CIJA granted leave to submit observations in ICC case against Israeli leaders

Jewish Federations’ Advocacy Agent Criticizes Ottawa for Not Requesting Leave to Intervene

Ottawa, ON – July 23, 2024 – Yesterday, the Centre for Israel and Jewish Affairs (CIJA) was granted leave to submit observations in the International Criminal Court (ICC) Prosecutor’s application to seek arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant on charges of war crimes in relation to Israel’s current war of self-defence against Hamas in Gaza.

“Aside from ICC Prosecutor Khan drawing an obscene moral equivalence between terrorists whose stated mission is to exterminate the Jewish People and eliminate Israel, and the leaders of a democratic nation engaged in a war of self-defence, the ICC has no jurisdiction over Israeli nationals according to the ICC statute itself, to international law principles, as well as pursuant to the Oslo Accords,” said Richard Marceau, Vice President, External Affairs and General Counsel, Centre for Israel and Jewish Affairs. 

Following the June 27 ruling by ICC judges to allow states and organizations to request leave to file amicus curiae (friend of the court) observations in the case, CIJA determined that since, regrettably, the Canadian government did not request to submit observations and provide submissions on the court’s jurisdiction – or lack thereof – the organization would do so on behalf of the Canadian Jewish community. 

“We were very disappointed that the Government of Canada did not strongly condemn nor, despite having done so in the past, act against this flagrant attempt to politicize the ICC,” said Marceau. “If Canada is as strong a supporter of the ICC as it contends to be, it should defend the integrity of the court by speaking out when its overreach poses a grave threat to the cause of justice and peace in international affairs.” 

Filed on July 11, CIJA’s request to submit observations focused on the complementarity principle, a core tenet of the ICC, which states that the Court must only act in cases where a state is unwilling or unable to genuinely carry out the investigation or prosecution. CIJA argues that Israel possesses a robust and independent judiciary, which precludes the need for ICC intervention.  

“Indeed, during the internal Israeli debate over judicial reforms, the Government of Canada criticized any attempt by Israel’s government to weaken its judiciary. To be consistent, the Government of Canada should have requested leave to intervene in support of Israel’s position that it has the necessary legal institutions to deal with the matters in the ICC Prosecutor’s application and hence, that the ICC does not have jurisdiction,” said Marceau. 

A copy of the Court decision granting CIJA’s request to submit observations can be found, here.

“As Israel wages a war of self-defence instigated by Hamas, Canada’s Jewish community has watched in shock as our government has taken positions that depart from those expected from an ally. 

“In the disappointing and condemnable absence of action by the Government of Canada, we remain steadfast in our commitment to represent and safeguard the interests of the Canadian Jewish community and the integrity of the international legal system in this critical international law matter.” 

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Additional Background 

• Press Release: Canada Must Reject ICC Assault on Israel 

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