Dispatches is published under

the authority of the Commander

Land Forces Command.

DISPATCHES 1

DIRECTOR’S FOREWORD

Fifteen years have passed since the publication of“You and the Law of War”. Given recent events on variouspeace support operations, theALLC decided to produce anissue of Dispatches on the law of armed conflict. Ratherthan just updating the original publication, it was decided toinclude a portion on peace support operations. Althoughwe thought that this would be a relatively straight-forwardprocess, that was far from the case. We enlisted the helpof the Judge Advocate General’s Office to review our firstdraft in December 1996, hoping to have the issuedistributed to the Army immediately after Christmas. Inhindsight, I now know that it was at this point that thelearning experience began.

After several drafts and an uncountable number ofphone calls, E-mail conversations, and faxes, we realizedthat by including sections on the law of armed conflict,peace support operations, and rules of engagement in onepublication, we risked confusing everyone. Although werecognize that the line between the law of armed conflictand the rules associated with peace support operationscan be blurred, including them in the same publicationhighlights the difficulties in interpretation and applicationthat we all face.

Therefore, the purpose of this issue of Dispatchesis to review some of the elements of the law of armedconflict simply, concisely and accurately. Furthermore, wehope to relay the message that many aspects of theGeneva Conventions do not apply in several significantways during times of non-international armed conflicts norin peace support operations. Thus, it is crucial that allsoldiers within the Army have a solid understanding of thelaw of armed conflict, supplemented by specific trainingapplicable in certain conditions. This issue of Dispatchesis not a comprehensive manual on the aforementionedsubjects. Actually, it could not be farther from the mark.This issue is, however, a much needed, up-to-date“starting point” from which more in-depth analysis of theseimportant topics can and should be done.

P.A. CunninghamLieutenant-ColonelDirector

DISPATCHES 2

TABLE OF CONTENTS

PARTA. THE LAW OF ARMED

CONFLICT

B. PEACE SUPPORTOPERATIONS

ONE. INTRODUCTION - WHY STUDYTHE LAW OF ARMEDCONFLICT?

TWO. DEFINITIONS

THREE. THE BASIC SOURCES ANDCONCEPTS

FOUR. WHY COMPLY WITH THE LAWOF ARMED CONFLICT?

FIVE. WOUNDED AND SICK IN THEFIELD

SIX. PRISONERS OF WAR

SEVEN. CIVILIANS

EIGHT. SOLDIER’S RULES

NINE. UNITED NATIONS MISSIONS &THE PEACEKEEPER’SCONVENTION

TEN. RULES OF ENGAGEMENT(ROE)

ELEVEN. CONCLUSION

TWELVE. WHAT’S NEW

THIRTEEN. DOCUMENTATION ANDREFERENCES

DISPATCHES 3

PART A - THE LAW OF ARMEDCONFLICT

DISPATCHES 4

PART ONE - INTRODUCTION -WHY STUDY THE LAW OF ARMEDCONFLICT?

Every soldier engaged in an armed conflicthas rights and responsibilities laid down byinternational law. It is imperative that you understandthese rules because they flow from the twin hallmarksof the true military professional: discipline andhumanity. Especially important are the rulesconcerning targeting the wounded and sick,prisoners of war (PW) and civilians.

Although the laws of armed conflict arecertainly not new, some soldiers may stillmisunderstand some aspects of them. Take yourself,for example. Do you view these laws:

As restrictions to accomplishing the mission?

As a set of humanitarian principles applicableto some people, or to all people?

As rules which, if violated, could make youliable to prosecution or cost you your career?

Since Canada agreed to respect the lawsapplicable during armed conflict, it is important tounderstand that violating these rules is the same asviolating the laws of Canada. Members of the Army,such as yourself, have an obligation to know, abide byand enforce the law of armed conflict.

The purposes of the law of armed conflict areto protect both combatants and non-combatants fromunnecessary suffering, to safeguard certainfundamental human rights of people who fall into thehands of an enemy (particularly POWs, the sick andwounded, and civilians) and to facilitate therestoration of peace.

Because important decisions are usuallymade by senior headquarters in wartime, it mightseem sufficient for only a member of the staff or thesenior commander to be versed in the law of armedconflict so that it may be taken into considerationduring the decision making process.

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DISPATCHES 5

Although it is true that the more senior asoldier becomes the more informed on this subject hemust be, even the most junior soldier can find himselfin a situation where he must make decisions whichrequire a knowledge of the law of armed conflict.

Even war does not give an unlimited licenseto kill. Instead rules exist which simultaneouslyrestrict and protect not only the warring statesinvolved, but every soldier as well. These rules formpart of what is defined as the law of armed conflict.What does the law of armed conflict actually entail?As soldiers, we all know that the Red Cross on a whitebackground is the symbol of protection for thewounded; that an enemy who lays down armsbecomes a PW and is to be treated humanely; thatcivilians may not be attacked; and that certain meansof warfare, particularly cruel and inhumane ones, areoutlawed. These rules are spelled out by the law ofwar and inject at least some humanity into warfare.

In light of this, the following points arise.

Decisions involving a knowledge of the law ofarmed conflict may have to be made even insmall-scale military actions.

Observation:

"... disobedience of the law of war brings dishonouron the soldier, his armed force and his country, not tomention the fact that it also makes him liable to becharged, tried, convicted and sentenced for the crimehe has committed. What this all adds up to is thatevery officer and NCM must have a knowledge of thefundamental rules of the law of war."

You and the Law of War

Therefore, at the most basic level, theaforementioned observation provides severalreasons to study the law of armed conflict.

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DISPATCHES 6

PART TWO - DEFINITIONS

One of the first requirements is to clearlyidentify what constitutes a lesson learned. Thefollowing definitions have not changed since theirapproval for inclusion in DISPATCHES Vol 1:

OBSERVATION. An observation is simplyrecorded raw data that takes place during anoperation or exercise. Observations comefrom many sources such as existingCanadian and Allied PORs, PXRs, UNMOreports and from commanders and theirstaffs.

ISSUE. An issue is a topic that develops fromone or more observations or recurringobservations. For example, when a battlegroup comments adversely on a piece ofequipment that was previously reported byanother unit, this becomes an issue for thestaff to resolve.

LESSON LEARNED. A lesson learned is anissue that results in a change to Canadiandoctrine, tactics, SOPs, organization, orequipment. Lessons learned are staffedthrough the Land Force DevelopmentProcess for approval.

The definition of the law of armed conflictmust also be clearly articulated in order to trulyunderstand the context it will be used in throughoutthis issue:

LAW OFARMED CONFLICT. It is the body oflaw which governs the conduct of states andindividuals when they are engaged in anarmed conflict. This includes the use of force,the protection of civilians, sick and woundedpersonnel, and PWs. For the purposes of thisissue, the two terms "Law of Armed Conflict"a n d " L a w o f Wa r " w i l l b e u s e dinterchangeably.

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PART THREE - THE BASIC SOURCESAND CONCEPTS

In time of war, certain humanitarian rules mustbe observed, even with regard to the enemy. Theserules are set out in customary international law,various treaties associated with The Hague and thefour Geneva Conventions of 12August 1949 and theirAdditional Protocols of 8 June 1977. The purpose ofthis section is to briefly introduce these sources andsome basic concepts.

Soldiers may only target military objectives.Military objectives are "those objects which by theirnature, location, purpose or use make an effectivecontribution to military action and whose total orpartial destruction, capture or neutralization, in thecircumstances ruling at the time, offers a definitemilitary advantage." These objects obviously includeenemy soldiers and combatants, military equipmentand vehicles, barracks and other military sites.Prohibited targets include civilians not taking part inhostilities, civilian objects not being used for militarypurposes, medical personnel and medical facilities.No part of the preceding list is exclusive. The lists aremerely intended to give you examples of permittedand prohibited targets.

The Geneva Conventions are founded on theidea of respect for the individual and his/her dignity.Persons not directly taking part in hostilities and thosebeing "hors de combat" ie. put out of action throughsickness, injury, or captivity, must be respected andprotected against the effects of war; those who suffermust be aided and cared for without discrimination.

In 1949 the Geneva Conventions of 1929were revised and brought up to date. The followingconventions were adopted for the protection of the:

Wounded and Sick in the field;

Wounded, Sick and Shipwrecked at sea;

Prisoners of War (PW); and

Civilians.

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Observation:

"Law ofArmed Conflict training must not only be a partof a unit's routine military training, but it must also bereinforced during the pre-deployment phase."

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Al l four Conventions apply to theparties/belligerents in any international armedconflict. The four Geneva Conventions of 1949 arethe most widely ratified of all internationalconventions. More nations have ratified them thanhave become members of the United Nations.

In 1977 two Additional Protocols to theGeneva Conventions of 1949 were developed. Thefirst Additional Protocol deals with internationalarmed conflict and provides the following.

The protection afforded to medical facilities &civilians is expanded.

The means & methods of warfare that a statemay resort to are not unlimited.

No party may cause excessive damage to theenvironment.

All new weapons systems must be reviewedto ensure that they do not cause unnecessarysuffering.

Only military objectives are legitimate targets.

The second Additional Protocol provides thatthe following minimum standards are applicable innon-international armed conflicts ie. Civil war typesituations. These standards include:

humane treatment of all non-combatants;

not attacking the civilian population;

respecting medical & religious personnel,buildings & transport; and

giving all persons accused of crimes a fairtrial.

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PART FOUR - WHY COMPLY WITHTHE LAW OF ARMED CONFLICT?

One of the fundamental questions asked is whycomply with the law of armed conflict? One reason isthat compliance with the law of armed conflict isconsistent with the principles of war, such as economyof effort, maintenance of the aim and concentration offorce. It is far more effective to accept the surrender ofthousands of troops than to fight them. Not targetingcivilians and respecting hospitals, religious andcultural objects saves valuable ammunition andcontributes to the restoration of peace by minimizingopposition because it avoids strong reactive emotionsgenerated by acts of wanton destruction. One onlyhas to consider the impact of the violation of the law ofarmed conflict, for example the mistreatment ofcoalition PWs in Iraqi hands, to realize that suchactions usually stiffens rather than weakens the will tofight.

Another very obvious reason for complyingwith the law of armed conflict is that while itsobligations are no longer legally dependent onreciprocity, in practice, your compliance with the law islikely to enhance its observance by the "other side". Arather dramatic example of the advantage of this forthe individual soldier can be found in some historicalanalysis completed by the Directorate of History. Itanalysed the likelihood of the survival of Allied PWs inenemy hands on the Eastern and Western Fronts inEurope in World War II. On the Eastern Front (wheredespite some initial attempts at respect for the law ofarmed conflict in the beginning, it was generallydisregarded by the parties) a Soviet PW in Germanhands had only a 57% chance of survival. A GermanPW in Soviet hands had only a 62% chance of survival.In contrast, the survival rate for Canadian PWs inGerman hands was 93% and German PWs inCanadian hands experienced a survival rate of morethan 99%. Although this is just a spotlight on a specificarea, it does emphasize that where there is substantial, evenif imperfect, observance of the law of armed conflict thereare demonstrable advantages for the soldiers involved.

DISPATCHES 10

Another reason for compliance with the law ofarmed conflict is that the law is the standard which isrequired in order to maintain public support in Canadafor military operations. Violations of fundamentalethical and legal standards in situations of armedconflict, whether or not they are war crimes, have adisproportionate negative effect on public support.To maintain support at home one must respect, andbe seen to respect the basic principles underlying thelaw of armed conflict.

In the same way that respect for the law ofarmed conflict is vital to maintaining the support of ourown public, it is equally important to maintaininginternational approval. International approval andsupport can be critical in achieving victory. How longwould the Arab nations of the coalition against Iraq'sinvasion of Kuwait have participated if there had beensubstantiated allegations of atrocities against MuslimIraqi soldiers by Western troops?

In combat, you, as a soldier, must respond aspart of a disciplined military force. General George S.Patton Jr. emphasized this fact in a speech made in1944 to his subordinates when he said, "There is onlyone sort of discipline...perfect discipline. If you do notenforce and maintain discipline, you are potentialmurderers". The law of armed conflict is one basis onwhich discipline rests in wartime.

Finally, of course, there are strictly legalreasons for compliance with the law of armed conflict.As a nation, there are international treaty obligationsbinding upon Canada in its conduct. Individually,violations of this law are punishable by court martialunder the Code of Service Discipline.

DISPATCHES 11

PART FIVE - WOUNDED AND SICK INTHE FIELD

The first and second Geneva Conventions of12 August 1949 are virtually identical, the first dealingwith the sick and wounded on land and the seconddealing with the sick and wounded at sea. Thissection will concentrate on the collection, protection,treatment and care of the wounded and sick in thefield ie. on land.

Protected persons are military personnel whoare "wounded" or "sick" needing of medical care andwho refrain from any act of hostility.

At all times, and particularly after anengagement, parties to a conflict are obliged to takeall possible measures to search for and collect,without delay, the wounded and sick. Protectionmust be afforded to the wounded and sick frompillage and ill-treatment, adequate care given, and asearch mounted for the dead. Where a side iscompelled to abandon wounded and sick, it must, ifpossible, leave some of its medical personnel andmaterial to care for them.

Definition of Protected Persons

Collection of Wounded and Sick

DISPATCHES 12

Protection, Treatment and Care

All wounded and sick,regardless of the party towhich they belong, shall berespected and protected.

Medical and Religious Personnel

Inall circumstances, they shall betreated humanely and shallreceive, to the fullest possibleextent and with the leastpossible delay, the medicalcare and attention required bytheir condition. There must beno distinction among themfounded on any grounds other than medical ones.This means treatment must be by medical priorityonly and not by nationality. You cannot giveautomatic priority to your own wounded.

Medical personnel engaged in the search for,or the collection, transport, or treatment of thewounded or sick must be respected and protected inall circumstances. Religious personnel attached tothe armed forces have the same rights as medicalpersonnel.

Medical and religious personnel include:

personnel (doctors, orderlies, nurses,stretcher-bearers) assigned, whetherpermanently or temporarily, exclusively tomedical purposes (search for, collection,transportation, diagnosis and treatment of thewounded and sick, and for the prevention ofdisease);

personnel (administrators, drivers, cooks,etc.) assigned, whether permanent ortemporary, to the administration or operationof medical units or medical transport; and

personnel such as chaplains (whether militaryor civilian) who are dedicated exclusively tothe exercise of their ministry.

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If medical and religious personnel fall into"enemy" hands, they shall be allowed to continuetheir duties towards the wounded and sick. It isimportant to note that technically they becomePWs but they are entitled to the benefit of the sametreatment afforded to PWs. As soon as the situationpermits, senior headquarters will permit thesepersonnel to be returned to their side. In spite ofthese rules, the capturing party is entitled to retain acertain number of medical/religious personnel for thebenefit of the PWs they hold. The number of thoseretained will be determined by the state of health, thespiritual needs and the number of prisoners.

The emblems of the Red Cross, RedCrescent or other symbols known to denote medicalpersonnel or facilities may be used to designateestablishments, units, transportation, personnel andmaterial entitled to protection. It may not beotherwise employed, nor displayed. These emblems

be scrupulously respected.

do not

must always

Red Cross Red Crescent

DISPATCHES 14

PART SIX - PRISONERS OF WAR

The term "prisoner" in prisoner of war is rathermisleading, since "prisoner" is most often used forpersonnel convicted of crimes. A war captive, whichis what a PW really is, is not held in custody forpunishment and in no sense is he/she a criminal. Theonly purpose in holding soldiers is to prevent themfrom taking any further part in the conflict. This is thewhole basis upon which the rules concerning PWsare built. Since you may be involved in guarding PWs(as occurred during the Gulf War), it is important thatyou understand the issues surrounding PWs.

PWs are capturedenemy forces. Suchforces are made up ofmembers of regular orreserve armed forces.Persons who are not part ofthe regular or reservearmed forces must complywith four conditions forrecognition as personsentitled to PW status uponcapture.

They must have been commanded bysomebody who exercises effective controlover them.

They must have had a fixed distinctive signrecognizable at a distance.

They must have carried arms openly.

They must have obeyed the laws andcustoms of war.

Where there is any doubt that a capturedperson is entitled to PW status, he

.This determination will not be made by the capturingsoldier or unit. There is a set procedure in the QR&Ofor this process.

Who Are PWs?

must be treatedas a PW until his status is properly determined

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Prisoner-of-War Status DeterminationRegulations

Screening of Detainees

Request for Determination of Status

Interim Status

shall be treated as a prisonerof war

The following procedure is a summary ofAppendix 1.5 of Volume IV to the QR&0.

The commanding officer of a unit or otherelement of the Canadian Forces shall ensure thateach detainee is screened as soon as is practicableafter being taken into custody to determine:

whether or not the detainee is entitled toprisoner-of-war status; or

whether there is doubt with respect to thedetainee's entitlement to prisoner-of-warstatus.

Where a commanding officer is in doubtwhether a detainee is entitled to prisoner-of-warstatus, the commanding officer shall, as soon as ispracticable, request an authority to direct that atribunal hold a hearing to determine the detainee'sentitlement to that status.

A detainee whose entitlement to prisoner-of-war status is in doubt,

until a tribunal determines that the detainee isnot entitled to that status.

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General Rules Protecting PWs

PWs mustbe humanely treated at all times

If theycannot be held, they must be released unharmed.

Respect for a PW's person and honourmust be given at all times.

When PWs are taken, they are prisoners ofthe Detaining Power, not of the personnel who havecaptured them. The Detaining Power is responsiblefor seeing that they are properly treated.

. They must beprotected, particularly against violence, intimidation,insults and public curiosity. Reprisals against PWsare prohibited. That is, PWs may not be punished forthe acts of other people as a means of bringingpressure on the enemy to desist from such acts.

Troops holding PWs may not kill them topreserve themselves, even in cases of extremenecessity; for instance, because they slow up theirmovements, require guards needed for otherpurposes, consume scarce supplies or appearcertain to be set free by their own forces.

All PWs retain the legalrights they had before capture and the right toexercise them so far as is consistent with theircaptivity. As stated previously, their status is in nosense that of personnel convicted of a crime.

DISPATCHES 17

Finally, all PWs are entitled to ablution andmedical attention. They must be treated alike by theDetaining Power, without regard to race, nationality,religious beliefs, political opinions, etc. Moreadvantageous treatment may occur with respect torank, female sex, state of health or age.

Processing PWs on Capture

PWs, when asked, are bound to give their fullname, rank, date of birth and army, regimental,personal or serial number only. Refusal to give thisinformation may be punished only by restriction ofprivileges. No physical or mental coercion may beused on a PW to secure information. PWs unable togive their identity, because of their physical or mentalcondition, must be handed over to the medicalauthorities. PWs must be questioned in a languagethey understand.

The following articles must remain in thePW's possession:

helmets, respirators and other such articles ifrequired for personal protection;

personal effects including items used forclothing and feeding; and

badges of rank, nationality and decorations inaddition to identity documents.

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Military documents and equipment not fallinginto the afore- mentioned categories may beconfiscated. Money and other articles of value inpossession of a PW may not be taken from himexcept by order of an officer and upon issuance of areceipt.

As soon as possible after capture, PWs mustbe evacuated out of danger, unless wounds orsickness prevent their removal. Evacuation must beeffected humanely and in conditions similar to thetransportation of the Detaining Power's own forces.The captors must supply the PWs with sufficient food,drinkable water, clothing and medical attention andtake precautions to ensure their safety.

DISPATCHES 19

Basic Human Rights

Grave Offenses Against PWs

The conditions under which PWs arequartered must be safe and healthy. They should beat least as good as those for the Detaining Power'sown forces, making allowance for the PW's habitsand customs.

The basic food rations must be sufficient inquantity, quality and variety for good health and takethe PW's habitual diet into account. Workingprisoners must have the additional rations that theirlabour requires. All PWs must have sufficientdrinking water. PWs must never be subjected tocollective disciplinary measures which affect theirfood.

The following acts are specified as gravebreaches under the convention for the treatment ofPWs:

willful killing, torture or inhumane treatment;

willfully causing great suffering or seriousinjury to body or health; or

willfully depriving a PW of the rights of fair trial.

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DISPATCHES 20

PART SEVEN - CIVILIANS

As stated in Part Three, peaceful "enemy"civilians may in no way be attacked or molested.They are, however, subject to the risks of war and ifthey are accidentally wounded or killed as a result oflegitimate military operations, no guilt attaches to thesoldiers concerned. Nevertheless, it is anundeniable effect of war that the gravest losses areusually suffered by the civilian populations, as a resultof their greater vulnerability to the effects of combat.During World War II, it was seen that the then existingrules of war were not adequate to protect the civilianpopulation. The need to amplify those rules wasparticularly emphasized by the atrocities andsuffering deliberately inflicted on civilians by theGerman and Japanese authorities.

As a result, a new Geneva Convention wasdevoted entirely to the protection of civilians inoccupied territory and the general protection forcivilians was codified, strengthened and clarified inthe firstAdditional Protocol.

For present purposes, a civilian is anyonewho does not belong to the armed forces as broadlydefined earlier in the context of PW. Civilian objectsare any objects that are not military objectives as setout above. In case of doubt as to the status of eitherperson or object, it shall be assumed to be civilian.

Definition of Civilians and Civilian Property

DISPATCHES 21

Protection of Civilians

always be treated humanelyand protected from acts of violence.

Civilians are always entitled to respect fortheir persons, honour, family rights, religiousconvictions and practices, and their manners andcustoms. They must

Theprohibition of attacks on civilians and civilian propertyincludes all attacks whether committed in offence ordefence. Attacks or threats of violence intended toterrorize the civilian population are also prohibited.The general prohibition also includes attackslaunched indiscriminately. This includes attackswhich may be expected to cause incidental civilianlosses and damage excessive in relation to theconcrete and direct military advantage anticipated.

DISPATCHES 22

Hospital, Safety and Neutralized Zones

Such areas may not be attacked norused for military purposes.

Transfers of Population in Occupied Territory

The parties engaged in conflict may byagreement establish hospital, safety and neutralizedzones. The purpose of these zones is to shield non-combatants.

One of the most important clauses dealingwith the protection of persons in the territory of anyOccupying Power is that prohibiting deportation.Individual or mass forcible transfers (ie. the ethniccleansing conducted by all three belligerent factionsin the Former Republic of Yugoslavia) are prohibitedregardless of their motive.

DISPATCHES 23

On the other hand, the civilian population maynot be compelled to remain in a dangerous militaryarea except where they would meet a greater dangerby moving elsewhere; or a move cannot be allowedbecause it would interfere seriously with militaryoperations (eg. there are urgent military reasons forkeeping the roads open). It is prohibited to keepcivilians in an area for the purpose of rendering itimmune from attack. Additionally, civilians may betemporarily evacuated for imperative military reasonsor their own safety if the evacuation can be safelydone.

Journal is ts engaged in dangerousprofessional missions in areas of armed conflict areregarded as civilians. They are protected as suchunder the laws of war so long as they take no actionadversely affecting their status as non-combatants.

Journalists Engaged in Dangerous ProfessionalMissions

DISPATCHES 24

If, for example, they are moving in the battlearea and are given transport facilities by the forcesoperating there, they may not assist the latter inbeating off an attack or dealing with a sniper.

The following acts, among others, arespecified as grave breaches under the GenevaConvention and Protocol relating to the treatment ofcivilians:

willful killing, torture or inhumane treatment;

willfully causing great suffering or seriousinjury to body and health;

unlawful deportation, transfer or confinement;

willful deprivation of the rights of fair trial;

taking of hostages;

extensive destruction and appropriation ofproperty not justified by military necessity andcarried out unlawfully and wantonly;

making a civilian or civilians the object ofattack; and

launching an indiscriminate attack.

Grave Offenses Against Civilians

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PART EIGHT - SOLDIER'S RULES

It is crucial that you understand that you mayencounter situations in combat which are unexpectedand which will require immediate response. Such aresponse must be in conformity with the law of armedconflict.

Every member of the Army must understandthe following rules. Knowledge of these rules willhelp ensure that the correct response occurs evenunder the most hostile circumstances. By observingthese rules you will ensure that your behaviour is inkeeping with the law of armed conflict and therefore isthe proper behaviour expected by Canada of all hercitizens.

Observation:

"The exercise proved that we had not done sufficienttraining, that law of armed conflict training does needmore emphasis in the Army, in a general as well as aCOBRAspecific sense..."

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DISPATCHES 26

Soldiers' Rules

� Fight only enemy combatants and attackonly military objectives.

Employ methods of attack which willachieve your objective with the leastamount of incidental civilian damage.

Do not attack enemy soldiers, sailors orairmen who surrender. Disarm them andtreat them as prisoners of war.

Collect and care for the wounded or sickwhether friend or foe.

Do not torture, kill or abuse prisoners ofwar.

Treat all civilians humanely.

Respect civilian property - looting isprohibited.

Respect all cultural objects and places ofworship.

Respect all persons and objects bearingthe Red Cross, Red Crescent and otherrecognized symbols of humanitarianagencies.

Do not alter your weapons or ammunitionto increase suffering.

Disobedience of the law of war is a crimeand not only dishonours your country andyou but renders you liable to punishmentas a war criminal..

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PART B - PEACE SUPPORTOPERATIONS

DISPATCHES 28

PART NINE - UNITED NATIONSMISSIONS AND THEPEACEKEEPER'S CONVENTION

United Nations Missions

The first stated purpose of the United Nations(UN) under Chapter 1 of the Charter of the UnitedNations (referred to as Charter), is to maintaininternational peace and security. Primaryresponsibility in this regard is conferred on the UNSecurity Council.

Chapters VI and VII of the Charter specificallyaddress how international peace and security shouldbe maintained. Traditional peacekeeping operationshave been authorized under Chapter VI, "PacificSettlement of Disputes", and have been based onthree basic principles found to be essential for thesuccess of a peacekeeping mission: the consent ofthe parties, impartiality, and the non-use of forceexcept in self-defence. When these principles aremet the role of peacekeeping troops can becompared to that of an umpire or a referee. As such,the peacekeeping troops would not be consideredcombatants as this term is understood underinternational humanitarian law and the laws of armedconflict.

In recent years, a new political climate hasemerged. Peacekeeping operations have beengiven additional mandates, some of which haverequired the use of force, thus jeopardizing the threeessential principles to a successful peacekeepingmission. Such enhanced peacekeeping missionshave colloquially been referred to as "Chapter VI anda half" operations. They are considered to fall short offull combat and peace enforcement.

If peaceful means fail to resolve a conflictwhich the Security Council has determined to be athreat to international peace and security, theSecurity Council must consider taking action underChapter VII of the Charter, "Action With Respect toThreats to the Peace, Breaches of the Peace andActs ofAggression.”

DISPATCHES 29

Action taken by the Security Council under thisChapter does not necessarily dictate the use of armedforce. It may involve less aggressive measures such assanctions or other punitive steps. On the other hand, theSecurity Council is authorized to take such action by air,sea, land or land forces as it considers necessary tomaintain or restore international peace and security.One must not assume simply because a UN Resolutioninvokes Chapter VII, that the offensive use of force isautomatically authorized or that the UN personnelautomatically become combatants. An example toillustrate this is the UNPROFOR mandate in Croatiawhich was initially established under Chapter VI of theCharter. Subsequent Security Council resolutionsinvoked Chapter VII. However, at no time was the Forcespecifically authorized to use force in order to dischargeits mission. Whether military forces are consideredcombatants under a Chapter VII operation will bedetermined by the specific mandate provided to them bythe Security Council.

This having been said, it must be noted that thereis much debate in the international community as to whenthe laws of armed conflict and international humanitarianlaw apply to military forces operating under UN SecurityCouncil mandates. The International Committee of theRed Cross, for example, maintains the view that the lawsof armed conflict are applicable to all UN military forcesregardless of whether they are operating under ChapterVI or Chapter VII. Canadian Forces policy does notsubscribe to this view.

Canadian peacekeeping troops operating underChapter VI or Chapter VII mandates where the use ofoffensive force is authorized are bound to

but thiswould not extend to applying strictly all of the provisionstherein. For example, where a non UN person isdetained by a UN military force, the detainee is notconsidered a prisoner of war within the custody of the UNforce nor would he be entitled to demand prisoner of warstatus in relation to his treatment while in UN detention.However, he must be treated fairly, humanely and, at thevery least, in accordance with the spirit and intent of theprinciples set out in the Third 1949 Geneva ConventionRelative to the Treatment of Prisoners of War.

not apply thespirit and intent of the laws of armed conflict

DISPATCHES 30

Similarly, it is Canada's position thatpeacekeeping forces who may be detained or takenhostage by a local war faring faction are as aminimum,

. Underno circumstances, however, is a UN peacekeeper takenhostage to be considered a prisoner of war. On the otherhand, when UN forces are operating under a UNmandate by which they are actively engaged in militaryoperations as combatants against another military force,they must comply with all the obligations and provisionsof the laws of armed conflict. They are equally entitled tothe full benefits of those provisions.

While the character of peacekeeping hasevolved, so too has the risk to the safety and security ofUN personnel. With a view to ameliorating this risk, on 9December 1994, the UN General Assembly adopted aconvention entitled "The Convention on the Safety ofUnited Nations and Associated Personnel" (frequentlyreferred to as the "Peacekeepers Convention").

The conduct of combatants in armed conflicts isregulated by international humanitarian law and the lawsof armed conflict, but

or other humanitarian missions. TheConvention is aimed at the safety of two groups: "UNpersonnel", which means members of the military, policeor civilian components and other UN officials and expertson mission in the area where a UN operation is beingconducted; and "associated personnel", who areassigned or engaged to carry out activities in support ofthe fulfilment of UN operations by or with the agreementof the UN.

The Convention applies to operationsestablished under the Charter and conducted under UNauthority and control, or where the Security Council or theGeneral Assembly has determined that there is anexceptional risk to the safety of personnel participating inan operation.

entitled,to the treatment afforded prisoners of war:

humane treatment, medical care and safety

The UN Convention on the Safety of United Nationsand Associated Personnel

there is no specific internationalinstrument which prohibits or provides a legalremedy for attacks on UN personnel involved inpeacekeeping

DISPATCHES 31

The Convention does not apply to a UNoperation authorized by the Security Council as anenforcement action under Chapter VII in which thepersonnel are engaged as combatants againstorganized armed forces and to which the law ofinternational armed conflict applies.

The Peacekeepers Convention imposesduties on States Parties to the Convention to take allappropriate measures to ensure the safety andsecurity of UN and associated personnel. It sets outspecific crimes against UN and associated personneland imposes an obligation on States Parties to makesuch acts crimes under their national law and to makethem punishable by appropriate penalties which takeinto account their grave nature. The Convention alsocreates obligation upon States Parties to eitherprosecute alleged offenders present in theirterritories or to take steps to extradite them.

The peacekeepers Convention is not in forceas an instrument of international law at this time. Ithas been signed by 35 countries and has beenratified by seven. It will not enter into force until 22states have ratified it. Canada has signed theconvention but has not yet ratified it.

DISPATCHES 32

PART TEN - RULES OFENGAGEMENT (ROE)

In Dispatches Vol 3 No 1, we outlined how toconduct live fire ROE ranges during pre-deploymenttraining for UN operations. In keeping with the topicof ROE, the aim of this section is to briefly review thepurpose of the "Soldier's Card", as issued forUN/NATO operations, and provide a sample card.

Prior to deploying on an operation, it is crucialthat you understand the difference between theSoldier's Card and the ROE. The card is an

. It is the main ROE document for anoperation. Furthermore, it should not be thought ofas the card you turn to when faced with a situationrequiring decisive action on your part. Rather, thinkof it as an annex to the main ROE document. Thislatter document is normally very large and is theultimate source of information on the ROE pertainingto a specific operation. All ROE training should bebased on this document as it tells a soldier exactlywhat he/she is permitted to do in a given situation

The Soldier's Card is designed so that youcan easily carry it while performing your duties. Itshould be used as a vehicle to promote discussionduring "slow" periods on an operation. For example,if you are on OP duty during a period with noappreciable activity, use the Soldier's Card to refreshyour memory of the ROE. Use it to discuss parts ofthe ROE with your peers. Think of "what if" scenariosand how you would deal with the situation IAW theROE. If you come up with questions or find parts ofthe ROE unclear, excellent. Use the chain ofcommand to answer your questions ASAP. Whensmall arms rounds are flying over your OP, it is not thetime to find out that you do not quite understand whenyou can use deadly force!

The following Soldier's Card (pages 33-36)was issued to the personnel deploying on OpPalladium in the Republic of Bosnia-Hercegovina inearly January 1997. It is provided to show you arecent example of a mission specific Soldier's Card.

aide-mémoire not

DISPATCHES 33

In future ALLC publications, we will addressthe topic of ROE in more detail by reviewing some ofthe main definitions crucial to understanding itsapplication. Terms such as minimum force,proportionality, deadly force, hostile intent, non-deadly force, and hostile act, are examples ofimportant definitions we will cover.

. Nothing in the Op Palladium ROElimits your right to use force, up to and includingdeadly force, to defend yourself, others in your unitand friendly forces from an immediate threat of deathor grave injury, leaving no other choice or time fordeliberation.

1. . The use of force, up toand including deadly force, is authorized:

To defend with designated specialstatus (see note 1) from an immediate threatof death or grave injury.

To defend with designated specialstatus (see note 1) from an immediate threatof theft or destruction.

Toby an individual who threatens to

commit or is committing an act which couldcause death or grave injury.

To givenby an on-scene commander under othersituations.

Self Defence

DEADLY FORCE

persons

property

prevent the commission of seriouscrimes

carry out lawful assigned duties

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If you are a junior leader, the next time you have a"Troop Leader's Hour", grab this issue of Dispatches,photocopy the Code of Conduct below, distribute it to yoursub-unit, and use it to start a discussion of the Code.

CCSFOR Soldier's Card

DISPATCHES 34

Note 1

NON-DEADLY FORCE

ONLY NON-DEADLY FORCE IS AUTHORIZED TOSTOPAFLEEING DETAINEE

MINIMUM FORCEnever

STEPS IN APPLYING FORCE

verbal/visual warningschallenges

physical means

: Persons and property with designatedspecial status are authorized by the commander on acase-by-case scenario. For example, journalists, aidworkers, UN compounds and equiment may begranted special status which may be authorized to bedefended by deadly force.

2. . The use of non-deadly force is authorized:

To defend force property from an immediatethreat of theft or destruction.

To detain anyone who obstructs friendlyforces, enters or attempts to enter an areacontrolled by friendly forces or commits orthreatens to commit a serious crime.

To search anyone who is detained or anyperson or vehicle where, in the course ofconducting authorized duties, you havereasons to suspect the presence of arms,ammunition or other military equipment.

To carry out lawful assigned duties underother situations.

3. . The use of authorizedforce must be more than what is necessaryand reasonable based on the prevail ingcircumstances. This is the overriding considerationin any use of force by CCSFOR personnel. In certaincircumstances, deadly force may be the appropriatelevel of minimum force.

4. . Unless anattack comes so unexpectedly that even a moment'sdelay could lead to death, grave injury, destruction ortheft of property with designated special status, anyforce used shall be applied in the following sequence:

Repeated oruntil it is clear they were seen or

heard.

Use of such as pushing,lesser forms of striking or restraining, if it issound and appropriate to do so.

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DISPATCHES 35

UNLESS YOU ARE AUTHORIZED TO USEDEADLY FORCE OR UNLESS SPECIFICALLYAUTHORIZED BY THE ON-SCENE COMMANDER,YOU WILL NOT PROCEED BEYOND THIS POINT

show theresolve to use deadly force.

Warning shot

Deadly force

WEAPONS CONTROL MEASURES

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�

�

Loading and aiming of weapons to

at a safe point of aim.

. If you have to open fire, fireonly aimed shots, fire no more rounds thannecessary, take all reasonable efforts to avoidcollateral damage, and stop firing as soon asthe situation permits.

5. . Youwill be told what measures to adopt by the on-scenecommander with respect to the state of readiness ofpersonal weapons.

6. The use of force shall be recorded andreported to your chain of command.

7. The use of force is always controlled by theon-scene commander.

8. It is critical that all CCSFOR personnel be wellinformed of persons and property having specialdesignated status.

9. All CCSFOR personnel shall abide by thefollowing Code of Conduct.

DISPATCHES 36

Code of Conduct

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Engage only opposing forces and militaryobjectives.

To achieve any military objective, use only thenecessary force that causes the least amountof collateral damage.

Do not alter your weapons or ammunition toincrease suffering.

Collect all the wounded and sick and providethem with the same treatment, whether friendor foe.

Treat all civilians humanely.

Respect civilian property. Looting isprohibited.

Do not attack those who surrender. Disarmthem and detain them.

Treat all detainees, without adversediscrimination, in accordance with thestandard set by the Third Geneva Convention.They are to be treated humanely and affordedadequate food, water, shelter, protection andmedical care. Detainees will not be tortured orphysically abused in any way.

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

Respect all persons and objects bearing theRed Cross/Red Crescent and other recognizedsymbols of humanitarian agencies.

Report and take appropriate steps to stopbreaches of these rules. Disobedience of theLaw of Armed Conflict is a crime, it adverselyaffects the accomplishment of the mission,discredits the Force and renders you liable topunishment.

You will note that the Code of Conduct is verysimilar to the Soldier's Rules listed on page 26. By andlarge, the two are the same, however, the terminologyused in the Code required "fine tuning" due to thedifference between the laws of armed conflict and peacesupport operations.

DISPATCHES 37

PART ELEVEN - CONCLUSION

In this issue of Dispatches, we have reviewedsome of the elements of the laws of armed conflict.We have outlined the sources derived fromcustomary international law, the Law of the Hagueand the Geneva Conventions with their AdditionalProtocols. We have detailed the most applicablerules and set out the 11 Soldiers' Rules designed toassist soldiers in determining what is properbehaviour during challenging circumstances.Furthermore, we have discussed UN missions andhow peacekeeping operations differ from full combatand peace enforcement operations. Finally, we haveintroduced the Peacekeeper's Convention and brieflyreviewed the purpose of the "Soldier's Card".

As Canada is bound by certain internationalobligations, so too are our soldiers during war. Your

, as part of the range of skillsnecessary to be a soldier,

This is an essential ingredient ofyour professional knowledge. It is imperative thatyou know the law of armed conflict.

membership in the military profession requiresthat you have

an awareness of andrespect for the law.

DISPATCHES 38

PART TWELVE - WHAT'S NEW

In February 1997, the ALLC distributed twonew issues of The Bulletin. Vol 3 No 3 is entitled"Dealing with Hijacking Situations" and its purpose isto provide suggested actions to all soldiers whenconfronted with a hijacking situation. Vol 3 No 4,"Tunnel Vision with the C79 Optical Sight", is basedon an observation made by members of 1 RCRduring live fire section attack training.

In March 1997, the ALLC completed theLessons Learned Information Warehouse (LLIW)Version 3. It contains an additional 20,000 newpages of data for a total of over 160,000 pages ofoperational, training, allied, intelligence, historical,doctrinal and corps/branch specific publications.The LLIW has also been improved based onfeedback from previous versions. Version 3 uses anew operating system called GREENBOOK whichprovides users with a significant increase in capabilityin comparison to previous MEGATEXT versions ofthe LLIW. Ask your chain of command about the copynearest you!

DISPATCHES 39

PART THIRTEEN - DOCUMENTATION& REFERENCES

DCDS Letter Legal Issues in the CF, Joint andCombined Operations dated 5 February 1996

B-GG-005-004/AF-005 dated 1996-10-01, Use ofForce in CF Operations, Volume 1

PXR Ex Venom Strike

Canadian Forces Law of Armed Conflict Manual(Second Draft)

Basic Rules of the Geneva Conventions and TheirAdditional Protocols (ICRC)

You and the Law of War

ALLC LLIW Version 2

The ALLC would like to thank Reuters forallowing us to use the picture of Captain Rechnerin this issue.

Vol 4 No 2 Contributors

LCol T. Battista, Commandant CF School ofIntelligence and Security

LCol J. Holland, Director of Law/Training

LCol M. Macdonald, DLaw/International

Maj J. Perron, DLaw/Operations

Maj G. Herfst, DLaw/Operations 2

Maj J.S. Bourgon, DLaw/Operations 3

Office of the Judge Advocate General

DISPATCHES 40

DOCUMENTATION & REFERENCES

ALLC PUBLICATIONS LIST

DISPATCHES

TRAINING POSTERS

THE BULLETIN

SOFTWARE

ANALYSIS

Vol 1 - Convoy OperationsVol 2 - Mine Warfare During Peace Support Operations

Vol 3 No 1 - Training for OperationsVol 3 No 2 - Training for OperationsVol 4 No 1 - Operations in the FRY

Vol 4 No 2 - The Law of Armed Conflict, Peace SupportOperations and You

001 - Mine Incidents002 - Negotiator's Checklist003 - Section Trauma Kits004 - Operational Safety

Vol 1 - Introduction to the ALLC and the Lessons LearnedProcess

Vol 2 No 1 - Cold Weather OperationsVol 2 No 2 - Zero Template House Clearing Range

Vol 3 No 1 - Electronic Post Exercise ReportVol 3 No 2 - Empty Offices to CD ROMs

Vol 3 No 3 - Dealing With Hijacking SituationsVol 3 No 4 - Tunnel Vision with the C79 Optical Sight

Prototype - Lessons Learned Information Warehouse (LLIW)Version 2 - Lessons Learned Information Warehouse (LLIW)Version 3 - Lessons Learned Information Warehouse (LLIW)

ALLC Initial Analysis Report - Common Issues -Operations in the FRY

DISPATCHES 41

DOCUMENTATION & REFERENCES

ALLC CONTACT NUMBERSCFB KINGSTON (613) 541-5010AUTOVON/CSN/DSN 270-5010Fax - Direct Dial (613) 541-5983E-mail (Internet) allc@allc.com

Director - LCol PA Cunningham:5986

SO Operations - Maj FM Aubin:5985

SO Training - Maj RE Hook:5867

SO Production - Capt DG Morison:5918

SO Administration - Capt RP Paquin:5981

Clerk - MCpl AP Crawley:5984

Any comments or suggestions may beforwarded to Editor Dispatches, Capt DG

Morison.