القاعدة ذات الصلة
Canada
Practice Relating to Rule 8. Definition of Military Objectives
Canada’s LOAC Manual (1999) states:
“Military objectives” are objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offer a definite military advantage. A specific area of land may constitute a military objective.
Canada The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-1, § 8; see also Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 1, § 4.
Canada’s LOAC Manual (2001) states in its chapter on targeting:
406. Definition of legitimate targets
1. “Legitimate targets” include combatants, unlawful combatants and military objectives.
2. “Military objectives” are objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offer a definite military advantage. A specific area of land may constitute a military objective.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 406.
Canada’s Code of Conduct (2005) states:
Military objectives are those objects which make an effective contribution to military action due to their nature, location, purpose or use. Secondly, to be a military objective, the destruction or neutralization of the same must offer a definite military advantage to your operation. Thus, the characteristics of a military objective will vary depending on the type of operation and the mission assigned to the CF [Canadian Forces]. For example a bridge or a military barracks may well be a military objective in an armed conflict yet are unlikely to be so during a peace support operation.
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 1, § 4.
Canada’s Use of Force Manual (2008), in a section entitled “Principles and rules governing the use of force that directly relates to the conduct of armed conflict”, states:
In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.
Canada, Use of Force for CF Operations, Canadian Forces Joint Publication, Chief of the Defence Staff, B-GJ-005-501/FP-001, August 2008, § 112.1.b; see also Glossary, p. GL-3.
Upon ratification of the 1977 Additional Protocol I, Canada stated:
It is the understanding of the Government of Canada in relation to sub-paragraph 5 (b) of Article 51, paragraph 2 of Article 52, and clause 2 (a) (iii) of Article 57 [of the Protocol] that the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack considered as a whole and not from isolated or particular parts of the attack.
Canada, Reservations and statements of understanding made upon ratification of the 1977 Additional Protocol I, 20 November 1990, § 10.
Canada’s LOAC Manual (1999) considers that combatants, airborne troops and unlawful combatants are “legitimate targets”.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-1, § 7 and p. 4-2, §§ 12–14.
Canada’s LOAC Manual (2001) states in its chapter on targeting:
406. Definition of legitimate targets
1. “Legitimate targets” include combatants, unlawful combatants and military objectives.
…
408. Combatants
1. Combatants are legitimate targets and may be attacked unless they have been captured, surrendered, expressed a clear intention to surrender, or are hors de combat (i.e., out of combat), provided they refrain from hostile acts and do not attempt to escape …
409. Airborne troops
1. Airborne troops are combatants and therefore legitimate targets. They may be attacked during their descent by parachute from aircraft.
410. Unlawful combatants
1. Unlawful combatants are legitimate targets for such time as they take a direct part in hostilities. Unlawful combatants include:
a. civilians (except those who are lawful combatants because they are participating in levée en masse);
b. mercenaries; and
c. spies.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 406.1 and 408–410.1.
Canada’s LOAC Manual (1999) considers that “military bases, warehouses, … ; and … buildings and objects that provide administrative and logistical support for military operations” are “generally accepted as being military objectives”.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-2, § 9.
Canada’s LOAC Manual (2001) states in its chapter on targeting:
1. The following are generally accepted as being military objectives:
a. military bases, warehouses, petroleum storage areas, ports and airfields; and
b. military aircraft, weapons, ammunition, buildings and objects that provide administrative and logistical support for military operations.
2. Civilian vessels, aircraft, vehicles and buildings are military objectives if they contain combatants, military equipment or supplies.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 407.1-2.
Canada’s LOAC Manual (1999) considers that “military aircraft, weapons [and] ammunition” are “generally accepted as being military objectives”.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-2, § 9(b); see also p. 8-7, § 47 (enemy warships and military aircraft).
Canada’s LOAC Manual (2001) states in its chapter on targeting: “The following are generally accepted as being military objectives: … military aircraft, weapons, ammunition”.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 407.1.b.
In its chapter on naval warfare, the manual states:
Enemy warships, military aircraft, auxiliary vessels, and auxiliary aircraft … are legitimate targets and may be attacked. Such vessels and aircraft may not be attacked if they are protected under paragraph 41 [of the San Remo Manual on International Law Applicable to Armed Conflicts at Sea, which states that: ‘Attacks shall be limited strictly to military objectives’]”.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 833.
Canada’s LOAC Manual (1999) considers that “military bases, … ports and airfields; and … military aircraft” are “generally accepted as being military objectives”.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-2, § 9(a).
The manual adds that “transportation systems for military supplies; … transportation centres where lines of communication converge; [and] railyards” “depending on the circumstances, may constitute military objectives”.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-2, § 11(a), (b) and (c).
Canada’s LOAC Manual (2001) states in its chapter on targeting:
1. The following are generally accepted as being military objectives:
a. military bases, … ports and airfields; and
b. military aircraft …
2. Civilian vessels, aircraft, vehicles and buildings are military objectives if they contain combatants, military equipment or supplies.
3. The following objects, depending on the circumstances, may constitute military objectives:
a. transportation systems for military supplies;
b. transportation centres where lines of communication converge;
c. rail yards.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 407.1–3(a–c).
Canada’s LOAC Manual (1999) considers that “military bases, warehouses, petroleum storage areas” are “generally accepted as being military objectives”.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-2, § 9(a).
The manual adds that “industrial installations producing material for armed forces; … conventional power plants; and … fuel dumps” “depending on the circumstances, may constitute military objectives”.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-2, § 11(d), (e) and (f).
Canada’s LOAC Manual (2001) states in its chapter on targeting:
1. The following are generally accepted as being military objectives:
a. military bases, warehouses, petroleum storage areas, ports and airfields;
…
3. The following objects, depending on the circumstances, may constitute military objectives:
…
d. industrial installations producing material for armed forces;
e. conventional power plants; and
f. fuel dumps.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 407.1.a and 3.d–f.
According to Canada’s LOAC Manual (1999), a “specific area of land may constitute a military objective”.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-1, § 8.
Canada’s LOAC Manual (2001) states in its chapter on targeting: “A specific area of land may constitute a military objective.”
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 406.2.
At the CDDH, Canada stated:
A specific area of land may also be a military objective if, because of its location or other reasons specified in Article 47 [now Article 52 of the 1977 Additional Protocol I], its total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.
Canada, Statement at the CDDH, Official Records, Vol. VI, CDDH/SR.41, 26 May 1977, p. 179.
Upon ratification of the 1977 Additional Protocol I, Canada stated:
It is the understanding of the Government of Canada in relation to Article 52 that: a. a specific area of land may be a military objective if, because of its location or other reasons specified in the Article as to what constitutes a military objective, its total or partial destruction, capture or neutralization in the circumstances governing at the time offers a definite military advantage.
Canada, Statements of understanding made upon ratification of the 1977 Additional Protocol I, 20 November 1990, § 8(a).
Canada’s LOAC Manual (1999) states:
For targeting purposes, the presence of civilians who are authorized to accompany the armed forces without actually being members thereof (such as crews of military aircraft, war correspondents, supply contractors or members of services responsible for the welfare of the armed forces) does not render a legitimate target immune from attack. Such persons run the risk of being attacked as part of a legitimate target.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-4, § 34.
Canada’s LOAC Manual (2001) states in its chapter on targeting:
For targeting purposes, the presence of civilians who are authorized to accompany the armed forces without actually being members thereof (such as crews of military aircraft, war correspondents, supply contractors or members of services responsible for the welfare of the armed forces) does not render a legitimate target immune from attack. Such persons run the risk of being attacked as part of a legitimate target.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 425.
