Chapter 2 – Responsibilities of Commanders

Section 1
Responsibilities

1. CAF commanders must comply with LOAC and ensure that those they command comply with LOAC. In particular, CAF commanders must:

• respect LOAC;
• ensure that those they command are aware of their LOAC obligations;
• prevent those they command from breaching LOAC;
• report potential breaches of LOAC to competent authorities; and
• address breaches of LOAC when they occur (e.g. take disciplinary and/or penal action).^{Footnote 1}

2. CAF commanders who fail to meet these responsibilities may face disciplinary and/or penal consequences.^{Footnote 2}

Section 2
LEGADs

3. CAF commanders have access to legal advice to support them in meeting their responsibilities. Legal Advisors (LEGADs) from the Office of the Judge Advocate General (OJAG) provide advice and support to CAF commanders on the application of LOAC and on the appropriate LOAC training to be given to CAF members.^{Footnote 3}

Section 3
Practical Considerations

4. In meeting their LOAC responsibilities, CAF commanders are expected to:

• plan for LOAC compliance by integrating LOAC into all phases of an operation from planning to execution, and by anticipating and preparing for LOAC scenarios that may arise;
• train subordinates on their LOAC obligations through the use of scenario discussions or other means that encourage and empower them to confidently apply LOAC consistent with their commander’s intent, especially in situations with no clear-cut answers; and
• establish necessary procedures to keep informed of and to address matters under their command, including those aspects of an operation that may pose an elevated risk of LOAC violations, such as detention.

Section 4
Interoperability

5. Not all States are party to the same LOAC treaties as Canada. In some cases, LOAC obligations that apply to CAF members may differ from those that apply to allied or partner forces. To facilitate interoperability, CAF commanders should take steps to understand these differences and appropriately factor them into training and operational planning.

6. CAF commanders who become aware of potential LOAC violations by allied or partner forces are to report these up the CAF chain of command. Orders will specify any additional direction and guidance that may be necessary to address the context of specific operations.