Prime Minister Justin Trudeau expressed that Canada would follow a International Criminal Court (ICC) Arrest Warrant for Prime Minister of Israel Benjamin Netanyahu. He emphasized that Canada is committed to maintaining international law and to abide by the rules and rulings of international courts, portraying this as a core value of Canadian identity.
Trudeau said: “It is really important that everyone abides by international law. This is something we have called for since the beginning of the conflict. We stand up for international law, and we will abide by all the rules and rulings of international courts. This is exactly what we’re like Canadians.”

On Thursday, the ICC issued arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant, citing allegations of crimes against humanity and other crimes linked to the Israel-Hamas conflict, which has been ongoing for over a year. The court also issued a warrant to Hamas military commander Mohammed Deif, although Israel claims he was killed in an airstrike in Gaza in July. Both Israel and Hamas have denied the allegations.
Trudeau reiterated Canada’s call for a ceasefire to protect civilians and stressed the need for progress toward a two-state solution, envisioning peaceful coexistence between Israel and a Palestinian state. Minister of Foreign Affairs Melanie Joly reiterated this position and reaffirmed Canada’s commitment to fulfilling its obligations under the ICC Treaty.
Netanyahu’s office criticized the arrest warrants, calling them an anti-Semitic move, while Israel’s ambassador to Canada, Iddo Moed, called on the Canadian government to reject and condemn the ICC decision, saying it undermined Israel’s right to self-defense.

However, the United States, not an ICC member, rejected the decisions outright, citing concerns about the ICC prosecutor’s process and expressing its intention to coordinate responses with allies. Lacking its own enforcement mechanism, the ICC relies on its 124 member states, including Canada, to act on its decisions.

Why the ICC issued an arrest warrant

FILE – Israeli Prime Minister Benjamin Netanyahu, left, and Defense Minister Yoav Gallant attend a press conference at the Kirya military base in Tel Aviv, Israel, Saturday, Oct. 28, 2023. (Abir Sultan/Pool Photo via AP, File)

The International Criminal Court (ICC) issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and others based on charges of crimes against humanity and other crimes. These accusations reportedly stem from actions taken since the start of the protracted conflict between Israel and Hamas. The Court investigates and prosecutes cases of serious crimes, such as genocide, war crimes and crimes against humanity, especially in situations where national legal systems are unable or unwilling to pursue justice.
The ICC works on the basis of complaints submitted to its prosecutor, who then examines whether there is sufficient evidence to pursue a case. This may include documentation from interested parties, states, international organizations or civil society groups.

The ICC was established in 2002 under the Rome Statute and has jurisdiction to investigate and prosecute:

Decisions to issue arrest warrants follow these key steps:
1. Jurisdiction: The ICC determines whether the alleged crimes fall within its jurisdiction, which refers to acts committed on the territory of member states or by nationals of member states.
2. Investigation: The prosecution gathers evidence, often with extensive cooperation with states, international bodies and witnesses.
3. Authorization: If there is sufficient evidence, the court issues an arrest warrant or summons for the individual.
4. Charges: The charges must meet the standard of being serious violations of international humanitarian law or human rights.
The ICC operates independently but is bound by its treaties and legal framework.

Who must follow

All 124 member states of the ICC, including Canada, are legally bound to comply with its decisions and execute arrest warrants if the accused enters their jurisdiction. Compliance means:

Non-member states, such as the United States and Israel, are not legally bound to comply with ICC decisions. However, the ICC can still pursue its cases if the alleged crimes occurred on the territory of a member state or involve nationals of member states.

Challenges in enforcement

The ICC lacks its own enforcement mechanism, such as a police force, so it relies entirely on member states to cooperate. In many cases, political considerations or opposition to the ICC’s authority can impede compliance, as evidenced by opposition from countries whose leaders or officials are subject to ICC decisions.
With input from agencies