Norma relacionada
Canada
Practice Relating to Rule 13. Area Bombardment
Canada’s LOAC Manual (1999) gives the following as an example of an indiscriminate attack and, as such, prohibited:
An attack by bombardment by any methods or means which treats as a single legitimate target a number of clearly separated and distinct legitimate targets located in a city, town, village or other area containing a similar concentration of civilians or civilian objects.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-3, §§ 22 and 23(a); see also p. 6-3, § 28 (land warfare) and pp. 8-5/8-6, § 38 (naval warfare).
Canada’s LOAC Manual (2001) states in its chapter on targeting:
1. Indiscriminate attacks are those that may strike legitimate targets and civilians or civilian objects without distinction. They are prohibited …
2. The following are examples of indiscriminate attacks:
a. an attack by bombardment by any methods or means which treats as a single legitimate target a number of clearly separated and distinct legitimate targets located in a city, town, village or other area containing a similar concentration of civilians or civilian objects.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 416.1 and 2.a.
In its chapter on land warfare, the manual states:
The bombardment of any legitimate target must not be “indiscriminate.” It is prohibited to carry out an attack by bombardment by any means (aircraft, artillery, mortars, naval fire, missiles, etc.) that treats as a single legitimate target a number of clearly separated and distinct legitimate targets in an urban area or an area containing a similar concentration of civilians or civilian objects.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 613.1.
In its chapter on naval warfare, the manual states:
1. The bombardment of any legitimate target must not be “indiscriminate”. It is prohibited to carry out an attack by bombardment by any means (such as aircraft, naval fire and missiles) that treats as a single legitimate target a number of clearly separated and distinct legitimate targets in an urban area or an area containing a similar concentration of civilians or civilian objects.
2. This prohibition applies to shore bombardments by naval forces. In this respect, “shore bombardments” include bombardments from both ships and aircraft.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 827.1.–2.
At the CDDH, Canada stated that it supported the comments made by the United States (see infra).
Canada, Statement at the CDDH, Official Records, Vol. XIV, CDDH/III/SR.31, 14 March 1975, p. 308, § 58.
