The prosecutor at the International Criminal Court publicized his request for warrants for Israeli and Hamas leaders. Publicly, Canada’s position aligns with Israel and the United States.
Both the International Criminal Court and the International Court of Justice have become embroiled in the Gaza conflict. But the two courts are distinctly different, which has caused some confusion.
Though the move by the ICC chief prosecutor is a significant one, it’s very unlikely the Israeli or Palestinian leaders will be arrested or face a trial.
Prosecuting leaders indicted for war crimes is difficult. But the trial of Serbian leader Slobodan Milosevic in the early 2000s offers a potential playbook.
While the International Court of Justice lacks enforcement powers, it can issue orders that could heighten international pressure on Israel to curtail some of its offensive in Gaza.
Canada doesn’t support the case before the International Court of Justice that Israel is guilty of genocide in its war against Gaza. That’s contrary to its stance on other cases of genocide.
There is precedent showing the ICJ may grant provisional measures within a month or two of the hearing, preventing Israel from causing further harm in Gaza.
Sexual violence can be used as a weapon of war. Hamas’ use of sexual violence was likely meant to show its power over Israeli women and girls and to humiliate Israeli men and Israel’s military.