Règle correspondante
Canada
Practice Relating to Rule 8. Definition of Military Objectives
Section A. General
Canada’s LOAC Manual (1999) states:
“Military objectives” are objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offer a definite military advantage. A specific area of land may constitute a military objective.
Canada The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-1, § 8; see also Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 1, § 4.
Canada’s LOAC Manual (2001) states in its chapter on targeting:
406. Definition of legitimate targets
1. “Legitimate targets” include combatants, unlawful combatants and military objectives.
2. “Military objectives” are objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offer a definite military advantage. A specific area of land may constitute a military objective.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 406.
Canada’s Code of Conduct (2005) states:
Military objectives are those objects which make an effective contribution to military action due to their nature, location, purpose or use. Secondly, to be a military objective, the destruction or neutralization of the same must offer a definite military advantage to your operation. Thus, the characteristics of a military objective will vary depending on the type of operation and the mission assigned to the CF [Canadian Forces]. For example a bridge or a military barracks may well be a military objective in an armed conflict yet are unlikely to be so during a peace support operation.
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 1, § 4.
Canada’s Use of Force Manual (2008), in a section entitled “Principles and rules governing the use of force that directly relates to the conduct of armed conflict”, states:
In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.
Canada, Use of Force for CF Operations, Canadian Forces Joint Publication, Chief of the Defence Staff, B-GJ-005-501/FP-001, August 2008, § 112.1.b; see also Glossary, p. GL-3.
Upon ratification of the 1977 Additional Protocol I, Canada stated:
It is the understanding of the Government of Canada in relation to sub-paragraph 5 (b) of Article 51, paragraph 2 of Article 52, and clause 2 (a) (iii) of Article 57 [of the Protocol] that the military advantage anticipated from an attack is intended to refer to the advantage anticipated from the attack considered as a whole and not from isolated or particular parts of the attack.
Canada, Reservations and statements of understanding made upon ratification of the 1977 Additional Protocol I, 20 November 1990, § 10.
