Key Takeaways:
- Violence at a Toronto speaking event has sparked calls for more scrutiny on Israeli soldiers entering Canada, with some saying they should be barred entry or investigated for potential participation in war crimes related to the Israel-Hamas war.
- The Canadian government is facing pressure to investigate IDF soldiers under the Crimes Against Humanity and War Crimes Act, with some arguing that membership in the IDF could be grounds for refusing admission to the country.
- Legal experts say that Canada has international obligations to prevent genocide and not be complicit in illegal activities in the occupied Palestinian territories, and that prosecuting soldiers for war crimes is a challenge due to the chaotic nature of war and restricted access to information.
- The RCMP has opened a structural investigation into the Israel-Hamas war, but it is unclear whether IDF soldiers are being interviewed or investigated as part of the inquiry.
Introduction to the Controversy
Violence at a Toronto speaking event has sparked a heated debate about whether Israeli soldiers should be allowed to enter Canada, and whether they should be investigated for potential participation in war crimes related to the Israel-Hamas war. The event, which was organized by a Toronto Metropolitan University student group called Students Supporting Israel (SSI), featured Israel Defence Forces (IDF) soldiers as speakers. However, the event was disrupted by protesters, and police arrested and charged six people. The incident has raised questions about the role of IDF soldiers in Canada and whether they should be subject to scrutiny under the Crimes Against Humanity and War Crimes Act.
The Legal Context
The question of whether IDF soldiers should be investigated or barred entry into Canada is complicated from both a legal and diplomatic standpoint. However, two legal experts who spoke with CBC News say that more scrutiny is needed. James Yap, a Toronto-based lawyer, notes that Canada has obligations under the Genocide Convention to take measures to prevent genocide, and under a July International Criminal Court (ICC) ruling to not be complicit in illegal activities in the occupied Palestinian territories. Yap argues that Canada should prosecute any soldier who is suspected of participating in these violations, and that simply being a member of the IDF could potentially be grounds to refuse a person’s admission to the country.
The Role of the Canadian Government
The Canadian government is facing pressure to investigate IDF soldiers under the Crimes Against Humanity and War Crimes Act. NDP MP Heather McPherson released a statement following the incident saying that she was "outraged" to learn of the tour, and that any IDF soldier entering Canada should be investigated. The government has also been called upon to ban entry to all Israeli soldiers and launch war crime investigations into those already in Canada. However, the government has not yet taken any concrete action, and it is unclear whether the RCMP is interviewing or investigating IDF soldiers as part of its structural investigation into the Israel-Hamas war.
The Perspective of Israeli Soldiers
Israeli soldiers have been touring Canada as part of the Triggered: From Combat to Campus tour, which has sparked controversy and protests. Some Canadians who have served in the IDF have expressed fear of retaliation or arrest if they return to Canada, and have characterized the calls for investigations as a "witch hunt." Richard Marceau, senior VP of strategic initiatives and general counsel with the Centre for Israel and Jewish Affairs, notes that Israel requires mandatory military service for citizens, and that efforts to single out or discriminate against Israelis and Jewish Canadians are "completely unacceptable" and undermine Canada’s inclusive society.
The Challenge of Prosecuting War Crimes
Prosecuting soldiers for war crimes is a challenge on a number of levels, according to legal experts. A Crown prosecutor would need enough evidence for a reasonable prospect of conviction, which can be difficult to obtain given the chaotic nature of war and the fact that the fighting is taking place in a location where information is being tightly controlled and restricted. Mark Kersten, an assistant professor in the University of Fraser Valley’s criminology and criminal justice department, says that investigations should only be carried out if there is concrete evidence to suspect criminal activity, and that it should be standard procedure to interview anyone who was in Gaza during the war and is entering Canada, in case they have information about crimes.
Conclusion
The controversy surrounding IDF soldiers in Canada highlights the complex and sensitive nature of the Israel-Hamas conflict. While some argue that IDF soldiers should be investigated or barred entry into Canada, others characterize the calls for investigations as a "witch hunt" and argue that Canada should not single out or discriminate against Israelis and Jewish Canadians. Ultimately, the Canadian government must navigate these complex issues and ensure that it is meeting its international obligations to prevent genocide and not be complicit in illegal activities in the occupied Palestinian territories.