القاعدة ذات الصلة
Canada
Practice Relating to Rule 55. Access for Humanitarian Relief to Civilians in Need
Canada’s LOAC Manual (1999) states, in case of siege warfare: “The parties to a conflict are obliged to facilitate rapid and unimpeded passage of all relief consignments, equipment and personnel.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 6-4, § 36.
The manual also provides:
Belligerents must allow the free passage of all consignments of medical and hospital stores and articles necessary for religious worship intended for civilians, including those of an opposing belligerent. This includes all consignments of essential foodstuffs, clothing and tonics intended for children under 15, and expectant and nursing mothers. This obligation is subject to the condition that the belligerent concerned is satisfied that there are no serious grounds for fearing: that the consignments may be diverted from their destination, that control may not be effective, or that the consignments may be of definite advantage to the military effort or economy of the enemy by permitting him to substitute them for goods which he would otherwise have to provide or produce himself. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 11-3, § 23; see also p. 8-9, § 68 (obligation to allow free access to objects indispensable to the survival of the civilian population in case the population of a blockaded territory is inadequately supplied therewith).
According to the manual, the same obligation to allow free passage of relief consignments intended for civilians in occupied territories applies to the occupying power. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 12-4, § 32.
The manual also states:
Within the limits of military or security considerations, the belligerents must provide [the ICRC, the local National Red Cross (or equivalent) Society or any other organization that may assist protected persons] with all necessary facilities for giving assistance. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 11-4, § 31.
Canada’s LOAC Manual (2001) states in its chapter on land warfare, in the section on siege warfare: “The parties to a conflict are obliged to facilitate rapid and unimpeded passage of all relief consignments, equipment and personnel.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 614.7.
In its chapter on naval warfare, in a section on blockade, the manual states:
1. If the civilian population of the blockaded territory is inadequately provided with food and other objects essential for its survival, the blockading party must provide for free passage of such foodstuffs and other essential supplies, subject to:
a. the right to prescribe the technical arrangements, including search, under which such passage is permitted; and
b. the condition that the distribution of such supplies shall be made under the local supervision of a Protecting Power or a humanitarian organization which offers guarantees of impartiality, such as the International Committee of the Red Cross.
[2]. The blockading belligerent shall allow the passage of medical supplies for the civilian population or for the wounded and sick members of armed forces, subject to the right to prescribe technical arrangements, including search, under which such passage is permitted. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 851.
In its chapter entitled “Treatment of civilians in the hands of a party to the conflict or an occupying power”, the manual states:
1. Belligerents must allow the free passage of all consignments of medical and hospital stores and articles necessary for religious worship intended for civilians, including those of an opposing belligerent. This includes all consignments of essential foodstuffs, clothing and tonics intended for children under 15, and expectant and nursing mothers. This obligation is subject to the condition that the belligerent concerned is satisfied that there are no serious grounds for fearing: that the consignments may be diverted from their destination, that control may not be effective, or that the consignments may be of definite advantage to the military effort or economy of the enemy by permitting him to substitute them for goods which he would otherwise have to provide or produce himself.
2. Permission for the passage of the consignments may be made conditional on distribution taking place under the local supervision of the Protecting Power. Consignments must be forwarded as rapidly as possible, the belligerent who permits their passage being entitled to prescribe the technical arrangements for their transmission. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1113.1–2.
Canada’s Crimes against Humanity and War Crimes Act (2000) provides that the crimes against humanity defined in Article 7 of the 1998 ICC Statute are “crimes according to customary international law” and, as such, indictable offences under the Act. 
Canada, Crimes against Humanity and War Crimes Act, 2000, Section 4(1) and (4).
In 2011, in the XXXX case, the Immigration Division of Canada’s Immigration and Refugee Board declared Mr. XXXX inadmissible to Canada on grounds of, inter alia, complicity in crimes against humanity. The Division stated:
158. The credible evidence on the history of the former Ethiopia shows that between the start of the 1960s and the fall of the Lt.-Col. Mengistu’s regime in February 1992 various rebel groups and national liberations fronts engaged in wars of liberation with the Ethiopian government based in Addis Ababa. That war lasted thirty years and cost the lives of an untold number of victims. One of the leading rebel groups / liberation fronts was the EPLF [Eritrean People’s Liberation Front]…
166. Although Counsel argues that Mr. XXXX did not participate in military action and held … a civilian administrative position, Mr. XXXX’ testimony indicates that his duties involved activities that were directly related to ensuring the functioning of the military forces of the EPLF to pursue military actions and attacks. Some of those attacks resulted in the perpetration of crimes against humanity and war crimes[,] such as the attacks on trucks carrying famine relief. …
196. I find that the attacks on the truck convoy on October 23, 1987 resulted in the destruction by the EPLF fighter[s] of food supplies totaling 450 tons of wheat capable of feeding 45,000 people for a month. I find that these acts meet the definition of crimes against humanity in that the destruction of food and the means to deliver that food to victims of famine is an inhumane act by withholding food[,] the most basic necessity for life.
197. In addition, Africa Watch in an article dated April 30, 1991 appearing in The Times accused the EPLF of using hunger as a weapon when the EPLF refused to allow safe passage of relief services from the city of Assab … The acts, which are offences under the Crimes Against Humanity and War Crimes Act, were perpetrated in a widespread and systematic fashion against a civilian population.
198. … I find that the withholding of food by the destruction of famine relief supplies, deportation and expulsion are inhumane acts as set out in the definition for “crimes against humanity” under the Crimes Against Humanity and War Crimes Act. 
Canada, Immigration and Refugee Board of Canada, XXXX case, Reasons and Decision, 17 January 2011, §§ 158, 166 and 196–198.
In 2013, in the Sapkota case, Canada’s Federal Court dismissed a request for review of a decision denying refugee protection to the applicant on grounds of complicity in crimes against humanity in Nepal between 1991 and 2009. While reviewing the submissions of the respondent, Canada’s Minister of Citizenship and Immigration, the Court stated: “The Respondent notes that the Rome Statute of the International Criminal Court … is endorsed in Canada as a source of customary law.” 
Canada, Federal Court, Sapkota case, Reasons for Judgment and Judgment, 15 July 2013, § 28.
In a report to Parliament in 2007 on Canada’s mission in Afghanistan, the Government of Canada stated: “In partnership with Afghan officials and the United Nations, Canadian Forces have … provided the security and stability essential for delivering humanitarian assistance to people in need, such as the distribution of food.” 
Canada, Canada’s Mission in Afghanistan: Measuring Progress, Report to Parliament, Government of Canada, 26 February 2007, p. 7.
In 2011, in a statement before the UN Human Rights Council on the situation in Libya, Canada’s Minister of Foreign Affairs stated:
We are … concerned by the looming humanitarian disaster in Libya. The [United Nations] Security Council has demanded that the Libyan regime allow the safe passage of humanitarian and medical supplies. Canada stands ready to provide assistance to the Libyan people. 
Canada, Address by the Minister of Foreign Affairs before the UN Human Rights Council, 28 February 2011.
In 2011, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, the deputy permanent representative of Canada stated:
Mr. President, humanitarian access is also an important component of a protection strategy. Humanitarian actors require full, safe and unhindered humanitarian access to populations in need of assistance. The access challenges facing humanitarian workers in Libya highlight the challenges that remain. Canada calls on the Council to continue efforts to systematically monitor and analyse constraints on humanitarian access. 
Canada, Statement by the deputy permanent representative of Canada before the UN Security Council during an open debate on the protection of civilians in armed conflict, 10 May 2011.
In 2013, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, the deputy permanent representative of Canada stated:
The conflict in Syria continues to take a terrible toll on the civilian population. … There are now four million people who require humanitarian assistance and half of these are children. …
Humanitarian organizations, such as the International Committee of the Red Cross, the United Nations Agencies and many local Syrian organizations are making heroic efforts to meet the urgent lifesaving needs of those affected by the violence. Their efforts are to be commended. However, these efforts continue to be obstructed by the regime. Canada, along with the international community, calls on those in position of power in Syria to immediately ensure full, safe and unhindered access to all communities in Syria so humanitarian actors can do their life-saving work. This includes expediting administrative, visa, travel and custom procedures in order to facilitate the rapid and unimpeded delivery of humanitarian aid. 
Canada, Statement by the deputy permanent representative of Canada before the UN Security Council during an open debate on the protection of civilians in armed conflict, 12 February 2013.
In 2013, Canada’s Department of Foreign Affairs, Trade and Development issued a press release entitled “Canada Outlines Humanitarian Assistance in Response to Syrian Crisis”, which stated: “Canada continues to call on all parties to the conflict to guarantee humanitarian access and allow for the safe delivery of emergency relief to those who need help the most.” 
Canada, Department of Foreign Affairs, Trade and Development, “Canada Outlines Humanitarian Assistance in Response to Syrian Crisis”, Press Release, 28 August 2013.
In 2013, during a meeting of the Friends of the Syrian People, Canada’s Minister of Foreign Affairs stated: “Canada remains deeply concerned about the escalating humanitarian crisis in Syria. We continue to call on all parties to the conflict to provide full, safe, and unhindered access for humanitarian actors.” 
Canada, Remarks by the Minister of Foreign Affairs at the meeting of the Friends of the Syrian People, 26 September 2013.
In 2013, Canada’s Department of Foreign Affairs, Trade and Development issued a press release entitled “Canada outlines humanitarian assistance in response to Syrian crisis”, which stated:
The escalating conflict in Syria continues to have devastating humanitarian consequences in Syria and surrounding countries. …
“The Syrian people have been subject to appalling levels of violence and brutality and we continue to call on all parties to the conflict to provide unhindered humanitarian access and allow for the safe delivery of emergency relief to those in need,” added Minister Paradis. 
Canada, Department of Foreign Affairs, Trade and Development, “Canada outlines humanitarian assistance in response to Syrian crisis”, Press Release, 10 October 2013.
In 2013, Canada’s Department of Foreign Affairs, Trade and Development issued a press release entitled “Statement from Minister Paradis: Canada Stands with International Red Cross and Red Crescent Movement as they Call for Safe Passage for Humanitarian Workers”, which stated:
The situation in Syria has steadily deteriorated over the past year, bringing dire consequences for the people and communities of that country. Canada has repeatedly called on all parties to take immediate steps to facilitate the expansion of humanitarian relief operations and lift impediments. 
Canada, Department of Foreign Affairs, Trade and Development, “Statement from Minister Paradis: Canada Stands with International Red Cross and Red Crescent Movement as they Call for Safe Passage for Humanitarian Workers”, Press Release, 1 November 2013.
In 2013, Canada’s Department of Foreign Affairs, Trade and Development issued a press release entitled “[Foreign Affairs Minister] Baird Condemns Air Strikes on Syrian Civilians”, which stated: “Foreign Affairs Minister John Baird today issued the following statement: ‘ … Canada calls on all parties to adhere to international human rights obligations and to provide full and unhindered humanitarian access and emergency relief to those in need’.” 
Canada, Department of Foreign Affairs, Trade and Development, “[Foreign Affairs Minister] Baird Condemns Air Strikes on Syrian Civilians”, Press Release, 24 December 2013.
Canada’s Crimes against Humanity and War Crimes Act (2000) provides that the war crimes defined in Article 8(2) of the 1998 ICC Statute are “crimes according to customary international law” and, as such, indictable offences under the Act. 
Canada, Crimes against Humanity and War Crimes Act, 2000, Section 4(1) and (4).
In 2013, in the Sapkota case, Canada’s Federal Court dismissed a request for review of a decision denying refugee protection to the applicant on grounds of complicity in crimes against humanity in Nepal between 1991 and 2009. While reviewing the submissions of the respondent, Canada’s Minister of Citizenship and Immigration, the Court stated: “The Respondent notes that the Rome Statute of the International Criminal Court … is endorsed in Canada as a source of customary law.” 
Canada, Federal Court, Sapkota case, Reasons for Judgment and Judgment, 15 July 2013, § 28.
In 2005, in a statement before the UN Commission on Human Rights on the human rights situation in Sudan, made on behalf of Canada, Australia and New Zealand, the representative of Canada stated:
While the Government of Sudan is responsible for the lack of protection afforded to civilians and for many of the serious violations of human rights and international humanitarian law amounting to crimes … rebel groups and armed militias share the responsibility for such egregious crimes as well. … Armed groups are also carrying out attacks against humanitarian workers, impeding their ability to help an increasingly vulnerable population. Sadly, unimpeded humanitarian access in Darfur is still not fully realised.
We call on the Government of Sudan to acknowledge these violations of human rights and international humanitarian law, and for it and all parties to the conflict in Darfur to take the necessary measures to halt the atrocities being committed against the civilian population and to respect their international legal obligations. Furthermore, armed militias and rebel groups must immediately cease all actions that impede the delivery of humanitarian aid. 
Canada, Statement by the representative of Canada before the UN Commission on Human Rights on the human rights situation in Sudan, made on behalf of Canada, Australia and New Zealand, 2005, p. 1.
In 2012, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, the permanent representative of Canada stated that “the denial of humanitarian access [is] of great concern … In too many contexts, humanitarian access is politicized and constrained. Civilians in need of assistance are held hostage to the whims of governments and of non-state armed groups.” 
Canada, Statement by the permanent representative of Canada before the UN Security Council during an open debate on the protection of civilians in armed conflict, 25 June 2012.
In 2013, in a statement before the UN Security Council during an open debate on the protection of civilians in armed conflict, the permanent representative of Canada stated:
The brutal conflict in Syria represents a stark example of how much work remains to be achieved to better protect civilians who are routinely victims of deliberate and targeted attacks, as are hospitals, medical facilities and health care workers. The result is that people in desperate need are denied lifesaving humanitarian assistance. … We call on the Security Council … to issue a resolution allowing for the cross-border delivery of humanitarian assistance.
While the crisis in Syria is perhaps the most prominent example of current challenges to the protection of civilians, it is far from unique. …
In too many instances, humanitarian access is politicized and deliberately constrained. Civilians in need of assistance are held hostage to the whims of governments and of non-state armed groups trying to achieve their own political gains. 
Canada, Statement by the permanent representative of Canada before the UN Security Council during an open debate on the protection of civilians in armed conflict, 19 August 2013, p. 2.
Canada’s LOAC Manual (1999) provides: “Every opportunity must be given to protected persons to apply to the Protecting Powers, the ICRC, the local National Red Cross (or equivalent) society or any other organization that may assist them”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 11-4, § 31.
Canada’s LOAC Manual (2001), in its chapter entitled “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:
Every opportunity must be given to protected persons to apply to the Protecting Powers, the ICRC, the local National Red Cross (or equivalent) society or any other organization that may assist them. Within the limits of military or security considerations, the belligerent must provide these organizations with all necessary facilities for given assistance. Belligerents must facilitate as much as possible visits to protected persons not only by delegates of the Protecting Powers and of the ICRC but also by representatives of other organizations ministering to their spiritual or material need. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1120.
In the same chapter, in a section entitled “Aliens in the territory of a party to the conflict”, the manual states:
Subject to security requirements protected persons who remain in the territory of the belligerent must, in general, be treated in accordance with the rules governing the treatment of aliens in time of peace. In particular, they must be allowed to receive any individual or collective relief that may be sent to them. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1123.