Règle correspondante
Canada
Practice Relating to Rule 53. Starvation as a Method of Warfare
Section C. Blockades and embargoes that cause starvation
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.
