Monday, December 2, 2024

Clashes erupted outside a Hindu temple near Toronto. They’re the latest sign of Canada and India’s spiraling relations

 

On a recent Sunday afternoon in the Canadian city of Brampton, just outside of Toronto, a face-off between two religious groups outside a Hindu temple erupted into violence.

Pro-Khalistan Sikhs, there to protest a visit by Indian consular officials, clashed with members of the Hindu congregation. Each side hurled flagpoles and fists at one another in an incident which triggered days of violence across Canada and led to multiple arrests.

The clashes earlier this month were the latest flashpoint in a broader dispute between Canada and India, which has simmered for decades but boiled over in the last year over the assassination of a Sikh separatist on Canadian soil.

Last year, Canadian Prime Minister Justin Trudeau said he had credible information linking the Indian government to the assassination of Hardeep Singh Nijjar, an Indian-born Canadian national and Sikh dissident who was an outspoken supporter of Khalistan, a proposed autonomous homeland for Sikhs in northern India.

Canadian authorities have repeatedly said they have shared the evidence with Indian counterparts. Indian government officials deny that Canada has provided evidence and have called the allegations absurd.

Canadian Prime Minister Justin Trudeau attends a press conference following Canada's expulsion of six Indian diplomats, in Ottawa on October 14, 2024.

New Delhi had previously designated Nijjar as a terrorist and accused him of being behind a banned militant group that sought to “radicalize the Sikh community across the world” in support of Khalistan. The movement is banned in India and considered a national security threat.

Tensions between Ottawa and New Delhi further escalated last month when the Canadian government publicly accused Indian government agents – including Indian Prime Minister Narendra Modi’s closest aide – of plotting to kill pro-Khalistan Sikhs in Canada, which is home to one of the largest Sikh communities outside of India.

Canada expelled six Indian diplomats, including the high commissioner, after police linked the envoys to homicides, extortion and other violent acts against Sikh separatists in the country, including Nijjar. Canada’s national police force also said it had uncovered more than a dozen “credible and imminent threats to life” of members of the South Asian community, specifically from the pro-Khalistan movement.

India, in turn, expelled six Canadian diplomats.

Canada further ratcheted up tensions by outright accusing Amit Shah – India’s home affairs minister and Modi’s number two – of ordering the violent plots. Shah, an influential player in Indian domestic politics, is widely seen as Modi’s potential successor in the ruling Hindu-nationalist Bharatiya Janata Party.

The stunning and highly public allegations by Canada – which India has strongly denied calling them “absurd and baseless” – have raised concern among its “Five Eyes” intelligence-sharing allies – the United States, United Kingdom, Australia, New Zealand – who have pursued deeper ties with India in recent years, in part to counter China’s increasingly aggressive behavior in the Asia-Pacific region.

The US has also accused an Indian government official of being involved in a conspiracy to kill a Sikh activist and American citizen in New York City. The Indian government similarly denied any involvement in the alleged plot, however New Delhi’s response in setting up a high-level committee to investigate the American accusations contrasts with its vocal condemnation of Canada’s accusations.

Demonstrators rally outside the Consulate General of India in Toronto, Canada following the murder of Sikh separatist Hardeep Singh Nijjar, on September 25, 2023.

While the existence of pro-Khalistan factions in Canada has long bothered India and acted as a wedge between the two countries, experts say tensions have sharply escalated under Modi and Trudeau, with little prospect for resolution.

“It was really like a festering sore for quite some time,” said Michael Kugelman, director of the South Asia Institute at the Wilson Center in Washington, DC, who said the disagreement over Khalistan “has really torpedoed the relationship.”

The Khalistan disconnect

At the heart of the current conflict between India and Canada is the disconnect in how each side views the Khalistan movement, says Kugelman.

The Khalistan movement grew in the 1980s and 1990s when the Indian government violently cracked down on Sikhs, following the assassination of former Indian Prime Minister Indira Gandhi by two of her Sikh security guards in 1984.

Thousands of Sikhs moved abroad to places like Australia, the UK, the US, and Canada. While the Khalistani ideology lost resonance in India, it remained more alive in the diaspora.

India has long accused Canada of harboring Sikh extremists, allowing more hardline elements of the Khalistan movement to thrive – a premise Canada rejects, said Stephanie Carvin, a former Canadian intelligence analyst and associate professor of international affairs at Ottawa’s Carleton University.

Violence related to Sikh extremism in Canada goes back decades with the 1985 bombing of Air India Flight 182, the worst terror attack in Canada’s history, a tragedy that continues to strain relations between the two countries.

Canada-based Sikh extremists planted a bomb on a Mumbai-bound passenger flight from Montreal, killing all 329 people on board, in what was widely seen as revenge against the Indian government. The only person who was convicted in the bombing was released in 2017 by Canadian courts after serving two decades in jail.

Members of the Hindu Sikh Global Forum protest the clashes between Hindu and Sikh communities in Canada in New Delhi, India, on November 9, 2024.

For years, India has accused Canada of failing to prevent the attack after it warned the Canadian government of the possibility of a bombing. A Canadian inquiry two decades later found the attack was due to a “cascading series of errors” by the government, police and intelligence services.

While most of the victims were Canadians, the tragedy was viewed by many in Canada as “something foreign,” Carvin said, which some observers allege influenced the government’s response.

Aside from a small minority of violent Sikh separatists, Canada does not see the Khalistan movement as the threat India does, according to Carvin.

Canada has said Sikhs have a right to peaceful protest and Trudeau has largely avoided categorical condemnation of Sikh separatism. However, the Canadian prime minister recently acknowledged that Khalistan separatists “do not represent the Sikh community” in Canada.

“India and Canada have typically taken a very different view as to what constitutes permissible activity, because it doesn’t break Canadian law to advocate for a Sikh separatist state in Canada,” Carvin said.

But the Sikh insurgency of the 1980s and its campaign of violence remains very strong in the memory of the New Delhi political elite, said Harsh Pant, foreign policy head at the New Delhi-based Observer Research Foundation think tank.

A downward spiral of relations

While the Khalistan issue has persisted for decades, relations between Canada and India have plummeted under Modi and Trudeau.

When Trudeau visited India in 2018 for his first official visit, his calendar, which was light on diplomatic meetings, was seen by many as a “snub” from New Delhi. Local media in both India and Canada linked Trudeau’s reception – or lack thereof – to the issue of Sikh separatists.

India's Prime Minister Narendra Modi (L) walks alongside Home Affairs Minister Amit Shah outside a polling station during India's general election, in Ahmedabad, India, on May 7, 2024.

A year earlier, the Canadian leader was seen at a Sikh event in Toronto where separatist flags and posters depicting an extremist Sikh leader killed in a 1984 Indian Army operation were displayed.

Trudeau’s visit to India further roiled tensions after it became known Canada had invited a former member of a Sikh extremist organization, a man convicted of attempted murder, to attend an official dinner with the prime minister while in New Delhi. That invitation was swiftly rescinded, according to CNN affiliate CBC News.

In October, Trudeau told reporters that India made a “fundamental error” by “supporting criminal activity against Canadians on Canadian soil.”

“Here is a case of the top official in Canada very publicly leveling one of the most serious allegations one could make against India, one that relates to an issue that is extremely sensitive for New Delhi,” Kugelman, of the South Asia Institute, said. “It really reinforced this anger in New Delhi that Canada simply doesn’t care about these concerns, and it’s willing to embarrass India.”

Carvin, the former Canadian intelligence analyst, said she believes Canada was pushed into a corner.

“It seems pretty clear that the Indian government is not willing to meet with its Canadian counterparts in the same way that they’re willing to meet with (the US),” she said.

Earlier this month the two leaders had what looked like an amicable exchange as they posed for a group photo at the recent G20 summit in Rio de Janeiro, Brazil, alongside US President Joe Biden. Photos showed Biden with his arm around Modi, as the three world leaders shared a laugh.

Canada's Prime Minister Justin Trudeau, from left, US President Joe Biden and India's Prime Minister Narendra Modi gather for the G20 Summit world leaders' group photo, in Rio de Janeiro, Brazil on November 19, 2024.

Growing mistrust

Canadian leaders were quick to denounce the recent violence in Brampton and crack down on those involved in the clashes. At least five people have been arrested, and a local police officer was suspended after he was caught on camera participating in the protest while off duty, according to CBC. Brampton’s city council passed a bylaw prohibiting protests around religious places.

Modi also spoke out on the violence, calling it a “deliberate attack on a Hindu temple in Canada,” slamming the protesters for “cowardly attempts to intimidate our diplomats.”

“Such acts of violence will never weaken India’s resolve,” Modi wrote on X. “We expect the Canadian government to ensure justice and uphold the rule of law.”

That Modi, who up until now has largely avoided weighing in on the diplomatic spat, issued comments on the tussle shows just how fraught relations have gotten, analysts say.

Implicating Shah in the Nijjar killing on Canadian soil was an “incredibly serious provocation” from Ottawa, Kugelman said.

“At this point, the risk is that it could really hijack the relationship, to the point that the areas of cooperation that continue to play out, such as trade, could become casualties,” Kugelman said.

Pant, of the Observer Research Foundation, said he does not believe the relationship is salvageable under current leadership, with so much ill will between Modi and Trudeau. Canada’s next federal election is set to take place before next October.

“The level of mistrust between India and the Trudeau administration has been building up and growing,” Pant said, adding that he doesn’t think there is “space to diplomatically resolve it.”

Hindus safe in Bangladesh: Muhammad Yunus

 Amid the ongoing uproar over the arrest of Hindu priest Chinmoy Krishna Das Prabhu in Dhaka, Shafikul Islam, press secretary to Bangladesh’s Chief Advisor Muhammad Yunus, reassured that Hindus were “safe” in Bangladesh and there was no threat to the minorities in the country.

In an interview with CNN-News18, Shafikul Islam also emphasised that the Bangladeshi regime has no intentions to ban the International Society for Krishna Consciousness (ISKCON).

His comments come in the wake of heightened tensions following the arrest of former ISKCON priest Chinmoy Krishna Das on sedition charges and the subsequent demands to ban the Hindu organisation ever since.

Despite the constant ban calls, Shafikul Islam firmly said, “I don’t know about the case trial, but the ISKCON will not be banned in Bangladesh.”

The Bangladesh high court on Thursday rejected a petition seeking a ban on ISKCON's activities in the country after a lawyer had sought a ban on the International Society for Krishna Consciousness.

'Chinmoy Krishna Das will get a fair trial'

Addressing the recent violence that erupted among minority communities in Bangladesh, Islam said, “Hindus are safe in Bangladesh. An industrial-level disinformation campaign is going on. I request you to come and cover the ground. Bangladesh witnessed violence in the initial few days, and the situation is now under control."

Israel committing Gaza war crimes and ethnic cleansing, says Moshe Yaalon

 Former Israeli Defence Minister Moshe Yaalon has accused Israel of committing war crimes and ethnic cleansing in the Gaza Strip, echoing the allegations by the International Criminal Court against Prime Minister Benjamin Netanyahu and his former defence minister, Yoav Gallant.

Yaalon, a former army chief of staff, told Israeli media that hardliners in Netanyahu’s far-right cabinet were looking to chase Palestinians from northern Gaza and wanted to re-establish Jewish settlements there.

“I am compelled to warn about what is happening there and is being concealed from us,” Yaalon told public broadcaster Kan on Sunday.

“At the end of the day, war crimes are being committed.”

In an interview with the private DemocratTV channel, Yaalon said, “The road we are being led down is conquest, annexation and ethnic cleansing.”

Pressed on the “ethnic cleansing” appraisal, he said: “What is happening there? There is no more Beit Lahiya, no more Beit Hanoon, the army intervenes in Jabalia and in reality, the land is being cleared of Arabs.”

Yaalon served as defence minister under Netanyahu from 2013 to 2016 and has been a fierce critic of the prime minister ever since.

Netanyahu’s Likud party accused him of spreading “slanderous lies”, while Foreign Minister Gideon Saar, head of a small rightist party, said his accusations were baseless.

The ICC last month issued arrest warrants for Netanyahu and Gallant for alleged war crimes and crimes against humanity in the Gaza conflict.

epa11751062 Palestinians walk near the rubble of a destroyed building following an Israeli airstrike in Al Nuseirat refugee camp, central Gaza Strip, 01 December 2024. According to the Palestinian Ministry of Health in Gaza, at least 15 Palestinians were killed following an Israeli airstrike in Al Nuseirat refugee camp overnight. More than 44,300 Palestinians and over 1,400 Israelis have been killed, according to the Palestinian Health Ministry and the Israeli Army, since Hamas militants launched an attack against Israel from the Gaza Strip on 07 October 2023, and the Israeli operations in Gaza and the West Bank which followed it. EPA-EFE/MOHAMMED SABER
Palestinians walk near the rubble of a destroyed building following an Israeli air raid in the Nuseirat refugee camp in central Gaza Strip [Mohammed Saber/EPA]

‘Immediate and permanent’ ceasefire

Palestinians have long accused Israel of carrying out ethnic cleansing in Gaza during the ongoing conflict.

In an interview with Al Jazeera, Palestinian-American historian Rashid Khalidi, the Edward Said professor emeritus of modern Arab studies at Columbia University, said the “genocide” happening in Gaza since October 2023 is “worse than any phase of Palestinian history”.

In recent weeks, the Israeli military has intensified attacks on northern Gaza, saying they are targeting Hamas fighters who have regrouped, forcing civilians to flee the area. United Nations agencies say Palestinians are suffering from more than a month of military siege in the north.

On Thursday, Housing Minister Yitzhak Goldknopf visited the Gaza border and backed an initiative to re-establish settlements in the enclave.

“Jewish settlement here is the answer to the terrible [October 7, 2023] massacre and the answer to the International Criminal Court in The Hague,” Goldknopf was quoted as saying in Israeli media.

Most world powers deem settlements built in territory Israel seized in the 1967 war as illegal and see their expansion as an obstacle to peace, since they eat away at land the Palestinians want for a future state.

On Sunday, leaders of the Gulf Cooperation Council (GCC) reiterated their calls for an “immediate and permanent” ceasefire in Gaza during their meeting in Kuwait.

The leaders “condemned in the strongest terms the shocking and horrific crimes committed by Israeli occupation forces in the Gaza Strip as part of a genocide and ethnic cleansing agenda” against Palestinians.

They also welcomed the ICC arrest warrants against Netanyahu and Gallant.

As negotiations continue for an elusive ceasefire, Israeli forces struck Beit Lahyia on Monday, killing at least 10 more Palestinians.

Israel’s genocide in Gaza has killed at least 44,429 Palestinians and wounded 105,250 since October 7, 2023. At least 1,139 people were killed in Israel during the Hamas-led attacks that day, and more than 200 were taken captive.

Video Duration 2 minutes 53 seconds

ICC president says war crimes tribunal is in jeopardy

 THE HAGUE, Dec 2 (Reuters) - The president of the International Criminal Court on Monday said threats facing the institution, including possible U.S. sanctions and Russian warrants for staff members, "jeopardise its very existence".

Speaking at an annual conference of the court's 124 members, President Judge Tomoko Akane did not name Russia or the United States but referred to them as permanent members of the U.N. Security Council.
"It's clear by any metric, by any benchmark, this assembly is at a pivotal time," ICC chief prosecutor Karim Khan said in his speech at the opening of the conference.
"We are facing unprecedented challenges. We see civil society victims, survivors, humanity at large, I think have unprecedented expectations," Khan said.
Russia issued an arrest warrant for Khan two months after the court in The Hague issued a warrant for Russian President Vladimir Putin.
The United States House of Representatives in June passed a bill to sanction the court in response to Khan's request for an arrest warrant against Prime Minister Benjamin Netanyahu and his former defence chief, Yoav Gallant.
"The Court has been subjected to attacks seeking to undermine its legitimacy and ability to administer justice and realise international law and fundamental rights; coercive measures, threats, pressure and acts of sabotage," Akane said, adding that more warrants had been issued against court employees.
The ICC is also "being threatened with draconian economic sanctions from institutions of another permanent member of the Security Council as if it was a terrorist organisation. These measures would rapidly undermine the Court's operations in all situations and cases and jeopardise its very existence," she said.
While the United States is not a member of the court, the world's preeminent military and financial power could undermine the ICC diplomatically and politically and with financial sanctions targeting its staff.
The International Criminal Court building is seen in The Hague
The International Criminal Court building is seen in The Hague, Netherlands, January 16, 2019. REUTERS/Piroschka van de Wouw Purchase Licensing Rights, opens new tab
She said the court firmly rejects any "attempt to influence (its) independence and impartiality. We resolutely dismiss efforts to politicise our function. We have and always will comply only with the law, under all circumstances."
The court was established in 2002 to prosecute war crimes, crimes against humanity, genocide and the crime of aggression when member states are unwilling or unable to do so themselves.

'STEP TOWARDS UNRAVELLING'

In its 22 years, the court has not shied away from taking on powerful leaders, including Putin, targeted with an arrest warrant last year over accusations his authorities abducted children from Ukraine, which he and Russia deny. On Wednesday, the prosecutor sought a warrant for Myanmar's military ruler Min Aung Hlaing.
Netanyahu's warrant marks the first time the court has targeted such a figure as the serving leader of a country closely allied to the rich countries of the West.
The ICC, a court of last resort when national authorities are unwilling or unable to act, has no police force. Countries that have signed its founding treaty are on paper required to detain Netanyahu should he arrive on their territory.
But already several European founding members have publicly said they might not do so. France said Netanyahu is immune; Italy said he might be. Britain and Germany have avoided directly explaining how they would act.
Even the Netherlands, which hosts the court in The Hague, has said there could be circumstances in which Netanyahu might be able to visit, without spelling out what those conditions might be.
Selective adherence by members to court orders to detain suspects poses "a very dangerous escalation, a step towards the unravelling of the ICC statute system as a whole," said Sergey Vasiliev, a professor of International Law at the Netherlands Open University and a long-time ICC watcher.
"Now the question is about how serious the state's parties are with respecting the decisions of the court, even in the situation where they do not like the decision," he said.

The Reuters Daily Briefing newsletter provides all the news you need to start your day. Sign up here.

Celebrating MF Husain, the legacy of India’s first modernist artist

 See the link below for details:

Celebrating MF Husain, the legacy of India’s first modernist artist - Times of India


M.F. Husain, an influential modernist painter of India.

US Response to ICC Netanyahu Warrant Could Deal Death Blow to International Law

 

The International Criminal Court’s (ICC) stunning issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for war crimes and crimes against humanity is a major game changer. After years of impunity, the chickens unleashed by Israel’s genocidal campaign in Gaza have finally come home to roost.

These charges against Netanyahu and Gallant are momentous. This is the first time the ICC has issued arrest warrants against an Israeli official for crimes against the Palestinian people. It is only the second time in its 22 years of existence that the ICC has issued an arrest warrant for someone who is not from the African continent.

Palestinian human rights organizations Al-Haq, Al Mezan Center for Human Rights, and the Palestinian Centre for Human Rights called the ICC’s decision “a historic and pivotal moment in the battle against Israel’s impunity, in which the Palestinian people have been denied justice, and subjugated for decades under a genocidal, settler-colonial apartheid regime.”

U.S. History of Undermining the ICC

The United States had a fraught relationship with the ICC even before it opened for business in 2002. As President Bill Clinton was leaving office, he signed the court’s Rome Statute, stating, “I believe that a properly constituted and structured International Criminal Court would make a profound contribution in deterring egregious human rights abuses worldwide, and that signature increases the chances for productive discussions with other governments to advance these goals in the months and years ahead.”

But Clinton urged incoming President George W. Bush to refrain from sending it to the Senate for advice and consent to ratification. Bush went even further and, in an unprecedented move, unsigned the treaty on behalf of the United States. Since then, the U.S. has consistently tried to undermine the ICC.

In 2003, Congress passed and Bush signed the American Service-Members’ Protection Act, which is known as “The Hague Invasion Act.” It says that if a U.S. or allied national is detained by the ICC in The Hague, Netherlands, the U.S. military can use armed force to extricate them. This would apply to close U.S. ally Israel.

The Bush administration effectively blackmailed 100 countries that were parties to the Rome Statute by forcing them to sign bilateral immunity agreements in which they promised not to turn over U.S. persons to the ICC or the United States would withhold foreign aid from them.

Senate Majority Leader John Thune has introduced bipartisan legislation to sanction ICC prosecutors who try to file charges against Israeli officials. Forty-two Democrats voted for the House version of Thune’s bill.

When he was president, Donald Trump imposed sanctions on ICC prosecutors in a reprisal against the court’s investigations of Israeli leaders, and investigations of U.S. officials for war crimes committed in Afghanistan. Although President Joe Biden reversed Trump’s order in 2021, he reiterated the U.S. government’s “longstanding objection to the Court’s efforts to assert jurisdiction” over Israeli and U.S. personnel.

The Biden administration, which has sent at least $17.9 billion in military aid to Israel since October 7, 2023, denounced the charges against Netanyahu and Gallant. A spokesperson for the National Security Council said in a statement that the ICC has no jurisdiction over Israel, the U.S. is consulting with Israel on “next steps,” and “The United States fundamentally rejects the court’s decision to issue arrest warrants for senior Israeli officials.”

By providing military support and diplomatic cover to Israel, U.S. leaders could be charged under the Rome Statute with aiding and abetting Israel’s war crimes and crimes against humanity. But the ICC is unlikely to file such charges.

Will the U.S. government play spoiler of international justice by invading The Hague to extract the Israeli officials if they are arrested? Sen. Tom Cotton (R-Arkansas) responded to the arrest warrants by invoking The Hague Invasion Act. “Woe to him and anyone who tries to enforce these outlaw warrants,” he warned. “Let me give them all a friendly reminder: the American law on the ICC is known as The Hague Invasion Act for a reason. Think about it.”

War Crimes of Starvation as a Form of Warfare and Intentional Attacks on Civilians

On November 21 — Day 441 of Israel’s genocidal campaign which has killed more than 44,000 Palestinian people — the ICC’s Pre-Trial Chamber I announced that it found reasonable grounds to believe Netanyahu and Gallant were co-perpetrators of the war crime of starvation as a method of warfare, committed from at least October 8, 2023, until at least May 20, 2024, the day the Prosecution filed the applications for arrest warrants.

The Chamber found reasonable grounds to believe that Netanyahu and Gallant “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity.” The Chamber noted the role of Netanyahu and Gallant “in impeding humanitarian aid in violation of international humanitarian law and their failure to facilitate relief by all means at its disposal.”

In addition, the decisions by the two Israeli officials to allow or increase humanitarian aid “were not made to fulfil Israel’s obligations under international humanitarian law or to ensure that the civilian population in Gaza would be adequately supplied with goods in need,” the Chamber concluded. They were, rather, “a response to the pressure of the international community or requests by the United States of America.”

The Chamber also found reasonable grounds to believe that Netanyahu and Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population.

Crimes Against Humanity of Murder, Persecution and Other Inhumane Acts

Pre-Trial Chamber I found reasonable grounds to believe that Netanyahu and Gallant were co-perpetrators of the crimes against humanity of murder, persecution, and other inhumane acts during the same time period.

“[T]he lack of food, water, electricity and fuel, and specific medical supplies, created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, which resulted in the death of civilians, including children due to malnutrition and dehydration,” the Chamber concluded. Thus, “there are reasonable grounds to believe that the crime against humanity of murder was committed in relation to these victims.”

Moreover, “by intentionally limiting or preventing medical supplies and medicine from getting into Gaza … the two individuals are also responsible for inflicting great suffering by means of inhumane acts on persons in need of treatment,” the Chamber stated. “This amounts to the crime against humanity of other inhumane acts.”

The Chamber also found reasonable grounds to believe that the conduct of Netanyahu and Gallant “deprived a significant portion of the civilian population in Gaza of their fundamental rights, including the rights to life and health, and that the population was targeted based on political and/or national grounds.” It therefore concluded that they committed the crime against humanity of persecution.

Netanyahu Denounced the Arrest Warrants

Netanyahu’s denunciation of the arrest warrants was swift and strong. He called the ICC’s decision an “antisemitic move with one goal: to deter me, to deter us, from exercising our natural right to defend ourselves against our enemies who seek to destroy us.” He denounced the court as “biased” and said its accusations of “fictitious crimes” are “absurd” and “distorted,” adding, “This is a moral bankruptcy” that impairs the “natural right of democracies to defend themselves against murderous terrorism.”

Israel’s claim of self-defense is spurious. In its 2004 advisory opinion on the “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,” the ICJ established the non-applicability of self-defense under Article 51 of the UN Charter in the situation between Israel and the Occupied Palestinian Territory. Indeed, the Fourth Geneva Convention requires Israel, as Occupying Power, to protect the occupied Palestinian people. And it is Israel’s genocidal actions, not the ICC’s arrest warrants, that are fomenting antisemitism. The widespread opposition to the genocide is not based in antisemitism, but rather revulsion at the atrocities Israel is committing against the Palestinian people.

The Chamber rejected Israel’s claim that the ICC has no jurisdiction over the Situation in Palestine. The fact that Israel is not a party to the Rome Statute is not a bar to the ICC’s jurisdiction, the Chamber concluded. The State of Palestine has been a state party to the Rome Statute since 2015. The court cited its February 2021 decision, in which Pre-Trial Chamber I held that the court could exercise criminal jurisdiction in the Situation in Palestine and that the territorial scope of this jurisdiction extended to Gaza and the West Bank, including East Jerusalem.

Parties to the Rome Statute Say They Would Send Netanyahu and Gallant to The Hague

Now, all 124 states parties to the Rome Statute have a legal obligation to arrest Netanyahu and Gallant and send them to the ICC if they are caught in the state’s territory. Several states parties — including Canada, Italy, the U.K., Belgium and the Netherlands — have expressed their intention to comply with this legal duty.

“The states that signed the Rome convention are obliged to implement the decision of the court. It’s not optional,” High Representative of the European Union for Foreign Affairs and Security Policy Josep Borrell said while in Cyprus for a meeting of Israeli and Palestinian peace activists.

But if any country sends Netanyahu and Gallant to The Hague, the U.S. may well send troops in to extract them.


The Hidden Toll of Local Revenue: How Bangladesh’s District Administration Is Forced Into Corruption

By Habib Siddiqui (Based on information shared by senior public servants who requested anonymity) Bangladesh’s citizens often imagine the...