Call to Investigate Canadians in Israel Defense Forces for War Crimes

Canadians for Justice and Peace in the Middle East (CJPME) is raising that an unknown number of Canadians have chosen to travel to Israel and voluntarily join the Israel Defense Forces (IDF) to participate in Israel's military offensive in spite of the fact that Israel's actions in Gaza show a pattern of war crimes and point to a "genocide in the making," according to UN experts. The participation of Canadians in the IDF raises the serious likelihood that these Canadians are involved in crimes against humanity, war crimes, and even acts of genocide. Canada is legally obliged to investigate and prosecute Canadians who commit war crimes overseas and must launch an investigation into Canadians serving or volunteering with the IDF for possible complicity in war crimes.

In January, CJPME sent a letter to Justice Minister Arif Virani urging him to investigate and deter the participation of Canadian nationals in violations of international law in Gaza. CJPME is aware that Canadian nationals have traveled to Israel to serve in the IDF, with an unknown number of Canadians among the estimated 360,000 reservists. There are many examples in the Canadian press that feature stories of Canadians who have chosen to voluntarily participate in Israel's military offensive, including as 'lone soldiers,' those who have no family in Israel.

CJPME points out that Canada has obligations under international law to investigate and prosecute Canadians accused of committing war crimes. Under Canadian law, the Crimes Against Humanity and War Crimes Act states that: "Every person who, either before or after the coming into force of this section, commits outside Canada (a) genocide, (b) a crime against humanity, or (c) a war crime, is guilty of an indictable offence and may be prosecuted for that offence[.]"

In fact, CJPME points out, Canada established a War Crimes Program for the purpose of investigating and prosecuting this criminal behaviour. In spite of this, Canada has failed to issue any guidance to Canadian nationals regarding how their participation in the Israeli military could make them criminally liable under these laws. On the contrary, past behaviour of the Canadian Embassy in Israel – including the hosting of a social gathering for Canadian nationals serving as 'lone soldiers' in the IDF in 2020 – has sent a message that Canada is encouraging participation in the IDF, rather than seeking to discourage participation in an occupying army that is violating international law.

CJPME has urged Minister Virani to discourage Canadian involvement in the Israeli military and ensure that any person who is involved in the commission of war crimes is held accountable.

Specifically, CJPME called on the Canadian government to:

- Issue a warning to Canadian nationals that serving or volunteering with the Israeli military may make them criminally liable under the Crimes Against Humanity and War Crimes Act;

- Launch an investigation under its War Crimes Program into the participation of Canadian nationals in Israel's military offensive;

- Ensure that the Canada Border Services Agency (CBSA) is conducting detailed interviews with Canadian nationals who are returning from foreign military service;

- Share the findings of its investigations with the International Criminal Court;

- Publicly investigate the HESEG Foundation for Lone Soldiers for breaching section 11(1) of Canada's Foreign Enlistment Act by inducing Canadians to join the Israeli military.

The letter to Justice Minister Virani can be found here.



This article was published in
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Volume 54 Number 17 - March 12, 2024

Article Link:
https://cpcml.ca/Tmlm2024/Articles/MS54175.HTM


    

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