An internal memorandum advised the government of Justin Trudeau to pursue the apprehension of Israeli Prime Minister Benjamin Netanyahu, his former defense minister, and Hamas leaders in the event that the International Criminal Court issues warrants as planned by one of its prosecutors. Trudeau and his successor Mark Carney expressed their commitment to act on the warrants. Dated before the warrants were officially issued, the document provides insight into impartial guidance received by the government.
Nathalie Drouin, Trudeau’s national security adviser at the time, emphasized in a memo dated June 10, 2024, that the International Criminal Court is a designated extradition partner under Canada’s Extradition Act. She highlighted that upon receiving a cooperation request, Canada would be obliged to seek an arrest warrant through its legal system. Drouin, now serving as Canada’s ambassador to France, underscored the country’s obligations to the ICC.
Following the issuance of arrest warrant applications for Netanyahu, Yoav Gallant, and senior Hamas figures by ICC prosecutor Karim Khan, Canada was expected to comply. While Israel refuted the allegations against its officials, the three Hamas leaders were subsequently killed by the Israeli Defense Forces.
Trudeau expressed concern over drawing false equivalencies between the Israeli government and Hamas, a designated terrorist group in Canada, upon Khan’s applications. Similarly, Foreign Affairs Minister Mélanie Joly avoided speculating on actions regarding Netanyahu or Gallant coming to Canada, citing the absence of issued warrants as a hypothetical scenario.
Regarding the potential enforcement of arrest warrants, the memo outlined that Canada, as a state party to the Rome Statute, may be requested by the ICC to cooperate in provisional arrests. The document also referenced a past request for provisional arrest related to Russian President Vladimir Putin.
Although the memo did not clarify the application of the advice to Canadian airspace, Trudeau pledged to comply with international court rulings once the ICC warrants were issued. Carney indicated a willingness to arrest Netanyahu in an interview with Bloomberg, should the opportunity arise.
Despite Netanyahu’s government aircraft flying over Canadian airspace multiple times post-warrants issuance, the federal government permitted the flights. The government justified this decision as necessary for diplomatic engagement at the United Nations General Assembly. The debate continues on whether enforcing ICC arrest warrants extends to sovereign airspace, with varying interpretations from different countries and legal experts.
The matter remains contentious as countries like France claim their ICC treaty obligations do not encompass their airspace, while some argue that failure to enforce warrants weakens the authority of the court.
