By Steven Edwards
Toronto National PostAugust 11, 1999
The United Nations has decided it is forbidden for its commanders to send troops into battle with the order: "No Survivors." A new UN combat code that will come into force tomorrow also forbids UN soldiers from killing civilians, indulging in acts of rape, and mistreating the sick, the wounded or anyone taken prisoner. Such rules may seem pretty obvious for members of any decent society, and especially for a humanitarian organization such as the UN. The rules mirror doctrine set out in the Geneva Conventions, which the UN did not sign, because it is not a state.
There is only one flaw with the UN rules: They cannot be enforced. The UN itself has no jurisdiction over individual members of its military forces. Consequently, individual governments must be relied upon to punish their troops if they get out of line.
Canada did just that after members of the elite Canadian Airborne Regiment assaulted Somali civilians -- and even had a teen-age boy die in their custody -- during a peacekeeping operation in Somalia in 1993. UN rules or no UN rules, the soldiers responsible for the assaults were court-martialled and the regiment was disbanded. But violations by troops from countries lacking Canada's respect for the law may continue to go unpunished. "The Canadian cases were reported by the Canadian media," a UN official noted yesterday. The publicity prompted public outrage and forced government action.
That wouldn't happen in many countries, where a more autocratic government would be inclined to ignore military abuses. Nonetheless, Canada yesterday welcomed the rules, which will come into effect 50 years to the day after the signing of the Geneva Conventions. "It is always good for the UN to ensure that Geneva Convention rules are respected by UN peacekeepers," said Stewart Wheeler, a spokesman for the Department of Foreign Affairs in Ottawa. He said the rules would not automatically become Canadian policy, but "would be used to inform that policy," adding that "Canadian military doctrine and rules of engagement are often more restrictive than recommendations coming out of New York." The UN official said the rules had been five years in the making, mainly because some countries had "a philosophical objection" to describing the blue-helmeted UN peacekeepers as combatants.
To compensate for its inability to enforce the rules, the UN hopes countries contributing peacekeeping troops will agree to "report on steps taken against suspected violators." The rules also forbid troops from launching attacks that might cause long-term environmental damage or destroy culturally important structures, such as churches or monuments of art. Using chemical, biological or other internationally banned weapons -- including landmines -- is also prohibited.