SOURCES

1
Code of Conduct for CF Personnel
2
AIM

• To ensure you know and understand the basic
  principles of the Law of Armed Conflict and can
  properly apply them in operational situations

3
WHAT IS THE LAW OF ARMED CONFLICT?

• International law that which sets out rules of
  behaviour in an armed conflict
• It sets out minimum standards applicable to the
  conduct of hostilities to limit unnecessary
  suffering and to ensure respect for human dignity
  during an armed conflict
• It protects the victims of armed conflicts

4
THE AIM OF THE LAW OF ARMED CONFLICT (LOAC)

• To limit the conflict to opposing forces
• To limit the extent to which people who are not
  participants in a conflict become victims
• Does not prevent the use of force in the
  achievement of legitimate military objectives

5
WHY A CODE OF CONDUCT

• It is CF policy that members will comply with the
  spirit and principles of LOAC during all CF
  operations except Canadian domestic operations
• Captures the Basics of the Law of Armed Conflict
  that you must know

6
PEACE SUPPORT VS. ARMED CONFLICT

• LOAC applies when Canada is a party to any armed
  conflict
• During peace support operations the spirit and
  principles of the Law of Armed Conflict apply
• CF policy to apply, as a minimum, the spirit and
  principles of the LOAC in all Canadian military
  operations other than Canadian domestic
  operations
• Train to one standard

7
ROE VS. CODE OF CONDUCT

• The use of force to accomplish your mission is
  also governed by Rules of Engagement (ROE)
• The Code of Conduct does not replace your ROE,
  but rather complements them

8
REASONS TO COMPLY WITH LOAC

• It is Canadian Law
• Operational Advantage

9
Rule 1

• Engage only opposing forces and military
  objectives

10
SUPPORTS PRINCIPLES OF WAR

• Selection and maintenance of the aim
• Economy of effort

11
IN SIMPLE TERMS

• Warriors fight Warriors
• Force must be directed against opposing forces
  and military objectives

12
MILITARY OBJECTIVES

• Effective contribution to military action
• Destruction or neutralization of object must
  offer a definite military advantage to your
  operation

13
OPPOSING FORCES

• Any individual or group of individuals who pose a
  threat to you or your mission, whether in uniform
  or not

14
OPPOSING FORCES DURING AN ARMED CONFLICT

• In an armed conflict, enemy forces are opposing
  forces whether or not they pose an immediate
  threat

15
OPPOSING FORCES DURING PEACE SUPPORT OPERATIONS

• On peace support operations, persons (including
  civilians) usually must do more that simply be in
  possession of weapons to be considered opposing
  forces
• Often must act in a threatening manner toward
  you, or the persons and property you are tasked
  to protect

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Rule 2

• In accomplishing your mission, use only the
  necessary force that causes the least amount of
  collateral civilian damage

17
COLLATERAL CIVILIAN DAMAGE

• Any injury to civilians or damage to civilian
  objects not part of an authorized target,
  resulting from the use of force

18
PRINCIPLE OF PROPORTIONALITY

• There is a duty to ensure that collateral
  civilian damage is not excessive in relation to
  the concrete and direct military advantage
  anticipated

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Rule 3

• Do not alter your weapons or ammunition to
  increase suffering or use unauthorized weapons or
  ammunition

20
UNNECESSARY SUFFERING

• Use of weapons or ammunition that cause
  unnecessary suffering is unlawful
• Authorized weapons and ammunition
• Captured weapons and ammunition

21
WEAPONS AND AMMUNITION

• Alteration of weapons or ammunition to cause
  unnecessary suffering
• Restrictions on the use of lawful weapons
• Prohibited weapons and ammunition
• Inspection

22
Rule 4

• Treat all Civilians Humanely and Respect Civilian
  Property

23
STANDARD OF TREATMENT

• Civilians are not to be subjected to
• violence, threats, insults, public curiosity
• rape, indecent assault
• adverse discrimination
• Civilians should be treated in the way you would
  like your family to be treated in the same
  circumstances

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CODE OF CONDUCT FOR CF PERSONNEL

• 1. Engage only opposing forces and military
  objectives
• 2. In accomplishing your mission, use only the
  necessary force that causes the least amount of
  collateral civilian damage
• 3. Do not alter your weapons or ammunition to
  increase suffering or use unauthorized weapons or
  ammunition
• 4. Treat all civilians humanely

25
Rule 5

• Do not attack those who surrender. Disarm and
  detain them.

26
SURRENDER

• The Denial of Quarter is prohibited
• There must be a clear intent to surrender
• Use of the white flag

27
SURRENDER PROCEDURES

• Handle cautiously, search, disarm and remove
  military equipment and documents
• Protect them from harm and evacuate as rapidly as
  possible
• Treat all PWs and detainees the same even if
  doubtful as to their actual status
• Restraint devices to be used for security
  purposes only

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Rule 6

• Treat all detained persons humanely in accordance
  with the standard set by the Third Geneva
  Convention. Any form of abuse, including
  torture, is prohibited

29
WHY DO WE DETAIN?

• To prevent further participation in the conflict
• To prevent the opposing forces from interfering
  with the military mission
• Not punishment

30
STANDARD OF TREATMENT

• Humane treatment
• Food, water and shelter
• Protection and medical care
• Questioning and interrogation

31
Rule 7

• Collect all the wounded and sick and provide them
  with the treatment required by their condition,
  whether friend or foe

32
PROTECTION

• Members of opposing forces wounded or sick are
  considered hors de combat provided they abstain
  from any hostile act
• Persons hors de combat shall not be made the
  object of attack

33
PROCEDURE

• Provision of treatment
• Priority of treatment
• Burial

34
CODE OF CONDUCT FOR CF PERSONNEL

• 5. Do not attack those who surrender. Disarm
  and detain them
• 6. Treat all detained persons humanely in
  accordance with the standard set by the Third
  Geneva Convention. Any form of abuse, including
  torture, is prohibited
• 7. Collect all the wounded and sick and provide
  them with the treatment required by their
  condition, whether friend or foe

35
Rule 8

• Looting is prohibited

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RULE 8

• No theft
• No war trophies
• Looting is a crime and can affect the
  accomplishment of your mission

37
Rule 9

• Respect all cultural objects (museums, monuments,
  etc) and places of worship

38
CULTURAL PROPERTY DISTINCTIVE SIGN
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EXTENT OF PROTECTION

• Should not be targeted
• Should not be used for military purposes
• Loss of protection

40
Rule 10

• Respect all persons and objects bearing the Red
  Cross/Red Crescent, and other recognized symbols
  of humanitarian agencies

41
DISTINCTIVE EMBLEMS
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USE OF THE EMBLEM

• Protected personnel
• Protected units and Establishments
• Protected transports
• Perfidy

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Rule 11

• Report and take appropriate steps to stop
  breaches of the LOAC and these rules.
  Disobedience of the Law of Armed Conflict is a
  crime

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DUTIES

• Report
• Investigations
• Superior orders
• Leadership
• Follow Canadian law

45
CODE OF CONDUCT FOR CF PERSONNEL

• 8. Looting is prohibited
• 9. Respect all cultural objects (museums,
  monuments, etc) and places of worship
• 10. Respect all persons and objects bearing the
  Red Cross/Red Crescent, and other recognized
  symbols of humanitarian agencies
• 11. Report and take appropriate steps to stop
  breaches of the LOAC and these rules.
  Disobedience of the Law of Armed Conflict is a
  crime

46

• TEST

47
CODE OF CONDUCT FOR CF PERSONNEL

• 1. Engage only opposing forces and military
  objectives
• 2. In accomplishing your mission, use only the
  necessary force that causes the least amount of
  collateral civilian damage
• 3. Do not alter your weapons or ammunition to
  increase suffering or use unauthorized weapons or
  ammunition
• 4. Treat all civilians humanely and respect
  civilian property

48
CODE OF CONDUCT FOR CF PERSONNEL

• 5. Do not attack those who surrender. Disarm
  and detain them
• 6. Treat all detained persons humanely in
  accordance with the standard set by the Third
  Geneva Convention. Any form of abuse, including
  torture, is prohibited
• 7. Collect all the wounded and sick and provide
  them with the treatment required by their
  condition, whether friend or foe

49
CODE OF CONDUCT FOR CF PERSONNEL

• 8. Looting is prohibited
• 9. Respect all cultural objects (museums,
  monuments, etc) and places of worship
• 10. Respect all persons and objects bearing the
  Red Cross/Red Crescent, and other recognized
  symbols of humanitarian agencies
• 11. Report and take appropriate steps to stop
  breaches of the LOAC and these rules.
  Disobedience of the Law of Armed Conflict is a
  crime