Norma relacionada
Canada
Practice Relating to Rule 111. Protection of the Wounded, Sick and Shipwrecked against Pillage and Ill-Treatment
Section A. General
Canada’s LOAC Manual (1999) states that “the parties to a conflict must protect the wounded, sick and shipwrecked against pillage and ill-treatment” in both international and non-international armed conflicts.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 9-1, § 9 and p. 17-4, § 32.
Canada’s Code of Conduct (2001) provides that, following an engagement, there is an obligation to protect the sick, wounded and civilians against theft and ill-treatment. It further states: “The personal property of sick and wounded … shall not be taken.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 4 June 2001, Rule 7, § 3 and Rule 8, § 2.
Canada’s LOAC Manual (2001) states in its chapter on the treatment of the wounded, sick and shipwrecked: “The parties to a conflict must protect the wounded, sick and shipwrecked from pillage and ill-treatment and ensure their adequate care.”
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 904.2.
In its chapter on non-international armed conflicts, the manual states: “After any engagement and whenever circumstances permit, all possible steps must be taken without delay to search for and collect the wounded, sick and shipwrecked [and] to protect them against pillage and ill-treatment”.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1718.
Canada’s Code of Conduct (2005) states:
Following an engagement in which you were involved, you have an obligation, without delay, to take all possible measures to search for and collect the wounded and sick from all sides, opposing forces or not, as well as civilians … This includes the obligation to protect them against theft and ill-treatment …
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 7, § 3.
The Code of Conduct further instructs: “The personal property of sick and wounded, detained persons and the dead shall not be taken.”
Canada, Code of Conduct for CF Personnel, Office of the Judge Advocate General, 2005, Rule 8, § 2.
Canada’s National Defence Act (1985) provides: “Every person who … steals from, or with intent to steal searches, the person of any person … wounded, in the course of warlike operations, … is guilty of [an] offence.”
Canada, National Defence Act, 1985, Section 77(g).
