Practice Relating to Rule 131. Treatment of Displaced Persons
Section A. Provision of basic necessities
Canada’s LOAC Manual (1999) provides, with respect to non-international armed conflicts: “If [civilians] do have to be displaced, arrangements must be made, if possible, for their shelter, hygiene, health … and nutrition.”
Canada’s LOAC Manual (2001) states in its chapter on non-international armed conflicts: “If [civilians] do have to be displaced, arrangements must be made, if possible, for their shelter, hygiene, health, safety and nutrition.”
In 2011, in the XXXX case, the Immigration Division of Canada’s Immigration and Refugee Board declared Mr. XXXX inadmissible to Canada on grounds of, inter alia, alleged complicity in crimes against humanity. The Division stated:
158. … [B]etween the start of the 1960s and the fall of the Lt.-Col. Mengistu’s regime in February 1992 various rebel groups and national liberations fronts engaged in wars of liberation with the Ethiopian government based in Addis Ababa. That war lasted thirty years and cost the lives of … untold numbers of victims. One of the leading rebel groups / liberation fronts was the EPLF [Eritrean People’s Liberation Front] …
197. … The Amnesty International report [for 1992] states that the EPLF forcibly expelled about 120,000 people from Eritrea in June 1992. About 120,000 people were expelled. 80,000 were captured Ethiopian government soldiers and dependants. However, the persons expelled also included civilians such as Ethiopian teachers and former officials. According to the Amnesty International Report the people were put across the border without transport[,] resulting in hundreds dying of starvation or illness in transit camps or while making their way south. The acts, which are offences under the Crimes Against Humanity and War Crimes Act
, were perpetrated in a widespread and systematic fashion against a civilian population.