Practice Relating to Rule 33. Personnel and Objects Involved in a Peacekeeping Mission
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.
In its judgment in the Brocklebank case
in 1996, the Court Martial Appeal Court of Canada held that no armed conflict existed in Somalia at the relevant time, nor were the Canadian forces to be considered as a party to the conflict as they were engaged in a peacekeeping mission.
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.”