The Canadian government’s recent endorsement of the International Criminal Court’s (ICC) arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, issued on November 22, 2024, has ignited a contentious debate over the integrity of international law. While nations such as the United States have expressed strong opposition, labeling the decision as “outrageous,” Prime Minister Justin Trudeau has pledged that Canada will comply with the ICC’s directive. This position, however, raises serious concerns about both the legitimacy of the ICC’s actions and Canada’s role in reinforcing a justice system that may be compromised by political influence.
The ICC’s decision to target Netanyahu and Gallant for alleged war crimes related to the Israel-Hamas conflict comes amid a broader international conversation about the fairness of the court’s rulings. One glaring issue lies in the office of ICC Prosecutor Karim Khan, whose connections to Lebanon—a country at war with Israel and home to Hezbollah, a terrorist organization dedicated to Israel’s destruction—raise significant questions about his impartiality. As a former prosecutor myself, I know that impartiality is the bedrock of any credible justice system. A prosecutor with such direct ties to a party in conflict with the defendant cannot be trusted to oversee a case impartially. As political theorist and legal scholar Ronald Dworkin once wrote, “Justice requires a commitment to treating each individual with equal concern and respect.” Khan’s role in overseeing cases against Israel, particularly given his Lebanese connections, undermines that very principle.
Moreover, the ICC’s treatment of Hamas, the organization whose actions are largely responsible for the violence in Gaza, further calls into question the court’s fairness. While the ICC issued an arrest warrant for Mohammed Deif, a Hamas leader, the individual in question had already been killed by Israeli forces. The absurdity of this posthumous action highlights the court’s skewed focus on Israel while neglecting to hold living Hamas leaders accountable for their direct role in terrorist attacks. As Alan Dershowitz, a law professor at Harvard University stated, “When international justice is applied selectively, it becomes international injustice.”
Canada’s response to this biased ruling brings to light the complex balance between upholding international law and safeguarding national sovereignty. While Canada is a staunch advocate for international cooperation, it is under no obligation to enforce rulings that lack fairness or credibility. Trudeau’s statement that Canada would arrest Israeli leaders should they visit is particularly troubling, especially given the broader context of the recent violence Hamas inflicted on Israel. In contrast, U.S. President Joe Biden’s unequivocal rejection of the ICC’s actions—stating, “There is no equivalence—none—between Israel and Hamas”—emphasizes a clear moral distinction between the two sides in this ongoing conflict.
By pledging to comply with the ICC’s arrest warrants, Canada risks legitimizing an institution that, at best, fails to operate impartially and, at worst, acts as a tool of political maneuvering. Trudeau’s stance may undermine Canada’s moral authority and strain its relationship with a democratic ally like Israel, which has been subjected to one of the most horrific terrorist attacks in modern history. Israel’s right to defend itself is enshrined in international law, and Canada should stand in solidarity with that right, rather than acquiesce to a ruling that seems politically motivated.
Rather than blindly supporting a flawed institution, Canada has an opportunity to lead by calling for the reform of the ICC. As Prime Minister Trudeau himself once said, “Canada’s strength comes from standing for what is right, even when it is difficult.” In this instance, that means challenging the ICC’s biases and advocating for a truly impartial justice system. The pursuit of justice, particularly in the realm of international law, should be free of political agendas, focused solely on accountability, fairness, and respect for all parties involved.
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Dotan Rousso was born and raised in Israel and holds a Ph.D. in Law. He is a former criminal prosecutor in Israel. He currently lives in Alberta and teaches Philosophy at the Southern Alberta Institute of Technology (SAIT).
