Pledge on the Promotion of International Humanitarian Law

Mesures prises:

The Government of Canada (GoC), in partnership with the Canadian Red Cross (CRC), undertook to promote awareness with the general public, and young people in particular, of the principles and rules of international humanitarian law (IHL) by working together to increase public discourse and dialogue on humanitarian concerns related to IHL and principles; and to continue the cooperation between the CRC and the GoC in the promotion of humanitarian education activities across Canada. 

In the reporting period, the GoC took action to implement the joint pledge on the promotion of IHL, although its early efforts were somewhat slowed by the COVID-19 pandemic. Examples include: 

(1) Promoting Public Awareness of IHL  

• In September 2021, Canada participated in the UNGA high level meeting on International Humanitarian Law, Enhancing Monitoring, Improving Compliance led by France and Germany, which focused on enhancing the monitoring of violations of international humanitarian law (IHL) and closing existing gaps in data collection and analysis on IHL violations, with a view to strengthening accountability and ending impunity. 

• In 28 April 2022, the GoC published a statement on international law applicable in cyberspace. This statement sets out Canada’s current view on the law, acknowledging that IHL applies to cyber activities conducted in the context of both international and non-international armed conflicts. 

• All Canadian Armed Forces (CAF) members receive mandatory IHL training throughout their careers, starting with instruction provided during their basic training courses. They then receive IHL training as part of their pre-deployment training for military operations in which international humanitarian law may apply. The IHL training regularly undergoes review and is updated to reflect developments in policy and the law and to account for current humanitarian concerns.  

• As part of pre-deployment training for the CAF, the Canadian Peace Support Training Center (PSTC) currently delivers lessons on human rights, protection of civilians, WPS, conflict-related sexual violence, child protection and SEA and human trafficking, based upon the training material provided by the UN DPKO Integrated Training Service. These topics have increased in importance in recent years and will continue to evolve and take on greater significance as the UN Security Council continues the adopted practice of invoking Chapter VII of the Charter (peace enforcement mandate) when authorizing the deployment of UN peacekeeping operations into volatile post-conflict settings where the State is unable to maintain security and public order. 

• In coordination with the CRC, Office of the Judge Advocate General (OJAG) instructors share their experiences of putting IHL into practice and how the CAF implement IHL in their training, policy, doctrine and practice. Over the reporting period, OJAG legal officers participated in, and presented at, the following events accessible throughout Canada given the virtual format: 

• • Exploring Humanitarian Law Educator Training (Virtual), November 10th 2020 

• • Exploring Humanitarian Law Educator Training (Virtual), August 11th 2020 

• • Exploring Humanitarian Law Educator Training (Virtual), November 10th 2020 

• • Exploring Humanitarian Law Educator Training (Virtual), November 12th 2020 

• • Exploring Humanitarian Law Educator Training (Virtual), January 12th 2021 

• • Exploring Humanitarian Law Educator Training (Virtual), April 13th 2021 

• Throughout the reporting period, the OJAG reviewed IHL training material for Canada’s partners involved in international operations to ensure the training packages are tailored to better address potential IHL issues they are facing.    

• In 2023, the OJAG launched a review of its IHL training manuals, which aims to incorporate revised material that will highlight protection of vulnerable groups and the importance of accountability.   

• The Canadian National Committee on Humanitarian Law (CNCHL) is mandated to promote the dissemination of IHL, including to the general public. It has engaged in various activities including supporting workshops and presentations related to IHL. The CNCHL is preparing its inaugural “Voluntary Report on the Implementation of International Humanitarian Law (IHL) at the Domestic Level”. Once published, this voluntary report will serve as a useful reference for the concrete steps Canada has taken to implement its IHL obligations and related commitments.   

• The Office of the Judge Advocate General (OJAG) of the Canadian Armed Forces (CAF) has been contributing to the ICRC’s efforts to update the Commentary to the Fourth Geneva Convention by providing a peer reviewer. The Fourth Geneva Convention addresses the protection of civilians during wartime and contains several provisions on the protection of women and other groups at risk of experiencing conflict-related SGBV.  

• In October 2022, the OJAG participated in an expert meeting on understanding and avoiding gendered harm from military operations during armed conflicts, co-organized by the ICRC, the Nordic Centre for Gender in Military Operations (NCGM), and the Swedish Red Cross. The OJAG’s contribution was reflected in the 2023 Report Summary, “Gender Perspectives on International Humanitarian Law”.  

• Addressing conflict-related sexual and gender-based violence (CRSV) is a main objective of Canada’s National Action Plan on Women, Peace and Security (WPS) for 2017-2022. Activities undertaken during the reporting period include:  

• • Supporting the deployment of CRSV experts through UN Women; and supporting investigations and accountability processes in several countries, including Myanmar, Syria, DRC, South Sudan, Burundi, Yemen and Mali.  

• • Supporting UNDP’s work to fight impunity and support survivors of sexual violence in the DRC.  

• • In November 2021, leading the drafting of a public statement of like-minded, including members of the International Atrocity Prevention Working Group, to welcome the OHCHR/Ethiopian Human Rights Commission joint report on violations of international law in Tigray, which concluded CRSV had been committed by all parties to the conflict. The statement urged the governments of Ethiopia and Eritrea to investigate and prosecute perpetrators as well as to provide health care support to victims of CRSV, including psychological support and sexual and reproductive healthcare.  

• • Participated as a “champion” in the UK’s Preventing Sexual Violence Initiative (PSVI).  

• • Supported the deployment of sexual and gender-based violence and other experts to transitional justice and accountability mechanisms through a project with Justice Rapid Response (2017-2018, 2020-21).  

• • Supported the International Committee of the Red Cross’ (ICRC) “Strengthening Response to Sexual Violence” initiative. This program increases the ICRC’s capacity to prevent and reduce sexual violence in armed conflicts, particularly for women and girls who face increased vulnerability in situations of conflict and displacement. 

(2) Cooperating with the CRC to Promote Humanitarian Education Activities  

• The GoC and the CRC are working closely together to promote awareness of the principles and rules of international humanitarian law by delivering the International Committee of the Red Cross (ICRC)’s Exploring Humanitarian Law (EHL) training across Canada. EHL educator trainings are held for high school teachers from a range of subject specialities, including law, social studies, history, civics, global issues, and political science. The goal is to promote the introduction of IHL materials and concepts in the classroom and increase teacher understanding of the main principles of IHL. The Office of the Judge Advocate General (OJAG) of the CAF has offices located in six regions across Canada (Atlantic, Eastern, Central, Prairie, Western and Pacific) and because its legal officers provide unique perspectives and expertise in IHL, they are well placed to work with CRC on this project both virtually as well as in-person.  

• Since 2019, the GoC through a project with Global Affairs Canada has supported the design of the “Forced to Fight” interactive online resource produced by the Canadian Red Cross, which helps educate young students on humanitarian issues, including SGBV, by enabling the user to better understand the experience of youth living in situations of armed conflict around the world. 

• CRC IHL academic conferences, hosted in partnership with post-secondary academic institutions across Canada, provide increased education and professional development opportunities for students, young professionals and the academic community. The conferences are part of an overall public engagement strategy and provides a space to engage the academic community in impartial and neutral discussions on IHL as it relates to contemporary issues. The OJAG has participated in these conferences in order to contribute to the public discourse and dialogue on the importance of compliance with IHL rules and norms. More specifically, OJAG legal officers participated in, and presented at, events throughout Canada, including:  

• • Participation directe aux hostilités : contours et confins de la protection des civils en temps de conflit armé (virtual), UQAM (Montreal), 26 March 2020 

• • Armed Conflict and the Environment (virtual), Dalhousie University (Halifax), 25 September 2020 

• • The Use of Explosive Weapons in Urban Settings (Virtual), UQAM (Montréal), 4 November 2021  

• • Gendered Impacts of Armed Conflicts and Application of IHL, UQAM (Montréal), 1 February 2023 

• • Atlantic International Humanitarian Law Conference, Dalhousie University (Halifax), 21 October 2023 

• • International Law in the Asia-Pacific, Queen’s University (Kingston) 26 October 2023 

• Throughout the reporting period, legal officers from the OJAG participated in lectures in English and in French at the CRC and the University of Ottawa’s Human Rights Research and Education Centre initiative on teaching IHL. In May 2020 and May 2021, the OJAG participated in the online lecture series. Lectures delivered by OJAG legal officers have been made available to the general public on the CRC website. In 2022 and 2023, OJAG legal officers participated as lecturers and guest judges at the “IHL Summer School”. Although the 2020 and 2021 were replaced by the online lecture series due to the global pandemic, the course has since resumed in person. The goal of this course is to offer students and professionals from around the world the fundamentals of IHL.  

• OJAG legal officers have also presented on IHL topics at other university events available throughout Canada given their virtual format: 

• • Use of Force and Lessons from Mali (virtual), Queen’s University (Kingston), May 14th 2021 

• • Careers in International Law Panelist (virtual), Carleton University (Ottawa), December 11th 2020 

• • Spectrum of Conflict and the Mali Example (virtual), Cornell University (USA), October 13th 2020 

• • Use of Force and Lessons from Mali (virtual), Queen’s University (Ottawa), May 14th 2020 

• • Spectrum of Conflict and the Mali Example (virtual), Carleton University (Ottawa), February 3rd 2020 

• The GoC and the ICRC work jointly to offer an annual two-day course on the Protection of Civilians in Armed Conflict for the benefit of GoC employees. The latest course took place in May 2021, representing the fifth year of OJAG involvement, presenting jointly with the CRC. The course offers a critical examination of the legal, policy and operational aspects of humanitarian action aimed at enhancing the protection of civilians in armed conflict and other situations of violence.  

• In September/October 2023, the CAF Military Law Center (CFMLC) welcomed CRC legal advisors to partake in their Legal Officer Qualification Course in an effort to build the relationship with the organization and to share perspectives on IHL training.  

• The CAF has welcomed lectures from CRC legal advisors on the Red Cross and Red Crescent Movement during various courses offered to its members. For instance, during the Intermediate Law of Armed Conflict Course, offered multiple times a year, and which always includes a lecture from a CRC advisor; the annual Interrogators’ Course offered to Intelligence Officers at CFB Kingston; and the annual UN Peacekeepers Course at the Peace Support Training Center. CAF members also regularly participate in the ICRC’s Senior Workshop on International Rules governing Military Operations (SWIRMO).  

Achèvement de la mise en œuvre: