Règle correspondante
Canada
Practice Relating to Rule 27. Religious Personnel
Canada’s LOAC Manual (1999) states: “Religious personnel, both military and civilian, have protected status and thus shall not be attacked.”
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-5, § 41; see also p. 9-3, § 28.
With respect to non-international armed conflict in particular, the manual states: “Religious personnel are to be respected and protected at all times [and] receive all available aid to enable them to fulfil their duties”.
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 LOAC Manual (2001) states in its chapter entitled “Combatant Status”: “Chaplains of the armed forces are non-combatants. They may not be attacked. If captured, they will be returned to their armed forces unless they are retained by the Detaining Power to assist PWs [prisoners of war].”
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 310.
In its chapter on targeting, the manual provides:
Medical and religious personnel, both military and civilian, have protected status and thus shall not be attacked. These persons wear the Red Cross or Red Crescent … and carry identity cards which identify them as protected persons.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 432.
In its chapter on the treatment of the wounded, sick and shipwrecked, the manual also states:
“Religious personnel” have the same protections as medical personnel. They are non-combatants. In all cases, the provisions relating to distinctive emblems, such as ID cards and status upon capture for medical personnel applies equally to religious personnel.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 914.2.
In its chapter on non-international armed conflicts, the manual states: “Medical and religious personnel are to be respected and protected at all times [and to] receive all available aid to enable them to fulfil their duties.”
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 “chaplain” as “a minister who is a member of the armed forces and who is exclusively engaged in the work of the ministry”.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, Glossary, p. GL-3.
“Religious personnel” is defined as follows:
Religious personnel mean military or civilian persons, such as chaplains, who are exclusively engaged in the work of their ministry and attached to:
a. the armed forces of a party to the conflict;
b. medical units or medical transports of a party to the conflict;
c. medical units or medical transports made available to a party to the conflict by:
(1) a neutral or other state which is not a party to that conflict;
(2) a recognized and authorized aid society of such a state; or
(3) an impartial international humanitarian organization; or
d. civil defence organizations of a party to the conflict.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, Glossary, p. GL-16.
