Practice Related to Rule 95. Forced Labour
Canada’s LOAC Manual (2001), in its chapter on the treatment of civilians in the hands of a party to the conflict or an occupying power and, more specifically, in the section entitled “Aliens in the territory of a party to the conflict”, states:
Protected persons may be compelled to work only to the extent, under the same working conditions, and with the same benefits, as the nationals of the belligerent. Protected persons of enemy nationality may be compelled to do only the kind of work which is normally necessary to ensure the feeding, sheltering, clothing, transport and health of the population. They must not be required to do work directly related to the conduct of military operations.
In its chapter on rights and duties of occupying powers, the manual states:
The occupying power may only compel persons over the age of eighteen to work, and only on work for the needs of the army of occupation, the public utility services, or for the feeding, clothing, sheltering, transportation or health of the population of the occupied territory. The population cannot be compelled to participate in any work, which would involve participation in military operations.
Canada’s Prisoner of War Handling and Detainees Manual (2004) states: “Prisoners of War (PW) will be required to carry out work, whilst taking account of their rank, sex, age and physical aptitude”.
Annex G to the manual provides guidance for the employment of prisoners of war.
In the Rudolph and Minister of Employment and Immigration case
in 1992, the Canadian Federal Court of Appeal upheld an order for the removal from Canada of the accused, a German national who during the Second World War had requested and supervised the deportation and use of foreign civilians as slave labourers in the production of V2 rockets, on the ground that he had committed outside Canada an act that constituted a war crime.