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Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III). Geneva, 10 October 1980.
"1. It is the understanding of the Government of Canada that: (a) The compliance of commanders and others responsible for planning, deciding upon, or executing attacks to which the Convention and its Protocols apply cannot be judged on the basis of information which subsequently comes to light but must be assessed on the basis of the information available to them at the time that such actions were taken; and (b) Where terms are not defined in the present Convention and its Protocols they shall, so far as is relevant, be construed in the same sens as terms contained in additional Protocol I to the Geneva Conventions of August 12, 1949. 2. With respect to Protocol I, it is the understanding of the Government of Canada that the use of plastics or similar materials for detonators or other weapons parts not designed to cause injury is not prohibited. 3. With respect to Protocol II, it is the understanding of the Government of Canada that: (a) Any obligation to record the location of remotely delivered mines pursuant to sub-paragraph 1 (a) of article 5 refers to the location of mine fields and not to the location of individual remotely delivered mines; (b) The term "pre-planned", as used in sub-paragraph 1 (a) of article 7 means that the position of the minefield in question should have been determined in advance so that an accurate record of the location of the minefield, when laid, can be made; (c) The phrase "similar functions" used in article 8, includes the concepts of "peace-making", preventive peace-keeping and peace enforcement" as defined in an agenda for peace (United Nations document A/47/277 S/2411 of 17 June 1992). 4. With respect to Protocol III, it is the understanding of the Government of Canada that the expression "clearly separated" in paragraph 3 of article 2 includes both spatial separation or separation by means of an effective physical barrier between the military objective and the concentration of civilians."
SOURCE: Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 1994, United Nations, New York, pp. 912 and 913.
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