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Domestic Reception of International Humanitarian Law: UK and Canadian Implementing Legislation

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Chapter Summary

Many International Humanitarian Law (IHL) treaties require the modification of internal legislation, military manuals and other regulations. This chapter examines three treaties or sets of treaties to which both Canada and the UK are parties and for which they have adopted implementing legislation. The first involves the implementation of the Four Geneva Conventions and their Additional Protocols. The second is the International Criminal Court ("Rome Statute") and the third is the Anti-personnel Landmines ("Ottawa") Treaty. This paper is but an introduction to domestic implementation of IHL obligations in general and for Canada and the UK in particular. It appears, however, that where different approaches are permissible according to the international instrument which is being implemented, the simple fact that the legislation is being drafted independently leads to different approaches.

Keywords: anti-personnel landmines; Canada; domestic implementation; Geneva conventions; International Humanitarian Law (IHL); Rome statute; treaties; UK



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