Règle correspondante
Canada
Practice Relating to Rule 146. Reprisals against Protected Persons
Section A. Captured combatants and prisoners of war
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.
