Government ministers served notice of abetting war crimes in Gaza
Canada’s top politicians were recently served a notice of intention to seek prosecution for aiding and abetting Israel’s war crimes in Gaza. Prime Minister Justin Trudeau, Foreign Affairs Minister Mélanie Joly, National Revenue Minister Marie-Claude Bibeau and Justice Minister Arif Virani were warned they could be liable and face charges before the International Criminal Court for aiding and abetting Israeli war crimes.
During the past six weeks Israeli ministers have repeatedly expressed their genocidal intent towards what they’ve called “human animals” in Gaza. Israel has cut off water, food, fuel and electricity to the open-air prison and one minister even declared a desire to “eliminate everything” in the coastal strip of 2.2 million. Tens of thousands of houses, hospitals, Mosques, schools and other buildings have been destroyed. So far over 30,000 Palestinians have been injured and 14,000 killed, including 6,000 children. As the notice to Canadian ministers’ highlights, a director at the United Nations, Craig Mokhiber, called Israeli policy a “text-book case of genocide.”
Ottawa has enabled Israel’s bid to ethnically cleanse Palestinians from a small part of what’s left of their historic homeland. During a visit foreign minister Melanie Joly offered Canada’s approval for Israel’s genocidal siege and violence. In describing the meeting a week into its onslaught, Israel’s foreign minister Eli Cohen boasted, “We continue to mobilize the world for the fight against Hamas! I met today with Canada’s Foreign Minister Melanie Joly, who also came to support Israel.”
At a rhetorical level Trudeau has repeatedly supported Israel’s “right to defend itself” while defence minister Bill Blair declared that “Hamas has to be eliminated.” At the same time Canadian officials have largely refused to condemn Israel’s war crimes and have rebuffed calls for a ceasefire.
At the United Nations Canada abstained on a General Assembly resolution calling for “protection of civilians and upholding legal and humanitarian obligations.” It was backed by 120 countries.
Beyond the diplomatic sphere, Canada has offered more concrete assistance. After Hamas’ October 7 attack the Canadian Air Force flew 30 Israeli reservists back into the country. With flights evacuating Canadians from Tel Aviv to Athens, military aircraft transported Israeli reservists in the other direction.
Alongside assisting Israeli reservists to return, Canadian special forces were dispatched to Israel. The stated reason for the deployment of these soldiers is to assist the embassy with security and evacuations. That may be true. But the Canadians may have a more direct role in Gaza and — at a minimum — the deployment reflects Canada-Israel military co-operation.
Through the Five Eyes and NATO the Canadian military has significant ties with its Israeli counterparts. Bilaterally, Canada and Israel both have military attachés in each other’s countries and top military officials regularly visit each other. The Israeli Air Force trains in Canada and for 15 years Canadian troops training Palestinian Authority security forces in the West Bank have coordinated with their Israeli counterparts. Canada also has a “border management and security” agreement with Israel, even though the two countries do not share a border.
The Canada-Israel Industrial Research and Development Fund has pumped tens of millions of dollars into joint research ventures between the countries’ military companies. In recent years Canada has exported a little more than $20 million worth of arms to Israel annually (Canadian weapons makers sell many millions of dollars more in components to US firms that arm Israel.) But Canada is a signatory to the UN Arms Trade Treaty, which is designed to limit weapons from entering conflict zones and preventing their use by human rights violators.
As detailed in the notice of intention to prosecute, the Trudeau government has failed to fulfill its obligations under the Arms Trade Treaty and Canada’s Export and Import Permits Act despite repeated calls by the opposition NDP to end arms sales to Israel. The intention to prosecute also cites the government’s failure to stop illegal recruitment for the IDF or Canadian charities from unlawfully assisting Israel’s military.
Private organizations and Israeli officials have long recruited in Canada. Three years ago, a multi-faceted campaign was launched calling on the federal government to apply charges under the Foreign Enlistment Act against those “recruiting” or “inducing” Canadians to assist the Israeli military.
The government immediately sought to downplay the issue after they were delivered a formal complaint and an open letter signed by Noam Chomsky, Roger Waters, filmmaker Ken Loach, author Yann Martel and 150 others. Responding to a Le Devoir reporter’s question on the matter then Justice Minister David Lametti simply said, “it’s up to the police to investigate” any violation of an act that states “any person who, within Canada, recruits or otherwise induces any person or body of persons to enlist or to accept any commission or engagement in the armed forces of any foreign state or other armed forces operating in that state is guilty of an offence.”
The Trudeau government hasn’t simply downplayed illegal IDF recruitment. They’ve boosted it. In January 2020 the Canadian embassy in Tel Aviv hosted a pizza party to celebrate the 78 Canadians fighting in the Israeli military.
The government has also been indifferent to other illegal forms of support for the Israeli military. Many of the 200+ Canadian-based Israel-focused registered charities assist the Israeli military in contravention of Canada Revenue Agency (CRA) rules, which state that “increasing the effectiveness and efficiency of Canada’s armed forces is charitable, but supporting the armed forces of another country is not.”
The HESEG Foundation, Canadian Zionist Cultural Association (CZCA) and many other registered charities assist the IDF. But the CRA has been slow to apply its rules to Israel-focused charities.
The Trudeau government’s indifference to Canadian law has enabled Israeli impunity. Ditto for Ottawa’s indifference to international law. In 2020 Ottawa pressed the International Criminal Court to stop investigating Israeli war crimes. Their letter said it didn’t believe the ICC had jurisdiction over Palestine and implied Canada could sever its funding if the ICC pursued an investigation of Israeli crimes. In a similar move, three months ago Ottawa sought to block a World Court opinion on Palestine. Canada submitted a statement opposing an International Court of Justice advisory opinion called for by a UN General Assembly resolution titled “Israeli Practices Affecting the Human Rights of the Palestinian People in the Occupied Palestinian Territory, including East Jerusalem”.
To protect Israel from criticism the Trudeau government created a special envoy to combat antisemitism and formally adopted the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism, which is designed to marginalize those criticizing Palestinian dispossession. The Trudeau government also sued to block proper labels on wines from illegal settlements while expanding the Canada-Israel free trade agreement that grants duty free status to products produced in illegal West Bank settlements.
Since taking office in 2015 the Trudeau government has voted against nearly 100 UN resolutions, often supported by most of the world, upholding Palestinian rights. They’ve also repeatedly justified Israeli violence against Palestinians while mostly ignoring its brutal blockade of Gaza, demolition of Palestinian homes in the West Bank and growing Jewish supremacy inside its 1948 borders.
The notice to prosecute was delivered by activists to the ministers’ offices in Toronto, Ottawa, Sherbrooke and Montreal. Subsequently the lawyers driving the initiative held a press conference to explain the legal process behind the notice of intention to seek prosecution. A few Canadian media reported on it, but it was widely covered in international pro-Palestinian outlets.
The notice of intention to seek prosecution concludes:
“In order to reduce the risk of further complicity, the Government of Canada must immediately take the following diplomatic and economic measures:
1. Call for a ceasefire to prevent further loss of life in Gaza;
2. Call for secure provision of meaningful humanitarian aid to Gaza;
3. Issue a public statement condemning Israel’s breaches of international law;
4. Insist that Israel fully comply with international law;
5. Cancel all Canadian permits for arms exports to Israel;
6. Prosecute those recruiting Canadian volunteers for Israel’s armed forces; and
7. Prevent Canadian charities from using donations to benefit Israel’s armed forces.”
The least Canadians should be able to expect of their government is adherence to international law.
December 3, 2023 -
Posted by aletho |
Ethnic Cleansing, Racism, Zionism, Timeless or most popular, War Crimes | Canada, Israel, Palestine, Zionism
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