Norma relacionada
Canada
Practice Relating to Rule 70. Weapons of a Nature to Cause Superfluous Injury or Unnecessary Suffering
Canada’s LOAC Manual (1999) states: “Weapons, projectiles, materials and means of warfare that cause superfluous injury or unnecessary suffering are prohibited.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 5-1, § 2; see also p. 5-2, § 10.
It adds: “Weapons, projectiles, material or means of warfare must not cause injury or suffering which is out of proportion to its military effectiveness.” 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 5-1, § 3.
As regards lawful weapons, the manual states: “Legal weapons are limited in the way in which they may be used. Specifically, no weapons may be used … in such a way as to cause superfluous injury or unnecessary suffering.” 
Canada The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 5-3, § 32.
The manual further provides that “employing arms or other weapons that are calculated to cause unnecessary suffering” constitutes a war crime. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 16-3, § 20(e).
Canada’s Code of Conduct (2001) instructs CF personnel: “Do not alter your weapons or ammunition to increase suffering.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 3.
The Code of Conduct goes on to say:
1. The use of weapons or ammunition that cause unnecessary suffering is unlawful. …
5. When force is used, suffering is likely to result. However, the infliction of unnecessary suffering is prohibited. “Unnecessary suffering” refers to infliction of injuries or suffering beyond what is required to achieve the military aim. …
6. Remember that even lawful weapons cannot be used in a manner that causes unnecessary suffering. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 3, §§ 1, 5 and 6.
Canada’s LOAC Manual (2001) states that one of the purposes of the law of armed conflict is “to protect combatants from unnecessary suffering”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 103.2.
In its chapter entitled “Restrictions on the use of weapons”, the manual states:
502. General
1. The LOAC limits the types of weapons that may be used and the manner in which those weapons are used. Weapons, projectiles, materials and means of warfare that cause superfluous injury or unnecessary suffering are prohibited.
2. A weapon, projectile, material or means of warfare must not cause injury or suffering which is out of proportion to its military effectiveness.
503. Superfluous injury and unnecessary suffering
1. “Superfluous injury” and “unnecessary suffering” are closely related concepts. “Superfluous” means “more than enough, redundant, needless.” The term “unnecessary” is easily understood. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, §§ 502 and 503.1.
With regard to limitations placed on weapons that are otherwise lawful under the law of armed conflict, the manual states: “Legal weapons are limited in the way in which they may be used. Specifically, no weapons may be used indiscriminately or in such a way as to cause superfluous injury or unnecessary suffering”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 520.2.
In its chapter on “War crimes, individual criminal liability and command responsibility”, the manual states that “employing arms or other weapons that are calculated to cause unnecessary suffering” constitutes a war crime. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1609.2.e.
Rule 3 of Canada’s Code of Conduct (2005) instructs Canadian Forces (CF) personnel: “Do not alter your weapons or ammunition to increase suffering and use unauthorized weapons or ammunition.” 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 3.
The Code of Conduct further explains:
1. Rule # 3 is based on both military and humanitarian principles. The use of weapons or ammunition that cause unnecessary suffering is unlawful and is also contrary to the principle of war, selection and maintenance of the aim.
Authorized weapons and ammunition
2. There are few legal restrictions on the types of weapons that can be lawfully used. The use of CF issued shotguns, for example, is legal. CF issued military pattern weapons are lawful. The use of only CF issued weapons and ammunition helps to ensure that there is no deviation from international standards. CF personnel are not authorized to bring or use privately owned weapons or ammunition.
Captured weapons and ammunition
3. Circumstances may arise where captured weapons and ammunition may have to be used. However, they may only be used if they are lawful weapons.
Alteration of weapons/ammunition to cause unnecessary suffering
4. The alternation of weapons or ammunition to increase suffering is unlawful and may interfere with the overall military mission. The alteration of ammunition so that it expands or flattens easily when striking the human body is expressly prohibited.
5. The aim of the use of force is to allow you to accomplish your mission. When force is used, suffering is likely to result. However, the infliction of unnecessary suffering is prohibited. “Unnecessary suffering” refers to the infliction of injuries or suffering beyond what is required to achieve the military aim. Thus, the alteration of weapons or ammunition to increase suffering is forbidden. Not only is this rule morally right, it is to your operational advantage based on reciprocity (i.e., the use of altered weapons may encourage opposing forces to do the same or worse).
Restrictions on the use of lawful weapons
6. Remember that even lawful weapons cannot be used in a manner that causes unnecessary suffering.
Inspection
12. To ensure that only authorized weapons are used, regular inspections should be carried out. 
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 3, §§ 1–6 and 12.
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.
In 1973, in its comment on the UN Secretary-General’s report on napalm and other incendiary weapons and all aspects of their possible use, Canada stated:
Broadly, there should be concern with the use of all types of weapons in ways which could cause unnecessary suffering … [F]or this reason, the protocols additional to the Geneva Conventions of 1949 which are currently being prepared under the auspices of the International Committee of the Red Cross in close co-operation with the United Nations General Assembly, should reaffirm the existing principles and rules of conventional and customary international law of armed conflicts which apply generally to the choice and use of weapons by States in armed conflict and are contained, inter alia, in the Hague Declaration [concerning Asphyxiating Gases] of 1899, the Hague Conventions of 1907 and the Geneva [Gas] Protocol of 1925. 
Canada, Comments on the report of the UN Secretary-General on napalm and other incendiary weapons and all aspects of their possible use, UN Doc. A/9207/Add.1, 17 December 1973, p. 3.