In one of the most serious perversions of justice of the 21ste century, the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. This unprecedented decision marks the first time the ICC has ordered such warrants against leaders of a democratic nation.
This decision is shameful, morally scandalous, legally wrong, factually absurd and dangerous to the cause of justice and peace in international affairs.
The Government of Canada had to unequivocally reject it.
The ICC is spearheading an international campaign to demonize, delegitimize and apply double standards to the world’s only Jewish state – a country defending itself against unprecedented aggression.
Attack
In issuing these warrants, the ICC is targeting a country that was brutally attacked on October 7, 2023 – a nation that has suffered the destruction of families, the rape of women, the execution of children and the kidnapping of civilians still held in custody. hostage by Hamas, an organization designated as terrorist under Canadian law. Israel faces an Iranian-backed assault on seven military fronts, now joined by a legal assault.
The ICC failed to take into account its lack of jurisdiction over Israeli nationals under its own statute, the principles of international law and the Oslo Accords.
CIJA, the Advisory Center for Jewish and Israeli Relations, submitted observations to the ICCfriend of the court relating to the principle of complementarity, a fundamental principle of the ICC. This principle requires that the Court only intervene when a State lacks the will or capacity to carry out genuine investigations or prosecutions.
As a democracy, Israel has a robust and independent judicial system which, had the ICC respected international law, would have prevented ICC intervention.
Indeed, during recent debates over judicial reforms in Israel, Canada has criticized efforts to weaken the Israeli justice system. To remain consistent, the Canadian government should affirm that Israel has the legal institutions necessary to address these issues. He must declare that the ICC does not have jurisdiction and reject this decision.
Mandates
The ICC has not assessed whether prosecuting Israeli leaders is in the interests of justice. Even more tragic, the ICC’s simultaneous pursuit of warrants against Hamas leaders and Israeli officials has compromised negotiations for the release of Gaza hostages, men and women of various nationalities whose survival becomes more uncertain every day.
The ICC’s decision, made as Israel defends itself against a war started by Hamas, will embolden terrorist groups and authoritarian regimes around the world. In the global battle between liberal democracies and the forces of authoritarian regimes, this decision weakens the democratic camp to which Canada claims to belong.
This shameful act causes irreparable damage to the credibility of the Court. If Canada truly supports the ICC, it must defend the integrity of the Court by opposing its excesses when they threaten justice and peace.
Whether one supports Netanyahu or not is irrelevant. This is a political attack on the leaders of a democratic ally that is valiantly fighting for its survival against a tidal wave of radical Islamist violence.
Canada had to state unequivocally that this decision by the ICC is both reckless and invalid and had to affirm that it will not approve or execute the warrants.
To accept these mandates is to be complicit in the perversion of what should have been a precious instrument of justice.
Photo provided by CIJA
Shimon Fogel
Chairman and CEO
Center for Jewish and Israeli Relations Advisory (CIJA)
Related News :