Chapter 1: Introduction

Scope

1. This publication briefly outlines the Code of Conduct applicable to all Canadian Forces personnel taking part in all military operations other than Canadian domestic operations. These various types of domestic operations along with the law applicable to them are described in the CF Operations Manual. The CF Code of Conduct applies to operations where Canada is a party to an armed conflict as well as to peace support operations. A lesson plan for the use of leaders in the training of CF members at the unit level is included at Annex A.

2. This publication has been prepared by the Office of the Judge Advocate General which is the office of primary interest for all matters related to the Law of Armed Conflict. It is issued under the authority of the CDS in accordance with CF policy which states that the CF will apply as a minimum, the spirit and principles of the Law of Armed Conflict in all CF operations other than Canadian domestic operations.

The Reason for a Code of Conduct

3. What is a Code of Conduct? It is a simple and understandable code which is virtually universal in its application and which quickly points to the right choice of conduct when faced with an unusual or doubtful situation.

4. Operational missions often require CF members to make decisions under considerable stress and in times of confusion. Moreover, the course of action one elects to make during operations can have serious consequences. Decisions must often be made very quickly. Compliance with this simple Code of Conduct helps to ensure that split second decisions are consistent with the Law of Armed Conflict and Canadian law.

5. The purpose of the Code, therefore, is to provide simple and understandable instructions to ensure that CF members apply as a minimum, the spirit and principles of the Law of Armed Conflict in all CF operations other than Canadian domestic operations.

What is the "Law of Armed Conflict?"

6. The Law of Armed Conflict is the body of international law which sets out rules of behaviour in an armed conflict. It sets out minimum standards applicable to the conduct of hostilities designed to limit unnecessary human suffering, ensure respect for human dignity, and facilitate the restoration of peace. The Law of Armed Conflict also protects the victims of armed conflicts such as the wounded and the sick, the civilian population and others who are hors de combat (e.g., those who are unwilling or unable to participate further in the conflict). Some of these laws are the result of long standing custom while others have been established by international treaties such as the Hague Rules and the Geneva Conventions.

The Aim Of The Law Of Armed Conflict

7. The aim of the Law of Armed Conflict is to limit the conflict to opposing forces and to limit the extent to which people who are not participants in the conflict become victims. This principle of limiting the death, suffering and destruction caused by armed conflict is the driving force behind the development of international laws for armed conflict. The proper application of the Law of Armed Conflict, however, does not prevent the use of force in the achievement of legitimate military objectives.

The CF Code of Conduct

8. CF members are not expected to know all the details of the various treaties and international customs that make up the Law of Armed Conflict. They are, however, expected to know at least the basic principles which, when followed, will ensure CF members carry out their duties in accordance with the spirit and principles of the Law of Armed Conflict. These principles of the Law of Armed Conflict are set out in the CF Code of Conduct.

9. The CF Code of Conduct consists of eleven rules which capture the essence of the law of Armed Conflict. This Code does not in any way replace or alter the existing treaties and conventions to which Canada is a party. Actually, it represents a summary of the Law of Armed Conflict. It is designed to assist you, your commanders and your fellow members of the armed forces to achieve legitimate military objectives while ensuring operations are carried out in accordance with the Law of Armed Conflict. You must, therefore, know and faithfully comply with these eleven rules.

Peace Support Operations vs Armed Conflict

10. The Law of Armed Conflict 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. The CF will apply, as a minimum, the spirit and principles of the Law of Armed Conflict in all Canadian military operations other than Canadian domestic operations. The significant operational advantage of having one Code applicable to all operations is that there is only one standard to train to. Furthermore, should a CF operation shift from peace support to armed conflict, the Code would continue to apply. It does require CF members however, to understand and be able to apply the eleven rules of the Code to their specific operation.

Rules of Engagement

11. The Law of Armed Conflict is not the only factor governing the use of force by CF personnel during any given operation. 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.

12. ROE are the way in which military commanders control the use of force by their subordinates. ROE are orders and must be obeyed. They are developed by higher command taking into consideration all of the operational, political, diplomatic and legal considerations, including the principles set out in the Code of Conduct, relevant to the successful completion of the overall military mission. CF doctrine requires the issuance of ROE for both armed conflict and peace support operations. This is not something new. Orders from commanders controlling the use of force have existed for as long as there have been military forces. For example, during the American Revolutionary War, William Prescott’s famous order at Bunker Hill was the simple but effective ROE, "Don't fire ‘til you see the whites of their eyes."

13. The requirement that CF members have complete understanding of their ROE cannot be overstated. ROE must be obeyed at all levels. You must study and discuss the ROE for your mission. You must know and understand them. If you are uncertain about your ROE, you must ask for guidance or clarification through your chain of command.

The Role of Leadership and Discipline and The Law Of Armed Conflict

14. Ensuring compliance with the Law of Armed Conflict is a matter of leadership and discipline. The use of military force can never be left uncontrolled. Indeed, strong leadership and discipline ensure that operational aims are achieved through the appropriate use of armed force. You must obey the Law of Armed Conflict. Failure to do so is contrary to the direction of your government; can adversely affect the successful completion of your military mission; dishonours you and your country; and ultimately can leave you or your subordinates open to prosecution.

15. A military unit that obeys the Law of Armed Conflict is one that demonstrates discipline and leadership. This requires training. The responsibility for this training rests with leaders at all levels.

Source

B-GG-005-004/AF-000 CF Operations Manual.