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AIM. To ensure you know and understand the basic principles of the Law of Armed Conflict and can properly apply them in operational situations. WHAT IS THE LAW OF ARMED CONFLICT?. International law that which sets out rules of behaviour in an armed conflictIt sets out minimum standards applicabl
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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. Selection and maintenance of the aim
Economy of effort SUPPORTS PRINCIPLES OF WAR
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
16. 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
19. 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. 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
STANDARD OF TREATMENT
24. 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 CODE OF CONDUCT FOR CF PERSONNEL
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
28. 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
36. 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
39. 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
42. USE OF THE EMBLEM Protected personnel
Protected units and Establishments
Protected transports
Perfidy
43. 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
44. 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. 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 CODE OF CONDUCT FOR CF PERSONNEL
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