Règle correspondante
Canada
Practice Relating to Rule 53. Starvation as a Method of Warfare
Canada’s LOAC Manual (1999) states: “Starvation of civilians as a method of warfare is prohibited.”
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 6-4, § 41 (land warfare) and p. 7-3, § 25 (air warfare).
The manual also provides that “starvation of civilians as a method of combat is forbidden” in non-international armed conflicts.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-5, § 38.
Canada’s LOAC Manual (2001) states in its chapter on land warfare:
Starvation of civilians as a method of warfare is prohibited. Therefore, it is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population whatever the motive.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 618.
In its chapter on non-international armed conflicts, the manual states: “Starvation of civilians as a method of combat is forbidden.”
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1721.
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.
Canada’s LOAC Manual (1999), in a section on siege warfare, stresses:
If circumstances permit, … the parties should … permit passage to these [besieged] areas of … essential foodstuffs, clothing, and tonics intended for children under the age of 15, expectant mothers, and maternity cases.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 6-4, § 35(e).
Canada’s LOAC Manual (2001) states in its chapter on land warfare:
If circumstances permit, the parties to a conflict must endeavour to conclude local agreements for the removal from besieged areas of wounded, sick, infirm, and aged persons, children and maternity cases.
The parties should also permit passage to these areas of:
…
e. essential foodstuffs, clothing, and tonics intended for children under the age of 15, expectant mothers, and maternity cases.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 614.6.e.
Canada’s LOAC Manual (1999) provides:
The declaration or establishment of a blockade is prohibited if:
a. it has the sole purpose of starving the civilian population or denying it other objects essential for its survival;
…
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.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 8-9, §§ 67 and 68.
Canada’s LOAC Manual (2001) states in its chapter on naval warfare:
850. Circumstances in which a blockade is prohibited
1. The declaration or establishment of a blockade is prohibited if:
a. it has the sole purpose of starving the civilian population or denying it other objects essential for its survival; or
b. the damage to the civilian population is, or may be expected to be, excessive in relation to the concrete and direct military advantage anticipated from the blockade.
851. Food and other objects essential to the survival of the civilian population
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.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 850 and 851.1.
In its glossary, the manual defines “blockade” as “the surrounding or blocking of a place such as a port to prevent entry and exit of supplies”.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, Glossary, p. GL-2.
