QUESTION PERIOD — Global Affairs
Canada-Israel Relations
May 28, 2024
Senator Gold, two weeks ago the International Criminal Court equated our friend and ally Israel — which is facing an existential crisis for their survival — to a brutal, terrible terrorist organization like Hamas. They’ve also issued an arrest warrant against Prime Minister Netanyahu. We’re still waiting for a clear answer from the Trudeau government with regard to how you will respond. Furthermore, we want a clear yes or no answer. What will the Trudeau government do if Prime Minister Netanyahu decides to visit our shores? Will the Trudeau government welcome Prime Minister Netanyahu, yes or no?
Thank you for your question. First of all, let’s establish the facts. The prosecutor, Mr. Karim Khan, has applied to the court for arrest warrants. They have not been issued. The court will consider the application, and in considering the application — for those of you who are interested in the facts and the law — the court must consider, first, the evidence to support these. The evidence has not been provided, and therefore there’s no ability to comment on the adequacy of that evidence.
More importantly, colleagues, the court will also have to examine whether the actual legal criteria that govern the work of the International Criminal Court, or ICC, have been satisfied. It is understood — and is in the legislation governing the court — that it is to be a court of last resort. There have been no examples where a democratic country with a vibrant legal system such as Israel has ever been subjected to warrants of this kind. Therefore, it is hypothetical to speculate on any matters unless and until the —
Senator Gold, the facts are that the International Criminal Court cannot execute warrants, and you know that. They have come out with a judgment asking for warrants to be executed, and Canada could, as a sovereign state, execute those warrants.
The question is this: Will Canada exercise those warrants against Prime Minister Netanyahu if he comes to our shores, yes or no? We have been completely silent on the issue, and now you are trying to skirt the facts, Senator Gold.
With the greatest of respect, you are incorrect, Senator Housakos. There have been no warrants issued by the ICC.
My answer is this: It is a hypothetical situation, period. The court will have to evaluate the adequacy of the evidence that the prosecutor brings forward and analyze its own legislation to see whether it has the jurisdiction to even issue the warrants under the circumstances.
