Canada
1. Constitutional structure and position of IHL in domestic law
Canada is a federal State. Treaty-making power is vested in the federal government (executive). Implementing legislation is necessary where a treaty affects private rights or otherwise requires changes to domestic law. Such legislation may be enacted by the Federal Parliament or the Provincial Legislatures, depending on the division of powers under the Constitution. Where a treaty does not require implementing legislation, it is as a matter of practice submitted to Parliament for approval before ratification.
Canada ratified the four Geneva Conventions of 1949 on 15 May 1965. They were published as Schedules to the Geneva Conventions Act, 1965 
. Canada ratified Additional Protocols I and II of 1977 on 20 November 1990 and, on the same day, accepted the competence of the International Fact-Finding Commission under Article 90 of Protocol I. The Protocols were published as Schedules to the Geneva Conventions Act as amended in 1990.
2. Implementing institution
The Canadian National Committee on International Humanitarian Law was set up in March 1999 pursuant to the memorandum of understanding of 18 March 1998 between the Departments of Foreign Affairs and International Trade, National Defence and Justice, the Royal Canadian Mounted Police, the Canadian International Development Agency and the Canadian Red Cross Society.
3. Bibliography
- I. COTLER, "Case note on Regina v. Finta [1994] 1 S.C.R. 701, Supreme Court of Canada, March 24, 1994", American Journal of International Law, Vol. 90, 1996, pp. 460-476.
- W. J. FENRICK, "The Prosecution of War Criminals in Canada", Dalhousie Law Journal, Vol. 12, 1989, pp. 256-297.
- L. C. GREEN, "Canadian Law, War Crimes and Crimes Against Humanity", British Yearbook of International Law, Vol. 59, 1988, pp. 217-235.
- J. C. SIMS and J. RIKHOF, "War Crimes and Crimes Against Humanity: The Canadian Experience", in Public Law and Private Rights, Vol. 3, (11th Commonwealth Law Conference) 1996.
- D. SZABO and A. JOFFE, "La répression des crimes contre l'humanité et des crimes de guerre au Canada", in Le crime contre l'humanité, M. COLIN (Dir.), Erès, Ramonville Saint-Agne, 1996, pp. 55-81. 
