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Published online by Cambridge University Press: 17 February 2009
This note briefly reviews certain aspects of international humanitarian law (IHL) arising from the civilian Commission of Inquiry established in Canada on 20 March 1995 to investigate the role of Canadian forces during the multinational peace operation in Somalia in 1992 and 1993.
After some background information, we focus on two key issues concerning IHL arising from the Commission's work:
(1) The applicability of IHL to a peace operation such as the Canadian deployment to Somalia; and
(2) Canada's obligation to provide IHL training to die members of its armed forces.
We conclude with some observations on die Commission's impact, including die responses of die Canadian government and die Canadian Forces.
1. By Order-in-Council, PC 1995–442, 20 March 1995, pursuant to the federal Inquiries Act.
2. Please note that the expression ‘Law of Armed Conflict’ (LOAC) is used by the members of the Canadian National Defence Forces as referring to International Humanitarian Law.
3. Established by UN SC Res. 751, 24 April 1992.
4. See Dishonoured Legacy, Report of the Commission of Inquiry into the Deployment of Canadian Forces to Somalia(Canadian Government Publishing, 1997)Google Scholar.
5. The entire report of the Commission of Inquiry into the Deployment of Canadian Forces to Somalia is available in a bilingual French and English CD-ROM format. The CD-ROM is entitled ‘Information Legacy’ and contains: the Commission's Report, the Research Studies, the Hearing Transcripts of the Inquiry, Evidentiary Exhibits, Transcripts of the Courts Martial, Transcripts of the Board of Inquiry, Written Submissions and Historical Documents of the Somalia Inquiry. Parts of the Report are also available at the website of the Department of National Defence of Canada at: www.dnd.ca.somaliae.htm (for the English version) and at: www.dnd.ca.somaliaf.htm (for the French version).
6. Simpson, James M., Law Applicable to the Canadian Deployment in Somalia 1992/1993, Study prepared for the Commission of Inquiry into the Deployment of Canadian Forces to Somalia, (Canadian Government Publishing, 1997)Google Scholar.
7. Her Majesty the Queen v. Private D. J. Brocklebank, Court Martial Appeal Court of Canada, April 2, 1996. For an analysis of this decision, see Boustany, , infra, p. 371Google Scholar.
8. R.S.C., 1985, N–5, section 124.
9. Simpson, Study, supra n. 6, at p. 28Google Scholar.
10. Ibid.
11. Ibid., at p. 18.
12. Ibid.
13. Ibid., at p. 24.
14. Ibid., at p. 27.
15. Ibid., at p. 613.
16. See Morneault v. Canada [Attorney General] 1998 F.C.J, No. 501, 27 April 1998.
17. See Report, Vol. 2, Ch. 21, fan. 373–375, and related text.
18. A commitment to change. Published by Canada's Department of National Defence, October 1997. Available on the national Defence website: www.dnd.ca.
