Norma relacionada
Canada
Practice Relating to Rule 54. Attacks against Objects Indispensable to the Survival of the Civilian Population
Canada’s LOAC Manual (1999) provides:
It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population whatever the motive.
…
The following are examples of “objects indispensable to the survival of the civilian population”:
a. foodstuffs;
b. agricultural areas for the production of foodstuffs;
c. crops;
d. livestock;
e. drinking water installations and supplies; and
f. irrigation works.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-8, §§ 78 and 79; see also p. 6-4, § 41 (land warfare) and p. 7-3, § 25 (air warfare).
With regard to methods prohibited in non-international armed conflicts, the manual also stipulates: “It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population whatever the motive.”
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-5, § 38.
Canada’s LOAC Manual (2001) states in its chapter on targeting:
1. It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population for whatever motive.
2. The following are examples of “objects indispensable to the survival of the civilian population”:
a. foodstuffs;
b. agricultural areas for the production of foodstuffs;
c. crops;
d. livestock;
e. drinking water installations and supplies; and
f. irrigation works.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 445.1–2.
In its chapter on land warfare, the manual further states: “Starvation of civilians as a method of warfare is prohibited. Therefore, it is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population whatever the motive.”
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 618.
In its chapter on air warfare, the manual contains a provision identical to the one in the chapter on land warfare, adding: “The circumstances in which objects indispensable to survival of the civilian population may be attacked are fully described in Chapter 4 (Targeting).”
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 708.
In its chapter on non-international armed conflicts, the manual states:
It is prohibited to attack, destroy, remove or render useless for that purpose, objects considered indispensable to the survival of the civilian population such as foodstuffs, agricultural areas, livestock, drinking water installations, irrigation works and similar objects.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1721.
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.
Canada’s LOAC Manual (1999) states:
Objects indispensable to the survival of the civilian population may be attacked if they are used by an adverse party:
a. as sustenance solely for the member[s] of its armed forces; or
b. in direct support of military action, provided that actions against these objects do not leave the civilian population with such inadequate food or water so as to cause its starvation or force its movement.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 4-8, § 80.
Canada’s LOAC Manual (2001) states in its chapter on targeting:
Objects indispensable to the survival of the civilian population may be attacked if they are used by an adverse party:
a. as sustenance solely for the member of its armed forces; or
b. in direct support of military action, provided that actions against these objects do not leave the civilian population with such inadequate food or water so as to cause its starvation or force its movement.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 445.3.
Canada’s LOAC Manual (1999) states:
42. Where a party to a conflict is defending its national territory against invasion, it may destroy objects indispensable to the survival of the civilian population with intent to deny their use by the enemy if:
a. the objects are within national territory of and under the control of the party; and
b. their destruction is required by imperative military necessity.
43. Where such an extreme measure is taken, the destruction of objects indispensable to the survival of the civilian population should not leave the civilian population with such inadequate food or water as to cause its starvation or force its movement.
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, pp. 6-4 and 6-5, §§ 42 and 43; see also p. 4-8, § 82.
Canada’s LOAC Manual (2001) states in its chapter on targeting:
Where a party to a conflict is defending its national territory against invasion, it may attack objects indispensable to the survival of the civilian population if:
a. the objects are within national territory of and under the control of the party; and
b. an attack on the objects is required by imperative military necessity.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 445.5.
In its chapter on land warfare, the manual states:
1. Where a party to a conflict is defending its national territory against invasion, it may destroy objects indispensable to the survival of the civilian population with intent to deny their use by the enemy if:
a. the objects are within national territory of and under the control of the party; and
b. their destruction is required by imperative military necessity.
2. Where such an extreme measure is taken, the destruction of objects indispensable to the survival of the civilian population should not leave the civilian population with such inadequate food or water as to cause its starvation or force its movement.
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 619.
