TIME TO COME CLEAN: CANADIAN ARMED FORCES AND THE PROTECTION OF CIVILIANS IN ARMED CONFLICT

An “Occasional Paper” by Dr. Simon Bagshaw.

Click here to download the full paper.

Canada has played an important role in promoting the protection of civilians in armed conflict through its advocacy at the global level. Less attention has been paid, however, to efforts to protect civilians in the context of military operations involving the Canadian Armed Forces (CAF). The importance of international humanitarian law (IHL) or the law of armed conflict and an understanding of the strategic importance of protecting civilians are embedded to varying degrees in CAF doctrine. The CAF also appear to go to significant lengths to ensure understanding and familiarity with IHL or the law of armed conflict, both through training at different levels and through the strategic and operational guidance of legal advisors.

What remains unclear is how these legal, doctrinal and training commitments are translated into practice. What guidance, policies, processes and tools exist at the operational and tactical levels to implement the CAF’s legal and doctrinal commitments to protect civilians during CAF operations and to prevent, mitigate and respond to civilian harm? How effective are these existing measures, and what more could the CAF do to strengthen the protection of civilians?

At the present time, these questions are difficult to address due to a lack of transparency that would otherwise allow for a more comprehensive understanding and assessment of the CAF’s policies and practices. Even so, taking into account the allegations of civilian harm resulting from CAF operations, the current concerns over the adequacy of existing processes and practices used by the armed forces of NATO states, and the ongoing efforts of other states (most notably the US) to strengthen their efforts to prevent, mitigate and respond to civilian harm, it is reasonable to conclude that the CAF could potentially do more to strengthen the protection of civilians in its operations. Increased transparency on the part of both the CAF and the Department of National Defence (DND) would be a crucial starting point for any future policy development, as it would enable a better understanding of the mechanisms that currently exist, their strengths and weaknesses.