Chapter 1 – LOAC Fundamentals

Section 1
Introduction

1. LOAC is the body of international law that regulates the conduct of hostilities during armed conflict. LOAC is found in international agreements, such as the 1949 Geneva Conventions and their Additional Protocols, as well as in customary international law. LOAC places obligations on Canada when Canada is a party to an armed conflict. The Government of Canada meets these obligations by ensuring that CAF members respect LOAC.

2. In any given instance, the specific LOAC obligations that apply will depend in part on the nature of the armed conflict and the domain in which it is being fought. This Handbook focuses on LOAC applicable to land warfare during traditional State-on-State armed conflict, also known as international armed conflict.

Section 2
LOAC Primary Concepts

3. Two primary concepts underpin LOAC: military necessity and humanity. LOAC is often described as a “balancing” of these two concepts.

4. Military necessity is the concept that parties to armed conflict are justified in using force that is necessary to make the enemy submit at the earliest possible moment and with the least possible cost in terms of lives and resources. Military necessity does not justify violation of LOAC.

5. Humanity is related to military necessity and is the concept that parties to armed conflict are forbidden from inflicting suffering, injury or destruction that is unnecessary to make the enemy submit.

Section 3
Applying LOAC

6. In applying LOAC, CAF members will be required to make decisions in urgent and difficult circumstances. CAF members will not be held to a standard of perfection in reaching such decisions. Ultimately, what is required is that CAF members make each decision honestly and reasonably based on the relevant information available at the time.

Section 4
Relationship Between LOAC and Rules of Engagement

7. Rules of engagement (ROE) are orders specifying when CAF members may use force in the context of specific operations, including operations to which LOAC applies. ROE are binding on CAF members and CAF members must obey them.

8. ROE will be consistent with LOAC but are not a source of LOAC. ROE will not authorize the use of force in violation of LOAC. However, ROE may be more restrictive than LOAC if political, diplomatic, operational or other factors so require.