Related Rule
Canada
Practice Relating to Rule 139. Respect for International Humanitarian Law
Canada’s LOAC Manual (1999) states:
The means for securing observance [of the law of armed conflict] depends upon the actions of the States which are bound by particular treaties in accordance with the terms of those treaties, or on their obligation to give effect to the requirements of customary international law. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 15-1, § 2.
Canada’s Code of Conduct (2001) instructs soldiers: “You must obey the Law of Armed Conflict.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Introduction, § 14.
The Code of Conduct specifies that: “It is CF [Canadian Force] policy to respect and abide by the Law of Armed Conflict in all circumstances.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 11, § 1.
The Code of Conduct also states: “All CF personnel, allied and coalition personnel and opposing forces are required to abide by the Law of Armed Conflict and the basic principles these rules represent.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 11, § 2.
The Code of Conduct further states:
It might appear that a momentary advantage may be gained from a breach of the Law of Armed Conflict or the Code of Conduct. However, experience has shown that even a momentary lapse in your duty may dishonour your country and also adversely affect the accomplishment of the overall mission. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 11, § 7.
The Code of Conduct adds:
The obligation to obey these rules and the Law of Armed Conflict is a requirement under Canadian military law which includes the Criminal Code of Canada. Breaches of the Law of Armed Conflict or these rules by CF personnel will be dealt with regardless of which side is successful. Canada is committed to see that its forces conduct their operations in compliance with the Law of Armed Conflict. The Code of Service Discipline applies to CF members worldwide. As a result, your conduct must always be governed by the principles of Canadian law and society incorporated in the Code of Conduct. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 11, § 8.
Canada’s LOAC Manual (2001) states:
The obligations binding on Canada in accordance with Customary International Law and Treaties to which Canada is a party are binding not only upon the Government and the CF [Canadian Forces] but also upon every individual. Members of the CF are obliged to comply and ensure compliance with all International Treaties and Customary International Law binding on Canada. This manual assists CF members in meeting those obligations. 
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 means for securing observance [of the law of armed conflict] depends upon the actions of the States, which are bound by particular treaties in accordance with the terms of those treaties, or on their obligation to give effect to the requirements of customary international law. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1502.1.
Canada’s Code of Conduct (2005) instructs members of the Canadian Forces (CF):
You must obey the Law of Armed Conflict. Failure to do so is contrary to the direction of your government; can adversely affect the successful completion of your military mission; dishonours you and your country; and ultimately can leave you or your subordinates open to prosecution. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Introduction, § 14.
Rule 11 of the Code of Conduct (2005) states:
1. It is CF policy to respect and abide by the Law of Armed Conflict in all circumstances …
2. All CF personnel, allied and coalition personnel and opposing forces are required to abide by the Law of Armed Conflict and the basic principles these rules represent …
7. It might appear that a momentary advantage may be gained from a breach of the Law of Armed Conflict or the Code of Conduct. However, experience has shown that even a momentary lapse in your duty may dishonour your country and also adversely affect the accomplishment of the overall mission.
8. The obligation to obey these rules and the Law of Armed Conflict is a requirement under Canadian military law which includes the Criminal Code of Canada. Breaches of the Law of Armed Conflict or these rules by CF personnel will be dealt with regardless of which side is successful. Canada is committed to see that its forces conduct their operations in compliance with the Law of Armed Conflict. The Code of Service Discipline applies to CF members world wide. As a result, your conduct must always be governed by the principles of Canadian law and society incorporated in the Code of Conduct. There is no exception to your obligation to follow Canadian law even when confronted with an opposing force which refuses to comply with the Law of Armed Conflict. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 11, §§ 1–2 and 7–8.
Canada’s Use of Force Manual (2008) states:
CHAPTER 1: THE USE OF FORCE AND LAW
SECTION I – GENERAL
101. INTRODUCTION
1. The Canadian Forces (CF) are an instrument of national policy and power. Therefore, deployment of the CF on operations and the use of force or actions which may be construed as provocative by the CF are controlled by, and subject to the authority and direction of the Canadian government. The Canadian government, military commanders and all members of the CF are subject to national and international laws. …
SECTION II - LEGAL FOUNDATIONS
102. REQUIREMENTS TO CONTROL THE USE OF FORCE
1. Canadian domestic law and international law are considered when authorizing, planning and conducting CF operations. The authority to conduct an operation will rest on either or both of these legal foundations. Related to but distinct from the legal basis for an operation, domestic and international law will also govern how force may lawfully be used in the conduct of an operation. Whether an operation is domestic or international or takes place in the context of an armed conflict or in other circumstances, the use of force during the operation must be controlled to protect people and property from unnecessary damage or injury. This control is found in international and domestic laws which define the situations in which force may be used and delineate the intensity and duration of the applied force.
2. As the interpretation of the law will affect the definition of the operation’s mission and its execution, commanders at all levels and their subordinates are responsible for the correct and comprehensive application of the law in planning and conducting an operation.
104. INTERNATIONAL LAW
2. International law is comprised of treaty law (based on treaties and conventions) as well as customary international law (based on state practice or custom). Certain treaties create bases for CF international operations (e.g., [the 1945] UN Charter), set out the rules governing the manner in which force may be used in the conduct of those operations (e.g., [the 1977] Additional Protocol I to the Geneva Conventions), and/or otherwise contain provisions affecting such use (e.g., a specific SOFA [Status of Forces Agreement] between Canada and another country authorizing CF to be present and use force under certain conditions in that country). In addition, customary international law provides a separate and distinct legal basis to conduct international operations and to use force (e.g., customary right of national self-defence and customary rules governing the conduct of armed conflicts). Like most rules of conduct, international law is in a continual state of development and change. As with any legal issue, an operational commander is not expected to be a legal expert, but is required to understand the principles in sufficient detail to ensure the following:
a. that international law is correctly applied in planning and conducting operations; and
b. that all members of the force understand their legal responsibilities with respect to the use of force, whether during an armed conflict or not.
105. OTHER LEGAL CONSIDERATIONS APPLICABLE TO OPERATIONS
1. Duty to Comply. Legal considerations will have a variety of applications in domestic and international operations. All members of the CF have a duty to comply with Canadian and international law. Legal considerations are not just a matter for the military legal staff, as the correct interpretation of these laws by all military operators will affect the definition of the operation’s mission and its execution at all levels.
2. Planning. In planning an operation, strategic, operational and tactical-level commanders must take into account legal considerations. …
3. Strategic Guidance and Direction. The strategic-level guidance provided to the commander and any direction on the use of force (such as ROE) authorized for the operation must be based upon legal considerations and requirements. There also must be a clear and coherent link between the approved political objectives, military objectives, the legal basis for the operation, the commander’s concept of operations, and the ROE which are authorized for the operation. Therefore, legal staff shall be involved in the planning process at all levels. 
Canada, Use of Force for CF Operations, Canadian Forces Joint Publication, Chief of the Defence Staff, B-GJ-005-501/FP-001, August 2008, §§ 101–102, 104.2 and 105.1–3.
In 2007, in a report on “Canadian Forces in Afghanistan”, the Standing Committee on National Defence of Canada’s House of Commons stated:
In Canadian Forces operational doctrine, the main CIMIC [civil-military cooperation] objectives are to:
a. Fulfill obligations imposed by Canadian law (e.g. NDA [National Defence Act] and Criminal Code) and international law (e.g. Law of Armed Conflict, International Human Rights Law), the four Geneva Conventions of 1949 and the two Additional Protocols of 1977, Treaties and such memoranda of understanding (MOU) and agreements, or technical arrangements reached between national authorities or parties. 
Canada, House of Commons, Report of the Standing Committee on National Defence, Canadian Forces in Afghanistan, 39th Parliament, 1st session, June 2007, p. 61.
In 2013, in a statement before the UN Security Council during an open debate on women, peace and security, the permanent representative of Canada stated: “Primary responsibility for the prevention of sexual violence in conflict lies with national governments as well as with the leadership of non-state armed groups.” 
Canada, Statement by the permanent representative of Canada during a UN Security Council open debate on women, peace and security, 24 June 2013, p. 1.
Canada’s LOAC Manual (1999) defines the rules of engagement as “orders issued by competent military authority which delineate the circumstances and limitations within which force may be applied by the CF [Canadian Forces] to achieve military objectives in furtherance of national policy”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, Glossary, p. GL-17.
Canada’s Code of Conduct (2001) provides:
The purpose of the Code … is to provide simple and understandable instructions to ensure that CF [Canadian Force] members apply as a minimum, the spirit and principles of the Law of Armed Conflict in all CF operations other than Canadian domestic operations. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Introduction, § 5.
Canada’s Code of Conduct (2005) explains:
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. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Introduction, §§ 4–5.
Canada’s Use of Force Manual (2008) states:
CHAPTER 1: THE USE OF FORCE AND LAW
SECTION I – GENERAL
101. INTRODUCTION
2. Rules of Engagement (ROE) are the command and control (C2) instrument by which the CDS [Chief of the Defence Staff] controls the application of force or actions which may be construed as provocative in CF [Canadian Forces] operations.
SECTION II - LEGAL FOUNDATIONS
102. REQUIREMENTS TO CONTROL THE USE OF FORCE
2. As the interpretation of the law will affect the definition of the operation’s mission and its execution, commanders at all levels and their subordinates are responsible for the correct and comprehensive application of the law in planning and conducting an operation.
104. INTERNATIONAL LAW
2. … As with any legal issue, an operational commander is not expected to be a legal expert, but is required to understand the principles in sufficient detail to ensure the following:
a. that international law is correctly applied in planning and conducting operations; and
b. that all members of the force understand their legal responsibilities with respect to the use of force, whether during an armed conflict or not.
105. OTHER LEGAL CONSIDERATIONS APPLICABLE TO OPERATIONS
3. Strategic Guidance and Direction. The strategic-level guidance provided to the commander and any direction on the use of force (such as ROE) authorized for the operation must be based upon legal considerations and requirements. There also must be a clear and coherent link between the approved political objectives, military objectives, the legal basis for the operation, the commander’s concept of operations, and the ROE which are authorized for the operation. Therefore, legal staff shall be involved in the planning process at all levels.
CHAPTER 2: CONTROLLING THE USE OF FORCE
SECTION III – RULES OF ENGAGEMENT
205. INTRODUCTION
1. ROE are an indispensable instrument of C2 for ordering and controlling the use of force or actions which might be construed as provocative during military operations. ROE are orders issued by military authority that define the circumstances, conditions, degree, manner, and limitations within which force, or actions which might be construed as provocative, may be applied to achieve military objectives in accordance with national policy and the law. …
2. The use of force, and in particular, the authority to use deadly force by Canadian forces to accomplish a mission receives detailed scrutiny and attention by the senior leadership of the CF. Every member of the CF who may be required to use force in self-defence or to accomplish a mission must have a reasonable level of knowledge and understanding of the ROE and supporting doctrine.
207. FACTORS INFLUENCING ROE
1. In order to control the use of military force, the Canadian government and military staffs will be guided by the following factors:
a. Legal Prescriptions. Any use of force must comply with Canadian domestic law and international law. International laws include:
(1) The Law of Armed Conflict. The body of international law that governs the conduct of hostilities during an armed conflict. 
Canada, Use of Force for CF Operations, Canadian Forces Joint Publication, Chief of the Defence Staff, B-GJ-005-501/FP-001, August 2008, §§ 101.2, 102.2, 104.2, 105.3, 205 and 207.1.a(1).