
The response was swift, until it wasn’t. Reacting to U.S. sanctions against International Criminal Court (ICC) officials – including Canadian judge Kimberly Prost – Canada’s Ambassador to the United Nations Bob Rae called the move “disgraceful”. He added that “attacks” on ICC staff “by Russia, Israel, and the US are intended to weaken and intimidate the international system.” And then Ambassador Rae’s tweet was deleted. Beyond a meagre statement expressing confidence in Prost but nothing about the attacks against her or the Court, Ottawa’s “elbows up” attitude has been replaced by a deafening and defining silence, one has come to characterize Canada’s attitude towards the ICC.
Will Canada finally stand up for the court it helped create? Will it defend its diplomats? Or is silence in the face of American attacks the cost of Ottawa’s efforts to placate Donald Trump?
Let’s take a few steps back, first to 2020 and then late-2024.
This is not the first time that the U.S. has sought to destroy the ICC. Doing so is something of a Republican Party pastime. American disdain for the institution is purportedly due to the Court potentially investigating American citizens for alleged war crimes committed in Afghanistan and the ICC’s warrants for Israeli leaders over atrocities perpetrated in Gaza. In truth, American disdain for the ICC has always been about control, and Washington’s unrelenting insistence that it determine what the Court can and cannot do.
In 2020, the Trump administration issued sanctions against then ICC-Prosecutor Fatou Bensouda and threatened to do so against others, including Canadian Deputy Prosecutor James Stewart.
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