual states:
Medical units and transports are to be respected at all times and not be made the object of attack. This protection shall only cease if they commit hostile acts outside their humanitarian function. In such circumstances, a warning must be given, and protection only ceases if such warning remains unheeded. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1719.2.
Rule 10 of Canada’s Code of Conduct (2005) states:
5. Opposing forces transports for the wounded and sick, or of medical equipment, shall be respected as soon as they are identified as such and protected in the same manner as mobile medical units. If captured the wounded and sick in the transports will be properly cared for.
6. … As a general rule medical transports should not have any weapons “mounted” on them to avoid being mistaken for fighting vehicles. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 10, §§ 5–6.
Canada’s LOAC Manual (1999) states: “Medical aircraft, correctly identified and exclusively used as such, are immune from attack.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 7-5, § 43.
The manual further states:
41. Medical aircraft are free to fly over land physically controlled by their own or friendly forces, and over sea areas not under enemy control. It is advisable, however, that the adverse party be informed if such flights are likely to bring the aircraft within range of surface-to-air weapon systems of the adverse party.
42. Flight of medical aircraft over enemy or enemy-occupied territory is forbidden without prior agreement. In the absence of such agreement, medical aircraft operating in parts of the contact zone controlled by friendly forces, and over areas the control of which is doubtful, do so at their own risk. “Contact zone” means any area on land where the forward elements of opposing forces are in contact with each other, especially where they are exposed to direct fire from the ground.
43. Provided prior agreement has been obtained from the adverse party, medical aircraft belonging to a combatant remain protected while flying over land or sea areas under the physical control of the adverse party. If the aircraft lags or deviates for any reason from the terms of the agreement, the aircraft shall take immediate steps to identify itself. Upon being recognized as a medical aircraft, the adverse party may order it to land, or take such other steps to safeguard its own interests, but must allow time for compliance before attacking the aircraft.
44. Medical aircraft must not be used in order to gain any military advantage. While carrying out flights, medical aircraft shall not, without prior agreement, be used to search for the wounded, sick and shipwrecked. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-4, §§ 41–44 and p. 11-3, § 22.
The manual qualifies “attacking a properly marked … medical aircraft” as a war crime. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 16-4, § 21(e).
Canada’s LOAC Manual (2001) states in its chapter on air warfare:
1. Medical aircraft, correctly identified and exclusively used as such, are immune from attack.
2. The parties to a conflict may, by agreement, confer immunity from attack upon specific aircraft. Such aircraft remain protected so long as they take no part in hostilities and rigorously respect the conditions laid down in the agreement. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 715.
In its chapter on the treatment of the wounded, sick and shipwrecked, the manual states:
918. Protection of medical establishments, transport, aircraft and hospital ships
1. Medical establishments on land, hospital ships, medical aircraft, and medical transports must be respected and protected at all times and must not be attacked. If they are used for purposes hostile to the adverse party and outside their humanitarian purpose, protection may cease. Protection will only cease, however, following a clear warning which has remained unheeded.
921. Medical aircraft
1. Medical aircraft are free to fly over land physically controlled by their own or friendly forces, and over sea areas not under enemy control. It is advisable; however, that the adverse party be informed if such flights are likely to bring the aircraft within range of surface-to-air weapon systems of the adverse party.
2. Flight of medical aircraft over enemy or enemy-occupied territory is forbidden without prior agreement. In the absence of agreement, medical aircraft operating in parts of the contact zone controlled by friendly forces, and over areas the control of which is doubtful, do so at their own risk. “Contact zone” means any area on land where the forward elements of opposing forces are in contact with each other, especially where they are exposed to direct fire from the ground.
3. Provided prior agreement has been obtained from the adverse party, medical aircraft belonging to a combatant remain protected while flying over land or sea areas under the physical control of the adverse party. If the aircraft lags or deviates for any reason from the terms of the agreement, the aircraft shall take immediate steps to identify itself. Upon being recognized as a medical aircraft the adverse party may order it to land, or take such other steps to safeguard its own interests, but must allow time for compliance before attacking the aircraft.
4. Medical aircraft must not be used in order to gain any military advantage. While carrying out flights medical aircraft shall not, without prior agreement, be used to search for the wounded, sick and shipwrecked.
5. If a medical aircraft is ordered by an adverse party to land, it must obey such order and permit inspection. Wounded and sick on board may only be removed if this is essential to enable the inspection to proceed, and only if such removal does not adversely affect their welfare. If the inspection of a landed aircraft, discloses that the aircraft is in fact a medical aircraft, and is not in breach of any special agreement or in violation of the law relating to medical aircraft, the aircraft and its occupants belonging to the aircraft’s state or a neutral country must be allowed to leave.
6. If the aircraft does not satisfy these requirements it may be seized. If, however, the aircraft has been assigned as a permanent medical aircraft, it may be used by the captor only for this purpose. If the aircraft makes an involuntary landing in enemy or enemy-occupied territory, the sick, wounded and shipwrecked as well as the crew become PWs [prisoners of war] but the medical personnel must be treated in the same way as other medical personnel falling into enemy hands.
7. Medical aircraft shall not fly over neutral territory without prior approval. If a medical aircraft should fly over neutral territory without agreement for any reason, it must make every effort to give notice and identify itself. The medical aircraft must obey any order to land and it cannot be attacked until a reasonable time for compliance has elapsed. When the aircraft lands, it is liable to inspection and if found to be a medical aircraft may leave with its occupants, other than those who must be detained in accordance with International Law. If the wounded, sick or shipwrecked are removed for other than temporary reasons, they must be detained in a manner that precludes their taking any further part in the hostilities. Any restrictions applied by a neutral must be applied to all Parties to the conflict equally. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 918 and 921.
In its chapter entitled “Treatment of civilians in the hands of a party to the conflict or an occupying power”, the manual states:
Aircraft used exclusively for the removal of wounded and sick civilians, or for the transport of medical personnel and equipment must not be attacked when flying at heights, times and on routes specifically agreed upon between all the belligerents concerned. Such aircraft may be marked with the Red Cross or Red Crescent distinctive emblem. In the absence of agreement to the contrary, flights over enemy or enemy-occupied territory are prohibited. Such aircraft must obey every summons to land, but, after landing and examination, may continue their flight. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1112.2.
In its chapter on “War crimes, individual criminal liability and command responsibility”, the manual qualifies “attacking a properly marked … medical aircraft” as a war crime. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1609.3.e.
Canada’s LOAC Manual (1999) states: “Medical transports of all types (land, sea, air) are protected and must not be attacked.”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-9, §§ 92; see also p. 9-4, §§ 35–36.
The manual qualifies “attacking a properly marked hospital ship” as a war crime. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 16-4, § 21(e).
Canada’s LOAC Manual (2001) states in its chapter on targeting:
1. Medical transports of all types (land, sea and air) are protected and must not be attacked.
2. Medical transports should not be armed (i.e., crew-served weapons) because of the danger that they may be mistaken as fighting vehicles. Medical personnel in the medical transports can, however, retain their personal weapons. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 448.1–2.
In its chapter on the treatment of the wounded, sick and shipwrecked, the manual states:
918. Protection of medical establishments, transport, aircraft and hospital ships
1. Medical establishments on land, hospital ships, medical aircraft, and medical transports must be respected and protected at all times and must not be attacked. If they are used for purposes hostile to the adverse party and outside their humanitarian purpose, protection may cease. Protection will only cease, however, following a clear warning which has remained unheeded.
920. Sick bays and hospital ships
1. The sick bay on a warship must, in case of combat on board, be respected and protected as far as this is possible. A captor may, however, use the sick bay for other purposes if this is militarily necessary, provided proper care is taken of the wounded and sick.
2. Hospital ships and other craft employed on medical duties are subject to control and search. They may be required to follow a particular course and their radios and other means of communication may be controlled. The medical services may be controlled or even rejected. Depending on the circumstances, they may be detained for up to seven days. Neutral observers may also be put on board to ensure that the provisions of the Convention are strictly obeyed.
3. Hospital ships found in a port at the time of its occupation by an adverse party must be allowed to leave. Hospital ships do not rank as warships with regard to their stay in neutral ports. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 918 and 920.
In its chapter entitled “Treatment of civilians in the hands of a party to the conflict or an occupying power”, the manual provides:
Convoys of vehicles or hospital trains on land, and specially provided vessels at sea, conveying wounded and sick civilians, must be protected and respected in the same way as civilian hospitals. Subject to the consent of the State they must bear the distinctive Red Cross or Red Crescent emblem provided for hospitals. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1112.1.
In its chapter on “War crimes, individual criminal liability and command responsibility”, the manual qualifies “attacking a properly marked hospital ship or medical aircraft” as a war crime. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1609.3.e.
In its chapter on non-international armed conflicts, the manual states:
Medical units and transports are to be respected at all times and not be made the object of attack. This protection shall only cease if they commit hostile acts outside their humanitarian function. In such circumstances, a warning must be given, and protection only ceases if such warning remains unheeded. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1719.2.
In its glossary, the manual defines hospital ships as:
a. vessels built or equipped by a party to the conflict specially and solely with a view to assisting either military and/or civilian wounded, sick or shipwrecked;
b. vessels of the same nature used by national Red Cross or Red Crescent societies, officially recognized relief societies or by private persons, provided that the party to the conflict on which they depend has given them an official commission; and
c. vessels of the same nature used by neutral states, their national Red Cross or Red Crescent societies, officially recognized relief societies, private persons of neutral states or impartial international humanitarian organizations, provided that they have placed themselves under the control of one of the parties to the conflict with the authorization of that party and with the previous consent of their own government. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, Glossary, p. GL-7.