CIJR | Canadian Institute for Jewish Research
L'institut Canadien de Recherches sur le Judaisme

Analysis

Respecting International Law Would Mean Disregarding ICC Warrants Against Israeli Leaders

ICC issues arrest warrants for Netanyahu, Gallant | SOURCE:  Free Malaysia Today
ICC issues arrest warrants for Netanyahu, Gallant | SOURCE: Free Malaysia Today

David Matas

National Post, December 15, 2024

“The Government of Canada should reverse its stance on the ICC arrest warrants issued against Netanyahu and Gallant.”

The International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant for alleged war crimes and crimes against humanity. Prime Minister Justin Trudeau said Canada will abide by the ICC’s decision, stating that, “We stand up for international law, and we will abide by all the regulations and rulings of the international courts.”

Those are inconsistent statements. In this instance, standing up for international law means refusing to respect these warrants.

For one, respecting the warrants flies in the face of Canadian sovereignty. Canada does not recognize Palestine as a state. The ICC does. It is on this basis that the ICC claims to have jurisdiction over this case.

That ICC recognition cannot usurp or change Canada’s non-recognition. The ability to recognize other states belongs to Canada as a sovereign state. By respecting these warrants, Canada is abdicating its sovereign power to choose for itself which entities it does and does not recognize as a state. …SOURCE

David Matas is an international human rights lawyer based in Winnipeg and senior honorary counsel to B’nai Brith Canada.

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