A Message to the Canadian Government: Stop dithering, and Support the ICC’s work in Israel and Palestine Now.

The following is an open letter that I had the pleasure and honour of drafting alongside Canadian justice and accountability leaders Alex Neve, Heidi Mathews, Ardi Imseis, Kjell Anderson, Leilani Farha, and Michael Lynk. As can be seen below, it has been endorsed by a remarkable number of Canadian civil society leaders, former diplomats and parliamentarians, and others. Our message is clear: Canada must end its dithering and support the ICC’s work in Israel and Palestine. As we write: “To assert that there is something objectionable about holding Israeli officials to the same standards of international criminal justice as Hamas officials is to promote a double standard and to suggest that the rights of Palestinians matter less than those of Israelis. That is a racist, dehumanizing and discriminatory approach to international justice which Canada cannot countenance in any way.” I hope the letter is of interest to readers, in Canada and beyond.

(Photo: AFP / Getty Images)

Dear Prime Minister,

We write this Open Letter to you as Canadian law professors, lawyers, legal scholars, academics, civil society, faith and labour movement leaders, and former diplomats and parliamentarians representing an extensive breadth of experience relevant to the imperative of upholding the rule of law, international human rights and justice, including through the International Criminal Court (ICC).  We write in particular to urge your government to issue a public statement unequivocally affirming the prosecutorial and judicial independence of the Court as the investigations and proceedings advance in the situation in Palestine. In line with its unambiguous obligations of cooperation as a member-state of the ICC, this should include a clear statement that any arrest warrants issued by the Court against leaders of the Israeli government and senior Hamas officials will be enforced should any suspects arrive on Canadian territory.

Canada has a demonstrated reputation and record as a leader with respect to international criminal justice and the role of the ICC in upholding universal human rights and preventing mass atrocities. The Canadian government played a central role in the establishment of the ICC and made it clear that the Court would be focused on the accountability of individuals for their decisions and actions, regardless of their governmental or organizational affiliation. The first President of the ICC was a former Legal Adviser to Canada’s Minister of Foreign Affairs. The fourth President, who served from 2018 to 2021, is also a Canadian. A Canadian is in fact currently serving as a judge at the Court. From 2013-2021, the ICC Deputy Prosecutor was a Canadian.

Given that reputation and record, a strong statement of support from Canada will have a notable positive impact internationally. The absence of such a statement will, conversely, have a detrimental impact and undermine key principles of international justice that Canada has long championed. We note as well the March 18, 2024 House of Commons motion calling on your government to support the work of the ICC, a motion almost all members of your government, including you personally, supported. 

Strong support is vital at this time given that the Prosecutor, ICC staff and the ICC as an institution are facing considerable political pressure, unfounded and inflammatory criticism, attacks on the Court’s independence, and even threats of personal sanctions against court judges and officials, all in relation to this case. This is clearly no time for champions of international justice to waver or to be ambiguous. That is why Canada’s position must be one of resolute and meaningful support.

The controversy intensified following the announcement on May 20th by the ICC’s Prosecutor, Karim Khan, that he has applied to the Court for five arrest warrants.  Two of the warrants are against senior Israeli leaders, Prime Minister Benjamin Netanyahu and Minister of Defence Yoav Gallant. Three of the warrants are against senior Hamas leaders, the Head of Hamas, Yahya Sinwar, The Commander-in-Chief of Hamas’ military wing, Mohammed Diab Ibrahim Al-Masri, and the Head of Hamas’ Political Bureau, Ismail Haniyeh.[1]

Given widespread expert opinion that both Israel’s and Hamas’ actions, in Gaza and Israel, have constituted war crimes and crimes against humanity, applications for arrest warrants were expected and anticipated for weeks.[2]

While many of Canada’s allies, including Ireland, France, Norway, Spain, and Germany, have expressed clear support for the Court in this matter, others reacted with sharp rebukes and threats, in particular the Israeli and US governments. In that regard, we welcome statements made last week by you, Deputy Prime Minister Freeland and Minister of Foreign Affairs Joly, reiterating that your government respects the ICC.  

We are, however, deeply concerned by accompanying comments that undermine this sense of respect, whereby each of you has criticized the Court’s Prosecutor for requesting arrest warrants against both Israeli and Hamas officials because the two should not be seen as “equivalent”. Those comments leave the impression that your government is opposed to the Prosecutor’s decision to press charges against Prime Minister Netanyahu and Minister Gallant because they should not be held to account in the same way or to the same standards that Hamas officials should. The implication of this for victims and survivors is that some are deserving of justice while others are not.

Prime Minister, we urge you to reiterate Canada’s unconditional support for the ICC as an independent judicial institution, and for the exercise by the Office of the Prosecutor of prosecutorial discretion without discrimination. All victims and survivors are equally deserving of accountability, irrespective of where they reside, their religious faith, their ethnic or racial heritage, or their nationality or citizenship.

The ICC Prosecutor’s office does not and cannot engage in a weighing of equivalency; it does not judge whether certain alleged perpetrators of international crimes are better or worse than others depending on their political standing. Investigators and prosecutors at the Court simply and rightly follow the evidence before them and apply the law impartially to ascertain whether specific individuals bear criminal responsibility for international crimes.

The Prosecutor has concluded that the evidence establishes reasonable grounds to believe these two Israeli and three Hamas officials have committed crimes under international law, in particular extensive war crimes and crimes against humanity. The factual and legal nature of the crimes of which they stand accused varies widely. If they are eventually tried, they will face separate legal proceedings where they will enjoy the presumption of innocence. There is but one essential element that they do have in common. After extensive independent and impartial investigations, their actions and decisions have been held up by the ICC Prosecutor to universally binding international legal standards and have been found wanting. That even-handed application of the law should be welcomed and supported, without hesitation, as that is the very essence of international justice.

From the outset, the international human rights system, to which international justice is integrally tied, has been premised on the foundational promise of universality. Adopted in 1948, the Universal Declaration of Human Rights, in article one, makes that abundantly clear:  All human beings are born free and equal in dignity and rights. That is what is at stake here.  The rights – and lives – of Palestinians and of Israelis are equal, and their equality must be respected and upheld under the law. In that same spirit, international justice promises that all perpetrators of human rights violations and abuses, particularly those of the gravest nature constituting crimes under international law, shall be judged and held accountable equally.

To assert that there is something objectionable about holding Israeli officials to the same standards of international criminal justice as Hamas officials is to promote a double standard and to suggest that the rights of Palestinians matter less than those of Israelis. That is a racist, dehumanizing and discriminatory approach to international justice which Canada cannot countenance in any way.

The principles of equal treatment and access to justice in the field of international criminal justice do not, by any measure, amount to an equivalence of the nature you have decried. No country, no armed group, no corporation and no individual can be allowed to stand above or apart from the law. Nothing undermines justice more – at a national or international level – than double standards and exceptionalism. This commitment must be at the core of Canada’s ICC position and foreign policy.

We urge you, therefore, to issue a clear statement of support for the work of the ICC with respect to the situation in Palestine, which includes the following key elements:

  • Canada fully respects the ICC, unequivocally embraces the Court’s independence, and unconditionally supports the work of the Court in this matter, including investigations of alleged crimes committed by both Israeli and Hamas officials. 
  • Canada will fully cooperate with the ICC in the Palestine situation, in keeping with Canada’s obligations under the Rome Statute,[3] including providing any assistance requested with respect to evidence and witnesses, and executing arrest warrants if any individuals sought by the Court come within Canadian jurisdiction.
  • Canada condemns any threats made against ICC personnel in connection with this situation, or any situations or cases pursued by the Court, and specifically calls on all actors, both at home and abroad, to refrain from imposing or threatening to impose any sanctions or taking any other retaliatory measures against judges and court staff.
  • Canada resolutely agrees that universality is a cardinal principle of international justice. No one should be excluded from accountability for crimes under international law, regardless of their nationality, political status, power and influence, or whether they serve in a democratic, autocratic or dictatorial government, or are part of an armed group.
  • Canada calls on all governments, particularly those of ICC member states, to make similar expressions of unwavering support for and commitment to cooperate fully with the ICC, in relation to this and all matters under investigation or before the court.  

We look forward to hearing further from you, Prime Minister, by means of a strong public statement about this matter, in line with these recommendations.  

Sincerely,

Idil Abdillahi, Assistant Professor, School of Disability Studies, Toronto Metropolitan University

Nahla Abdo, Chancellor’s Professor, Department of Sociology/Anthropology. Carleton University

Thabit AJ Abdullah, Professor, Department of History, York University

Yasmeen Abu-Laban, Professor and Canada Research Chair in the Politics of Citizenship and Human Rights, Department of Political Science, University of Alberta

Nadia Abu-Zahra, Professor, School of International Development and Global Studies, University of Ottawa

Louigi Addario-Berry, Professor, Department of Mathematics and Statistics & Canada Research Chair in Discrete Probability, McGill University

Dr. Laurie Adkin, Political Science Department, University of Alberta (retired)

Melanie Adrian, Ph.D., O.Ont., Associate Professor, Department of Law and Legal Studies, Carleton University

Tari Ajadi, PhD, Assistant Professor, Department of Political Science, McGill University

Rabiat Akande, Assistant Professor, Osgoode Hall Law School, York University

Greg Albo, Associate Professor, Department of Politics, York University

Dina Al-Kassim, Associate Professor, Department of English Literatures and Language Associate & Institute for Social Justice Associate, Peter Wall Institute for Advanced Studies, University of British Columbia

Dr. Cynthia J. Alexander, Professor, Department of Politics, Acadia University

Kristi A. Allain, Canada Research Chair, Physical Culture and Social Life, and Professor of Sociology, St. Thomas University

Jon Allen, Former Canadian Ambassador to Israel and Spain

Dr. Kjell Anderson, Director, Master of Human Rights and Assistant Professor of Law, University of Manitoba

Dr Bilal Ansari, Assistant Professor, Faculty of Medicine, University of Toronto

Rachad Antonius, Retired Full Professor of Sociology, Université du Québec à Montréal

Michael Arfken, PhD, Associate Professor of Psychology, University of Prince Edward Island

Hulya Arik, Assistant Professor, Department of Human Geography, University of Toronto Scarborough

Florence Ashley, Assistant Professor, Faculty of Law, University of Alberta

The Honourable Lloyd Axworthy, Former Canadian Minister of Foreign Affairs

Chris Aylward, National President of the Public Service Alliance of Canada

Muhannad Ayyash, Professor of Sociology, Mount Royal University

Sofiane Baba, Professeur agrégé, École de Gestion, Université de Sherbrooke

Rémi Bachand, Professeur de droit international, Département des sciences juridiques, Université du Québec à Montréal

Khalid Baksh, Barrister and Solicitor, Windsor

Neil Balan, Atlantic Canada Studies, Saint Mary’s University

Corey Balsam, National Coordinator, Independent Jewish Voices Canada

Nigel Bankes, FRSC, Emeritus Professor of Law, University of Calgary

Nicole Barrett, Director, International Justice & Human Rights Clinic and Associate Professor of Teaching, Allard School of Law, University of British Columbia

Ahmed M. Bayoumi, MD MSc FRCPC FCAHS, Baxter & Alma Ricard Chair in Inner City Health, General Internal Medicine, St. Michael’s Hospital, Unity Health Toronto, Professor, Department of Medicine; Institute of Health Policy, Management and Evaluation; and Institute of Medical Sciences, University of Toronto

Imaan Bayoumi, Assistant Professor, Family Medicine, Queen’s University

Sarah Beamish, Human rights lawyer, Toronto

Colleen Bell, PhD, Associate Professor and Graduate Chair, Department of Political Studies, University of Saskatchewan

Dre Marie-Michelle Bellon, MD, FRCPC, spécialiste en médecine interne, Montréal

Ibrahim Bengizi, Barrister and Solicitor, Niagara

Jody Berland, Professor Emerita, Department of Humanities, Graduate Program in Social and Political Thought, York University

Rachel Berman, Professor, School of Early Childhood Studies, Toronto Metropolitan University

Nicole Bernhardt, Assistant Professor of Political Science, University of Toronto Scarborough

Faisal Bhabha, Associate Professor, Osgoode Hall Law School, York University

Brenna Bhandar, Associate Professor, Allard Law Faculty, University of British Columbia

Anne-Emanuelle Birn, MA, ScD, Professor, Global Development Studies, University of Toronto

David Black, Lester B. Pearson Professor of International Development Studies, Department of Political Science, Dalhousie University

Danielle Bobker, Professor of English, Fellow, Simone de Beauvoir Institute & Women’s Studies, Concordia University

Andrea Breen, Associate Professor, College of Social and Applied Human Sciences, University of Guelph

Bruce Broomhall, professeur, Département des sciences juridiques, Université du Québec à Montréal

Carissa Brown, Professor, Department of Geography, Memorial University  

Stehen Brown, Executive Director, National Council of Canadian Muslims

Elyse Bruce, Lawyer

Alexandra Bugailiskis, Former Canadian Ambassador to Syria and Assistant Deputy Minister for Europe and the Middle East at Global Affairs Canada 

Roberta Buiani, Assistant Professor, Faculty of Arts and Science, University of Toronto

Doris Buss, Professor of Law and Legal Studies, Carleton University

Amila Buturović, Professor, Faculty of Liberal Arts and Professional Studies, York University

John Carlson, Assistant Professor, Department of Criminology, University of Ottawa

Irina Ceric, Assistant Professor, University of Windsor Faculty of Law

Paul Champ, Human rights lawyer, Ottawa

Gulzar R. Charania, Associate Professor, Faculty of Social Sciences, University of Ottawa

Julie Chateauvert, Professeure adjointe, École d’innovation sociale Elisabeth Bruyère, Université Saint-Paul

Miloud Chennoufi, Associate Professor, Department of Defence Studies, Royal Military College of Canada

Christina Clark-Kazak, Professor, Graduate School of Public and International Affairs, University of Ottawa

Elaine Coburn, Associate Professor, International Studies, York University

Veldon Coburn, Associate Professor & Faculty Chair – Indigenous Relations Initiative, McGill University

Nicholas Coghlan, Canadian Ambassador (Ret.)

Randall K. Cohn, Barrister and Solicitor, Vancouver

Rosemary Collard, Associate Professor, Geography, Simon Fraser University

Jean-Pierre Couture, Associate Professor, Faculty of Social Sciences, University of Ottawa

François Crépeau, Professor of Public International Law, Faculty of Law, McGill University

Professor Robert J. Currie, Schulich School of Law, Dalhousie University

Sarah Danial, B.Sc., M.D., FRCPC, J.D., Niagara Falls

Martin Danyluk, Assistant Professor, Department of Geography, Planning and Environment, Concordia University

Gail Davidson, Lawyers’ Rights Watch Canada Director, Vancouver

Mary Ellen Davis, part-time faculty, School of Cinema, Concordia University

Shelagh Day CM, Human rights advocate

Joseph G Debanné, Phd, P.Eng, Retired Chair of the Middle East Study Group (MEDG), Ottawa

Me Johnathan Denis, Avocat – conseiller syndical, Montreal

Dr Nathan Derejko, Mauro Chair in Human Rights and Social Justice and Assistant Professor of Law, Robson Hall Faculty of Law, University of Manitoba

Ranjit Dhaliwal, Barrister and Solicitor, Toronto

Emraan Dharsi, Barrister and Solicitor, Richmond Hill

Rev. Dr. Cheri DiNovo CM

Dr. Amanda DiPaolo, Professor, Human Rights Department, St. Thomas University

Lydia Dobson, Adjunct Professor, Institute of Criminology, Carleton University & Part-time Professor, Faculty of Law, University of Ottawa

Katie Douglas, Lawyer

Sarah Dowling, Assistant Professor, Faculty of Arts and Science, University of Toronto

Ena Dua, Professor, School of Gender, Sexuality and Women’s Studies, York University

Karen Dubinsky, Professor, Global Development Studies/History, Queen’s University

Maureen Duffy, Associate Professor, Faculty of Law, University of Calgary

Todd Dufresne, Professor of Philosophy, Lakehead University

Dallas Duncan, MD FRCPC, Assistant Professor, Faculty of Medicine, University of Toronto

Dr. Caroline Dunton, Skelton-Clark Postdoctoral Fellow, Department of Political Science, Queen’s University

Francis Dupuis-Déri, Professor of political science, Université du Québec à Montréal

Barry Eidlin, Associate Professor of Sociology, McGill University

Jennifer Ekin, Barrister and Solicitor, Toronto

Jouman El-Asmar, Avocate – Attorney at Law, Barreau du Québec; Barrister & Solicitor, Law Society of Alberta, Edmonton

Mohamed El Rashidy, Barrister and Solicitor, Mississauga

Rachel Engler-Stringer, Professor, Community Health and Epidemiology, University of Saskatchewan

Mohammad Fadel, Professor of Law, Faculty of Law, University of Toronto

Randa Farah, Associate Professor, Department of Anthropology, Western University

Omar Farahat, Associate Professor, Faculty of Law, McGill University

Leilani Farha, Human rights lawyer and Former UN Special Rapporteur on the right to housing

Paul Fauteux, lawyer and accredited mediator and arbitrator, recipient of the Diploma of The Hague Academy of International Law and former Canadian diplomat

Dr. Angie Fazekas, Assistant Professor, Women and Gender Studies Institute, University of Toronto

John Foster, Former economist, World Bank and Inter-American Development Bank, Kingston

John W. Foster, Sessional Lecturer, Justice Studies, University of Regina

Robert Fox, Retired civil society leader, Ottawa 

Evan Fox-Decent, Full Professor, Canada Research Chair in Cosmopolitan Law and Justice, Faculty of Law, McGill University

Michael Frishkopf, Professor, Faculty of Arts, University of Alberta

Philippe M. Frowd, Associate Professor, Faculty of Social Sciences, University of Ottawa

Richard Fung, Professor Emeritus, OCAD University

Melissa Funke, Assistant Professor, Department of Classics, University of Winnipeg

Monika Kin Gagnon, Professor, Department of Communication Studies, Concordia University

Michelle Gallant, Professor, Faculty of Law, University of Manitoba

Martin Gallié, Professeur, département des sciences juridiques, Université du Québec à Montréal

Samir Gandesha, Professor, Department of Humanities, Simon Fraser University

Yipeng Ge, MD MPH CCFP, Primary care doctor and public health professional

Sarah Ghabrial, Associate Professor, History, Concordia University

Amanda Ghahremani, International criminal lawyer and Research Fellow at the Human Rights Center at UC Berkeley

Sara Ghebremusse, Assistant Professor, Faculty of Law, Western University

Emily Gilbert, Professor, Canadian Studies and the Department of Geography and Planning, University of Toronto

Dr. James Gilbert-Walsh, Associate Professor of Philosophy, St Thomas University

Rajvir Gill, Human rights lawyer, Ottawa

Lauren Gillingham, Associate Professor, Faculty of Arts, University of Ottawa

Jacqui Gingras, PhD, Professor, Sociology, Toronto Metropolitan University

Luin Goldring, Professor, Department of Sociology, York University

Rev. Dr. J. Dorcas Gordon, Principal Emerita, Knox College, University of Toronto

Malini Guha, Associate Professor of Film Studies, Carleton University

Priya Gupta, Association of McGill Professors of Law (currently on strike)

Ratiba Hadj-Moussa, Professor, Department of Sociology, York University

Blayne Haggart, Associate Professor, Department of Political Science, Brock University

David Halton, Former Foreign Correspondent

Mark Hancock, National President of the Canadian Union of Public Employees

Lia Harris, MD, FRCPC, Clinical Assistant Professor of Paediatrics, University of British Columbia School of Medicine

Sanaa Hasan, Barrister and Solicitor, Mississauga

James C. Hathaway, FRSC, Degan Professor Emeritus of Law, University of Michigan

Matthew Hawkins, Associate Professor (teaching), Department of Sociology and Anthropology, Carleton University

Matthew Hayes, Professor and Canada Research Chair in Global and Transnational Studies, St. Thomas University

Jennifer Henderson, Professor, Department of English Language and Literature, Carleton University

Salvador Herencia-Carrasco, Section de Droit Civil, University of Ottawa

Steven High, Professor of History, Concordia University

Joseph Hill, Associate Professor of Anthropology, University of Alberta

Kirsten M. Hummel, PhD, Professeure titulaire, Faculté des lettres et des sciences humaines, Université Laval

Rachel Hurst, Professor, Women’s and Gender Studies, St. Francis Xavier University

Fatima Husain, Barrister and Solicitor, Toronto

Dr. Fauzia Husain, Assistant Professor, Department of Sociology, Queen’s University

Viqar Husain, Professor, Department of Mathematics & Statistics, University of New Brunswick

Zaineb Hussein, Barrister and Solicitor, Edmonton

Brian Iler, Lawyer and counsel, Iler Campbell LLP, Toronto

Shin Imai, Professor Emeritus, Osgoode Hall Law School, York University

Talbot Imlay, Professeur titulaire, Département des sciences historiques, Université Laval

Syed Imran Ali, PhD, Fellow, Dahdaleh Institute for Global Health Research, York University

Dr. Ardi Imseis, Professor of law, Faculty of Law, Queen’s University; Member UN Group of Experts on Yemen (2019-2021); and Legal Counsel, UNRWA (2002-2014)

Peter Ives, Professor, Political Science Department, University of Winnipeg

Barbara Jackman CM, Human rights lawyer, Toronto

Nora Jaffary, Professor of History, Concordia University

Kajri Jain, Professor, Art History and Visual Studies, University of Toronto

Cesar Jaramillo, Executive Director, Project Ploughshares

David Jefferess, Associate Professor of Cultural Studies, UBC Okanagan

Yasmin Jiwani, Professor, Communication Studies, Concordia University

Susan Johnson, Permanent Observer to the United Nations for the International Federation of Red Cross and Red Crescent Societies (retired)

Rev. Susan C. Johnson, National Bishop, Evangelical Lutheran Church in Canada

Nigel Joseph Ph.D., Assistant Professor (Limited Duties), Department. of English and Writing Studies, Western University

David Juncker, Professor, Biomedical Engineering, McGill University.

Jasminka Kalajdzic, Professor of Law, University of Windsor

Nathan Kalman-Lamb, Assistant Professor of Sociology, University of New Brunswick

Dr. Charis Kamphuis, Associate Professor, Faculty of Law, Thompson Rivers University

Azeezah Kanji, Legal Academic, Toronto

Ryan M. Katz-Rosene, Associate Professor, School of Political Studies, University of Ottawa

Dr. Tarek Kazem, MD FRCPC CCFP(PC), Assistant Clinical Professor, McMaster University & Lecturer, University of Toronto

Ali Kazimi, Professor, Cinema and Media Arts,  York University

Lisa M. Kelly, Assistant Professor, Faculty of Law, Queen’s University

Mark Kersten, Assistant Professor, University of the Fraser Valley

Smaro Kamboureli, Professor, Department of English, University of Toronto

Muhammad Kamran Khan, Barrister and Solicitor, Hamilton

Ilan Kapoor, Professor, Faculty of Environmental and Urban Change, York University

Lara Karaian, Associate Professor, Institute of Criminology and Criminal Justice, Carleton University

Charlotte M. Karam, Professor, Telfer School of Management, University of Ottawa

Elias B. Khalil, Assistant Professor, Department of Mechanical and Industrial Engineering, University of Toronto

Ummni Khan, Associate Professor, Law and Legal Studies, Carleton University

Rachel Kiddell-Monroe LL.M., SeeChange Initiative and McGill University

Alyssa King, Assistant Professor, Faculty of Law, Queen’s University

Asad G Kiyani, Associate Professor of Law, University of Victoria

Richard Kohler, Canadian Ambassador (Ret.)

Faisal Kutty, Human rights lawyer; affiliate faculty member at the Rutgers University Center for Security, Race and Rights

Fannie Lafontaine, Full Professor, Université Laval, Canada Research Chair on International Criminal Justice and Human Rights

Nicolas Lamp, Associate Professor, Faculty of Law, Queen’s University

France-Isabelle Langlois, Directrice générale, Amnistie internationale Canada francophone

Vladyslav Lanovoy, Professeur adjoint, Faculté de droit, École supérieure d’études internationales (ÉSÉI), Université Laval

The Right Rev. Dr. Carmen Lansdowne, Moderator of The United Church of Canada

Peter Larson, Ph.D., Chair, Ottawa Forum on Israel Palestine

Hina Latif, Barrister and Solicitor, Toronto 

Dr. Jason Laurendeau, Associate Professor (Sociology), University of Lethbridge

Sonia Lawrence, Associate Professor, Osgoode Hall Law School, York University

Professor Yves Le Bouthillier, Faculty of Law, University of Ottawa

Avi Lewis, Associate Professor, Department of Geography, University of British Columbia

Carol Liao, Associate Professor & UBC Sauder Distinguished Fellow; Chair, Canada Climate Law Initiative, Peter A. Allard School of Law, University of British Columbia

Professor Jamie Chai Yun Liew, Faculty of Law, University of Ottawa

James Lockyer CM, Human rights lawyer, Toronto

Susan Lord, PhD, Professor, Department of Film and Media, Queen’s University

Anthony Lorrain, Lawyer, CertIntlHRL, Montreal

Professor Emeritus Michael Lynk, Faculty of Law, Western University; and Former UN Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967

Me Ngoc Phuong Catherine Mac, Avocate – conseillère syndicale, Montreal

E. MacDonald, Associate Professor, Department of Political Studies, Queen’s University

Nimâ Machouf, Épidémiologiste ,Clinique du Quartier Latin, Montréal

Constance MacIntosh, Professor of Law, Schulich School of Law, Dalhousie University

Cheryl Mack BSc Hons MD MA FRCPC, John Dossetor Health Ethics Centre, University of Alberta

Audrey Macklin, Professor of Law and Chair in Human Rights, University of Toronto

Carolyn A. MacLean, Barrister and Solicitor and Professor of Law, Humber Institute of Technology and Advanced Learning

Theresa MacLean, Barrister and Solicitor, Toronto

Dania Majid, President, Arab Canadian Lawyers Association

Asmaa Malik, Associate Professor, School of Journalism, Toronto Metropolitan University

Mudasir Marfatia, Barrister and Solicitor, Mississauga

Camille Marquis Bissonnette, Professeure, Département de droit, Université du Québec en Outaouais

Thomas Marois, Professor of Political Economy, McMaster University

Craig Martin, Professor of Law and Co-Director, International and Comparative Law Center, Washburn University School of Law; Barrister and Solicitor, Law Society of Ontario

James Martin, MD DSc, Professor of Medicine, McGill University

Azad Mashari MD FRCPC Assistant Professor, Faculty of Medicine, University of Toronto

Peggy Mason, President, Rideau Institute; and Former Canadian Ambassador to the United Nations for Disarmament

Marie-Josée Massicotte, Professeure agrégée, École d’études politiques, Université d’Ottawa

Heidi Matthews, Assistant Professor, Osgoode Hall Law School, York University

Richard Matthews, Associate Professor of Medical Ethics, Bond University

Ingrid Mattson, PhD, Professor of Islamic Studies, London & Windsor Community Chair in Islamic Studies, Director, Centre for Islamic Theology, Ethics & Spirituality (CITES), Faculty of Theology, Huron University

Rosemary McCarney, Former Ambassador of Canada to the United Nations and the Conference on Disarmament, Senior Fellow, Norman Paterson School of International Affairs, Carleton University, James Coutts Visiting Scholar in International Relations, Trinity College, University of Toronto, and Senior Fellow, Bill Graham Centre for Contemporary Canadian History

Liam McHugh-Russell, Assistant Professor, Schulich School of Law, Dalhousie University

Kent McNeil, Professor Emeritus, Osgoode Hall Law School, York University

Independent Senator Marilou McPhedran CM

Tim McSorley, National Coordinator, International Civil Liberties Monitoring Group

Naiomi Metallic, Associate Professor and Chancellor’s Chair in Aboriginal Law and Policy, Schulich School of Law, Dalhousie University

Urooj Mian LLM, CEO, SHE Associates

Liam Midzain-Gobin, PhD, Assistant Professor, Brock University

Heather Milne, Professor, Department of English, University of Winnipeg

Sharmistha Mishra, MD, MSc, PhD, Associate Professor, Faculty of Medicine, University of Toronto

Rabbi David Mivasair, Member, Independent Jewish Voices Canada

Nalini Mohabir, Associate Professor, Department of Geography, Planning and Environment, Concordia University

Hodan A. Mohamed, UN Human Rights Fellow; Founder, Arawelo Institute for Leadership and Public Policy; Co-Founder, Canadian Association of Muslim Women in Law

Alawi Mohideen, Barrister and Solicitor, Toronto

Jeffrey Monaghan, Associate Professor. Criminology, Carleton University

Radhika Mongia, Associate Professor, Sociology, York University

Catherine Morris, Independent Legal Scholar, (Past) Executive Director, Lawyers’ Rights Watch Canada, Victoria

Patricia Morris, RN PhD, Assistant Professor, Faculty of Nursing, University of New Brunswick

Nada Moumtaz, Associate Professor in the Study of Religion and Near and Middle Eastern Civilizations, University of Toronto

Dr. Keshav Mukunda, Research Data Librarian, Simon Fraser University

Nick J. Mulé, PhD, Professor, Faculty of Liberal Arts and Professional Studies, York University

Beverley Mullings, Professor, Department of Geography and Planning, University of Toronto

Brian Murphy, Former Senior Policy Advisor, Inter Pares (retired)

Dr Shannonbrooke Murphy, Endowed Chair in Human Rights and Assistant Professor, Human Rights Department, St. Thomas University

Shaun Narine, Professor of International Relations, St. Thomas University

Leila Nasr, Lawyer

Jennifer Nedelsky, Professor of Law, Osgoode Hall Law School, York University

Sheryl Nestel, PhD, Affiliated Scholar, New College, University of Toronto

Alex Neve OC, Senior Fellow, Graduate School of Public and International Affairs, University of Ottawa; and Adjunct Professor of International Human Rights Law, University of Ottawa and Dalhousie University

Kim Hong Nguyen, Associate Professor, Department of Communication Arts, University of Waterloo

Vinh Nguyen, Associate Professor, East Asian Studies, English Language and Literature, University of Waterloo

The Most Rev. Linda Nicholls, Primate, Anglican Church of Canada/L’Église anglicane du Canada

Michael Nijhawan, Associate Professor, Sociology, York University

Ketty Nivyabandi, Secretary General, Amnesty International Canada (English Speaking)

Ambassador (ret.) Sabine Nölke, LL.B., LL.M., LL.D. (hc), Ottawa

Ken Norman, Emeritus Professor of Law, University of Saskatchewan

John K. Noyes, Professor of German, University of Toronto

Dr. Ubaka Ogbogu, Professor and Associate Dean Research, Katz Group Chair in Health Law, Faculty of Law, University of Alberta

Professor Obiora Okafor, Osgoode Hall Law School, York University

Denise Oleksijczuk, Associate Professor, School for the Contemporary Arts, Simon Fraser University

Vanessa Oliver, Associate Professor, Youth and Children’s Studies, Wilfrid Laurier University

James Orbinski OC, MSC, MA, MD, Professor, School of Global Health, York University & Professor (Adjunct), Clinical Public Health, University of Toronto Dalla Lana School of Public Health

John Packer, Associate Professor, Faculty of Law, and Director of the Human Rights Research and Education Centre, University of Ottawa

Dr Pamela Palmater, Chair in Indigenous Governance, Toronto Metropolitan University

Roxanne Panchasi, Associate Professor, Department of History, Simon Fraser University

Maya Papineau, Associate Professor, Department of Economics, Carleton University

Gar Pardy, Former Ambassador, Ottawa

Dr. Pooja Parmar, Associate Professor, President’s Chair in Law and Indigeneity in a Global Context, Faculty of Law, University of Victoria

Laila Parsons, Professor of Modern Middle East History, McGill University

The Honourable Kim Pate CM, Independent Senator for Ontario and Adjunct Professor of Law, University of Ottawa

Martha Paynter, Assistant Professor, Faculty of Nursing, University of New Brunswick

Léa Pelletier-Marcotte, Human rights lawyer, Montreal

Adele Perry, FRSC, Professor, History and Women’s and Gender Studies, University of Manitoba

Karen Pearlston, Professor of Law (ret.), University of New Brunswick

Ana Maria Peredo, Canada Research Chair and Professor, Telfer School of Management, University of Ottawa

Me Thu-Dieu Pham-Luu, Avocate, Montreal

Justin Piché, PhD, Full Professor, Criminology, University of Ottawa

Noah Pleshet, Assistant Professor, Department of Anthropology, University of New Brunswick

Bruce Porter, Executive Director, Social Rights Advocacy Centre

Jennifer Preston, General Secretary, Canadian Friends Service Committee (Quakers)

Carolyn Prouse, Assistant Professor, Department of Geography and Planning, Queen’s University

Tavleen Purewal, Assistant Professor, Faculty of Arts, University of New Brunswick

Joshua Ramisch, Directeur et Professeur Titulaire, École de développement international et mondialisation, Université d’Ottawa

Shama Rangwala, Assistant Professor, Faculty of Liberal Arts and Professional Studies, York University

Aditya Rao, Human Rights Lawyer, Ottawa

Derek Rasmussen, Legal researcher and human rights advocate, Toronto

Arif Raza, Barrister & Solicitor, Toronto

Allan Reid, Professor, Department of Culture and Media Studies, University of New Brunswick (retired)

Leah Reesor-Keller, Transitional Executive Director, KAIROS: Canadian Ecumenical Justice Initiatives

Kathryn Reinders, Doctoral Student, Social Practice and Transformational Change, University of Guelph

Dr. Genevieve Renard Painter, Associate Professor, Simone de Beauvoir Institute & Womens Studies, Concordia University

Sana Rizvi, Human rights lawyer, Toronto

William Clare Roberts, Associate Professor of Political Science, McGill University

Darryl Robinson, Professor, Faculty of Law, Queen’s University 

Former Senator Douglas Roche, O.C.

The Honourable Allan Rock, Former Ambassador of Canada to the United Nations and Minister of Justice and Attorney General

Jillian Rogin, Associate Professor and lawyer, Faculty of Law, University of Windsor

Dr. Aron Lee Rosenberg, Faculty Lecturer, Faculty of Education, McGill University

Dr. Sarah Rotz, Assistant Professor, Faculty of Environmental & Urban Change, York University

James Rowe, Associate Professor, Environmental Studies, University of Victoria

Matthew Rowlinson, Professor, Department of English and Writing Studies, Western University

Dr. Daniel Rück, Associate Professor, Department of History, University of Ottawa

Professor Bruce Ryder, Osgoode Hall Law School, York University

Daniel Sailofsky, PhD, Assistant Professor of Kinesiology, University of Toronto

Trish Salah, Associate Professor, Department of Gender Studies, Queen’s University

Sarita Samaroo, Barrister and Solicitor, Toronto 

Nicholas Sammond, Professor of Cinema and Media Studies, University of Toronto

Haig E. Sarafian, Retired Canadian Ambassador

Blayne Amir Sayed, MD PhD, Faculty of Medicine, University of Toronto

Derek Sayer, FRSC, Professor Emeritus, Department of Sociology, University of Alberta

William A. Schabas OC, Professor of international law, School of Law, Middlesex University

Michael T. Schmitt, Professor, Department of Psychology, Simon Fraser University

Craig Scott, Professor of Law, Osgoode Hall Law School of York University, Toronto

Dayna Nadine Scott, York Research Chair in Environmental Law & Justice in the Green Economy, 2018-2023; Associate Professor, Osgoode Hall Law School and the Faculty of Environmental & Urban Change, York University

Joshua Sealy-Harrington, Assistant Professor, Lincoln Alexander School of Law, Toronto Metropolitan University

Ryme Seferdjeli, Associate Professor, Department of History, University of Ottawa

Danish Shah H.B.A, LL.B. Q.ARB, Co-Founder of Butz and Company

Amer Shalaby, Professor, Department of Civil and Mineral Engineering, University of Toronto

Nicola Short, Associate Professor, Department of Politics, York University

Shibil Siddiqi, Human rights lawyer, Toronto

Derek Silva, Associate Professor, Department of Sociology, King’s University College at Western University

Penelope Simons, Professor, Faculty of Law, and Gordon F. Henderson Chair in Human Rights, University of Ottawa

John Simoulidis, Associate Professor, Faculty of Liberal Arts and Professional Studies, York University

Dr. Aarzoo Singh, Assistant Professor, Department of Women’s and Gender Studies, University of Winnipeg

Dr. Anne-Marie Singh, Associate Professor, Department of Criminology, Toronto Metropolitan University

Bill Skidmore, Instructor (Retired), Human Rights and Social Justice, Carleton University

Peter Splinter, Former Representative of Amnesty international to the United Nations in Geneva

Susan Spronk, Associate Professor, School of International Development and Global Studies, University of Ottawa

James G. Stewart, Professor, Peter A. Allard School of Law, University of British Columbia

Dr. Kendra Strauss, Director, The Labour Studies Program and the SFU Morgan Centre for Labour Research, and Distinguished SFU Professor, Department of Sociology & Anthropology, Simon Fraser University

Anna Su, Associate Professor, Faculty of Law, University of Toronto

Mira Sucharov, Professor of Political Science, Carleton University

Erick Sullivan, Avocat et direction adjoint, Clinique de droit international pénal et humanitaire, Faculté de droit, Université Laval

Gail Super, Associate Professor, Department of Sociology, University of Toronto

Donald Swartz, Professor [ret], School of Public policy and Administration, Carleton University

Dr. Christina Szurlej, Human Rights Department, St. Thomas University

Gökbörü Sarp Tanyildiz, Assistant Professor of Sociology, Brock University

Vladimir Tasic, Professor of Mathematics, University of New Brunswick

Dr. Heather Tasker, Postdoctoral Fellow, Emergency Medicine (Global Health), Queen’s University

Dr. Tara Taylor, Department of Mathematics and Statistics, St. Francis Xavier University

David P Thomas, Professor, Department of Politics and International Relations, Mount Allison University

Dr. Andrew Thompson, Adjunct Assistant Professor of Political Science, University of Waterloo

Ozgun Topak, Associate Professor, Faculty of Liberal Arts and Professional Studies, York University

Simon Tremblay-Pepin, Professeur, École d’Innovation sociale Élisabeth-Bruyère, Université Saint-Paul

James L. Turk, Director, Centre for Free Expression, Toronto Metropolitan University

Dr. Natasha Tusikov, Associate Professor, Department of Social Science, York University

Dr. Pheroze Unwalla, Associate Professor, History and Middle East Studies, University of British Columbia

Frédéric Vairel, Professeur titulaire, Ecole d’études politiques, Université d’Ottawa

Dr. Tracy Valcourt, Deparment of Art History (part-time), Concordia University

Dr. Kirsten Van Houten, Post-Doctoral Fellow, University of Guelph

Karine Vanthuyne, Associate Professor, School of Sociological and Anthropological Studies, University of Ottawa

Dr. Ashwini Vasanthakumar, Associate Professor, Faculty of Law, Queen’s University

Renée Vaugeois, Executive Director, John Humphrey Centre for Peace and Human Rights; Director, Righting Relations Canada; and Director, Coalition for Justice and Human Rights

Brenda Vellino, Professor, English Department and Interdisciplinary Studies, Carleton University

Dr. Vasanthi Venkatesh, Associate Professor, Faculty of Law, University of Windsor

Usha Viswanathan, Professeure agrégée, Le Centre de formation linguistique pour les études en français, Université York

Mazahir Walji, Barrister and Solicitor, Toronto 

Professor Christopher Waters, Faculty of Law, University of Windsor

Dr. Simone Weil Davis, Instructor, Ethics, Society & Law, University of Toronto

Michael C. Welsh, Ambassador (ret.); and Former Director General, Consular Affairs, Global Affairs Canada

Sara Wharton, Associate Professor, University of Windsor, Faculty of Law

Dr. Shelly Whitman, Executive Director, Dallaire Institute for Children, Peace, and Security

Wanda Wiegers, Professor, College of Law, University of Saskatchewan

Emily Regan Wills, Associate Professor, School of Political Studies, University of Ottawa

David Wiseman, Associate Professor, Faculty of Law, University of Ottawa

Vincent Wong, Assistant Professor, University of Windsor Faculty of Law

Stepan Wood, Professor and Canada Research Chair in Law, Society and Sustainability, Allard School of Law, University of British Columbia

Thomas Woodley, President, Canadians for Justice and Peace in the Middle East

Ellen Woodsworth, Co-President, Women’s International League for Peace and Freedom (WILPF) Canada

b.h. Yael, Professor, Faculty of Art, OCAD University

James Yap, Human rights lawyer, Toronto

Drew Yewchuk, Lawyer

Sophie Zhang, M.D. M.Sc., Family physician, Clinical assistant professor at the University of Montreal


[1] The arrest warrants have been sought further to an investigation launched by the Prosecutor in March 2021, after a Pre-Trial Chamber of the Court ruled that there was jurisdiction to pursue the case on the basis of the State of Palestine’s accession to the ICC’s Rome Statute. That jurisdiction extends to crimes committed within the State of Palestine, including by members of the Israeli government and military, which includes Prime Minister Netanyahu, and to crimes committed by nationals of the State of Palestine, including within Israel. The investigation opened in 2021 continued after Hamas’ attack in southern Israel on October 7, 2023, and has examined alleged crimes associated with that attack and with Israel’s subsequent military operations in Gaza. While Canada has been a persistent objector to Palestine’s status as a State Party to the ICC, the Court ruled on 5 February, 2021 that for the purposes of the initiation of an investigation by the Prosecutor the Court had territorial jurisdiction over the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem, without prejudice to border disputes under international law or the question of any future borders.

[2] In a separate case, brought by South Africa against Israel before the International Court of Justice (ICJ) and involving questions of state responsibility rather than individual criminal responsibility, the ICJ, in its Orders of 26 January, 28 March and 24 May, 2024, has not ruled out that Israel’s actions may fall within the scope of the Convention on the Prevention and Punishment of Genocide.

[3] Rome Statute, Article 86, General obligation to cooperate:  States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court

About Mark Kersten

Mark Kersten is an Assistant Professor in the Criminology and Criminal Justice Department at the University of the Fraser Valley in British Columbia, Canada, and a Senior Consultant at the Wayamo Foundation in Berlin, Germany. Mark is the founder of the blog Justice in Conflict and author of the book, published by Oxford University Press, by the same name. He holds an MSc and PhD in International Relations from the London School of Economics and a BA (Hons) from the University of Guelph. Mark has previously been a Research Associate at the Refugee Law Project in Uganda, and as researcher at Justice Africa and Lawyers for Justice in Libya in London. He has taught courses on genocide studies, the politics of international law, transitional justice, diplomacy, and conflict and peace studies at the London School of Economics, SOAS, and University of Toronto. Mark’s research has appeared in numerous academic fora as well as in media publications such as The Globe and Mail, Al Jazeera, BBC, Foreign Policy, the CBC, Toronto Star, and The Washington Post. He has a passion for gardening, reading, hockey (on ice), date nights, late nights, Lego, and creating time for loved ones.
This entry was posted in Canada, Hamas, ICC Prosecutor, International Criminal Court (ICC), Israel, Palestine, Palestine and the ICC. Bookmark the permalink.

1 Response to A Message to the Canadian Government: Stop dithering, and Support the ICC’s work in Israel and Palestine Now.

  1. Linda Freeman says:

    I endorse the letter and would have signed it had I been contacted.

    Linda Freeman Professor (retired) Global Development and African Political Economy

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