ICC's decision to seek warrants for both Israeli and Hamas leaders is 'troubling,' Trudeau says
Foreign affairs minister says Canada respects the independence of the International Criminal Court
Prime Minister Justin Trudeau says it's "troubling" that arrest warrants are simultaneously being sought for Israeli and Hamas leaders at the International Criminal Court (ICC).
"I've said from the very beginning how important it is that everyone respect and abide by international law," he said during a press conference Tuesday.
"What I will say is troubling, though, is the sense of an equivalency between the democratically elected leaders of Israel and the bloodthirsty terrorists that lead up Hamas. I don't think that's helpful."
On Monday, the ICC's top prosecutor, Karim Khan, sought warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant, accusing them of committing multiple offences since Israel declared war on Hamas in response to the Oct. 7 attacks.
Khan also applied for warrants for Hamas leader Yahya Sinwar, Mohammed Diab Ibrahim al-Masri (also known as Mohammed Deif), the commander-in-chief of Hamas's military wing, and Ismail Haniyeh, head of the Hamas political bureau, for crimes committed in Israel and Gaza.
The U.S. rejected the move to implicate Israel alongside Hamas. France and Belgium supported the decision, while Germany said it respects the court's independence.
Foreign Affairs Minister Mélanie Joly said Canada also respects the ICC's independence and the government is monitoring the situation.
"All parties must make sure that they abide by international law," Joly told reporters outside of the House of Commons on Tuesday.
"We are closely monitoring the process."
Israel launched its war in response to an Oct. 7 cross-border attack led by Hamas that killed roughly 1,200 people, mostly civilians, and took 250 others hostage.
The Israeli offensive has killed over 35,000 Palestinians, at least half of them women and children, according to the latest estimates by Gaza health officials. The Israeli military operation has also triggered a humanitarian crisis in Gaza, displacing roughly 80 per cent of the population and leaving hundreds of thousands of people on the brink of starvation, according to UN officials.
Speaking of the Israeli actions, Khan said in a media statement that "the effects of the use of starvation as a method of warfare, together with other attacks and collective punishment against the civilian population of Gaza are acute, visible and widely known.
"They include malnutrition, dehydration, profound suffering and an increasing number of deaths among the Palestinian population, including babies, other children, and women."
The United Nations and other aid agencies have repeatedly accused Israel of hindering aid deliveries throughout the war. Israel denies this, saying there are no restrictions on aid entering Gaza; it accuses the United Nations of failing to distribute aid. The UN says aid workers have repeatedly come under Israeli fire and ongoing fighting and a security vacuum have impeded deliveries.
Of the Hamas actions on Oct. 7, Khan, who visited the region in December, said that he saw for himself "the devastating scenes of these attacks and the profound impact of the unconscionable crimes charged in the applications filed today.
"Speaking with survivors, I heard how the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness. These acts demand accountability."
The ICC has jurisdiction over four main crimes: genocide, crimes against humanity, war crimes and crimes of aggression. It tries individuals accused of any one of these crimes when warranted, but not a state, government or political group.
The court currently has 124 member nations, including Canada.
Israel is not one of them; neither is the U.S. So even if the arrest warrants are eventually issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But the threat of arrest could make it difficult for the Israeli leaders to travel abroad.
It might take months for the court to reach a decision. Joly wouldn't comment on whether Canada would execute an ICC arrest warrant issued for any of the Israeli leaders, saying the scenario is a "hypothetical" at this point.
As for the Hamas leaders, she said they wouldn't be allowed to enter Canada in the first place.
"Hamas can't come to Canada, it's a terrorist organization," she said.
Israel is also facing a South African case at the International Court of Justice (ICJ) accusing Israel of genocide. Israel denies those charges.
ICJ cases involve disputes between countries, while the ICC can prosecute individuals for offences in accordance with the Rome Statute, the ICC's founding treaty. The Hague in the Netherlands is home to both courts.
The Liberals and NDP passed a parliamentary motion in March that calls on Canada to "support the work of the International Court of Justice and the International Criminal Court."
NDP Leader Jagmeet Singh criticized the Liberals for not taking a stronger position on the ICC case.
"Canada should show leadership and say very clearly that we would support the decision and execute whatever the decision is," he told reporters Tuesday.
Conservative foreign affairs critic Michael Chong called the application for the warrants against Israeli leaders "outrageous."
"The false equivalency drawn between elected leaders of a democracy, the state of Israel, and autocratic, genocidal Hamas terrorists is wrong and Conservatives unequivocally reject it," Chong said in a statement.
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With files from The Associated Press and The Canadian Press