Canada will “abide” by the ICC decision to arrest Israeli Prime Minister Netanyahu on charges of war crimes, Trudeau said last week. Supporting the rule of law “is just who we are“, he added. But pressures are mounting both inside and outside Canada for him to back off. Read more.
Many Canadians were pleased when Prime Minister Justin Trudeau affirmed that Canada will “abide” by an International Criminal Court (ICC) arrest warrant for Israeli Prime Minister Benjamin Netanyahu, the day after the court released its decision.
“We stand up for international law, and we will abide by the regulations and rulings of the international courts,” Trudeau said. “This is just who we are as Canadians.”
But almost as soon as he said it, opposition began to grow. He is now under intense domestic and external pressure to back off.
The Centre for Israel and Jewish Affairs (CIJA) was outraged, calling it a “perversion of Justice”. “We are ashamed that Canada would align itself with such a politicized decision. By doing so, Canada undermines international law, strains its alliance with the U.S., and harms its relationship with Israel.”
A legal escape route?
Long time Israel lobbyist and lawyer Irwin Cotler argued that the ICC warrant for Netanyahu ignores what he termed the “complementarity” principle.
Cotler told Matt Galloway of CBC’s “The Current” that he believes that Israeli leaders “like those of any other democracy” SHOULD be held accountable for any violations of humanitarian law.
“BUT”, continued Cotler, “The ICC can only intervene if there are no local authorities capable of bringing criminals to justice. Israel has a strong and independent judiciary”, he argued, “Therefore ICC’s warrant against Netanyahu should not apply.” (The link for the full interview can be found HERE. Relevant parts start at the 14 minute mark.)
In fact, the Court had already addressed this point, noting that the complementarity principle “requires genuine domestic investigations and any necessary prosecution of the same individuals for substantially the same conduct.”
Cotler’s claim is that the world can rely on Israel’s judiciary to pursue those accused of violations of international human rights. But this is belied by reports by israeli human rights organizations like B’Tselem which document that Israel’s justice system does not have a record of either defending Palestinian human right or holding Israeli military officials accountable.
Foreign pressures
In addition to domestic pressure, Trudeau needs to also be concerned about foreign efforts to influence him.
Israel’s Ambassador to Canada Iddo Moed released this statement: “We urge the Canadian government to stand firm in its support of Israel’s right to defend itself by rejecting and condemning the ICC’s decision,”. Netanyahu himself has denounced the decision as “antisemitic.’
Meanwhile, bellicose sounds also have been coming from the USA – Israel’s most important ally and backer. Senator Lindsey Graham has threatened to “crush your economy” if Canada helps the ICC arrest Israeli Prime Minister Benjamin Netanyahu. (WOW!!).
Other nations are also stepping away from their obligations to support the ICC. President Macron of France has indicated that while he supports the ICC, France would grant immunity to Netanyahu were he to come to France.
What will Trudeau do?
Prime Minister Trudeau is in a tight spot. Canada is a founding member of the ICC, so it seems important that we support the institution – especially when it makes difficult decisions. But the internal and external pressures on him are significant. He must be hoping that Netanyahu never tries to come to Canada so he will not be put to the test.
(If Netanyahu’s plane ever gets forced to land in Canada for any reason, he would not likely receive the same warm “Come from away” reception that Newfoundlanders gave US passengers when they were stranded after 911.)
But looming over all this is the larger issue of primacy of international law. Will Israel and its backers submit to the will of the Court, or will they wreck the ICC and other institutions the world has worked so hard to create following the horrors of the Second World War?
Canada Talks Israel Palestine (CTIP) is the weekly newsletter of Peter Larson, Chair of the Ottawa Forum on Israel/Palestine (OFIP). It aims to promote a serious discussion in Canada about Canada’s response to the complicated and emotional Israel/Palestine issue with a focus on the truth, clear analysis and human rights for all. Readers with different points of view are invited to make comment.
Want to learn more about us? Go to Ottawa Forum on Israel/Palestine.ca
Canada Talks Israel/Palestine 
Irwin Cotler AGAIN?!?! When this cretin dies, he’ll probably get a state funeral. Maybe two. One here, and one given by his employer (Israel).
Steve
Stephen Hemingway
As a signatory to the ICC ,it is the duty of the government of Canada to abide by the court’s decision . We now await the ICJ court ruling in anticipation .
Thanks for his, Peter. What on earth can we do to support Trudeau…and tell him that he should never renege on his promise! Good to see you the other evening at the UU film showing. Be well. Alex
“The only time it is right to look down at someone is when we are offering our hand to help them get up.” Pope Francis – “Let Us Dream”
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The claim that Israel’s courts would be able to prosecute Netanyahu on a politically heated charge such as this is clearly ridiculous. They cannot even try him for bribery. In the meantime, the governing coalition is trying to weaken the courts even more in the guise of judicial reform.
Justin’s present stand should be praised but I suspect that he will yield and weaken it. .