We warned you: the wholesale destruction of Gaza was not an exception, it was a blueprint to crush anyone who opposes the plutocratic imperialism embodied by US/Israel and their global allies.
Act now: defend int[ernational] law from lawlessness, before the rupture becomes irreversible.

Francesca Albanese, post on X, March 1, 2026

A bloodstained backpack left after the Israeli-US missile strike on Minab elementary girls’ school, Iran, February 28, 2026. BDS.

On February 28, Mark Carney issued a statement on what he delicately termed the “Iran-related hostilities throughout the Middle East.” He did not call them the “Israel-initiated hostilities” or the “US-initiated hostilities,” despite the fact that the hostilities originated in a so-called “preemptive strike” on Iran by Israel and the US earlier that day. 

“Canada,” the PM’s statement proclaimed, “supports the United States acting to prevent Iran from obtaining a nuclear weapon and to prevent its regime from further threatening international peace and security” (my emphasis). This was a clear endorsement not only of the (purported) political objectives of the US military action, but of the action itself

Preemptive massacres 

So what, exactly, is Canada supporting? Equally to the point, what is it opposing?

During the first round of strikes, Israeli and US missiles assassinated Iran’s Supreme Leader, Ayatollah Ali Khamenei, along with his daughter, son-in-law, grandchild, and daughter-in-law. Khamenei’s wife died from her injuries on March 2. The IDF boasted of taking out 40 top Iranian commanders “in the first minute” of the attack, including armed forces chief of staff Maj.-Gen. Abdolrahim Mousavi.

So successful were these targeted assassinations that on March 3 Donald Trump told reporters that “Most of the people we had in mind [to succeed Khameini] are dead … And now we have another group. They may be dead also based on reports. So, I guess you have a third wave coming in. Pretty soon we’re not going to know anybody.”

Military and political leaders were not the only casualties. According to the Iranian Red Crescent, the first day of the war left 555 dead across Iran. Bombings have continued every day since, with the capital Tehran being especially hard hit. By March 5 the death toll had reached 1,230—more than the number of people killed in the Hamas attack on Israel of 7 October 2023, which appalled the world and precipitated Israel’s Gaza “war.”

Thousands of kilometers away off the coast of Sri Lanka “an American submarine sank an Iranian warship that thought it was safe in international waters. Instead, it was sunk by a torpedo. Quiet death.”  I quote US secretary of war—he’s no longer called secretary of defense—Pete Hegseth. Eighty-seven bodies were recovered. 

The war has meantime spread to Lebanon, where Israel is carpet-bombing and has ordered more than half-a-million people to evacuate Beirut’s southern suburbs.

Most horrifically, a missile attack on the Shajareh Tayyebeh girls’ elementary school in Minab in southern Iran killed at least 165 people, most of them schoolgirls aged 7 to 12. 

Israel disowns the Minab massacre, stating that it has not “found any connection to our operations.” The Pentagon is “investigating,” but Pete Hegseth has assured the world that “we of course never target civilian targets” and US secretary of state Marco Rubio protests “The United States would not deliberately target a school.”

Neither Carney nor foreign minister Anita Anand have yet uttered a word of regret about the Minab slaughter. In fact, they haven’t mentioned it at all. But while remaining silent on what—at the least—is a tragic instance of collateral damage, they rushed to condemn the “strikes carried out by Iran on civilian infrastructure across the Middle East.” 

According to Anand, it is Iran’s retaliatory strikes, not the the Israeli-US aggression that Canada supports, that “represent an unacceptable escalation and a blatant attempt to further destabilize the region.” The first European leader to publicly react to the war, EU commissioner Ursula von der Leyen, also denounced Iran’s “reckless and indiscriminate strikes” as “a blatant violation of … sovereignty and a clear breach of international law,” without mentioning, still less condemning, the Israeli-US actions that provoked them.

This is self-evidently absurd. Asked by NBC News why Iran was attacking US bases in neighboring Gulf states, the Iranian foreign minister gave the only appropriate response: “Um, because you’re bombing us from those bases? What do you want me to say?” 

Value-based realism?

Carney’s backing for the Israeli-US strikes on Iran came as a nasty shock to many in Canada and abroad in light of his widely-acclaimed address at the World Economic Forum in Davos little more than a month earlier. 

Carney began his Davos speech by acknowledging “a rupture in the world order, the end of a pleasant fiction, and the beginning of a harsh reality where geopolitics—where the large, main power—is submitted to no limits, no constraints.” But, he argued, 

the other countries, particularly intermediate powers like Canada, are not powerless. They have the capacity to build a new order that encompasses our values, like respect for human rights, sustainable development, solidarity, sovereignty, and territorial integrity of the various states.

The power of the less powerful starts with honesty.

Invoking former Czech president Václav Havel’s parable of the Prague greengrocer who places a sign in his window every morning reading “Workers of the World Unite” not because he believes it but “to avoid trouble, to signal compliance, to get along,” Carney urged: “Friends, it is time for companies and countries to take their signs down.

Middle powers like Canada should adopt “value-based realism” in foreign policy. He presented this approach as

both principled and pragmatic—principled in our commitment to fundamental values, sovereignty, territorial integrity, the prohibition of the use of force, except when consistent with the UN Charter, and respect for human rights, and pragmatic and recognizing that progress is often incremental, that interests diverge, that not every partner will share all of our values.

Carney’s value-based realism seems to have crumbled in the face of its first test. 

Odious as the ayatollahs’ regime may be when judged from the standpoint of human rights as proclaimed—though not always honored—by the West, the Israeli-US attack has unquestionably violated Iran’s sovereignty and territorial integrity and is manifestly not consistent with the UN Charter or international law. 

Article 2(4) of the UN Charter states categorically that “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state.” However evil a regime may be, force may only be used in pursuit of regime change if the UN Security Council has authorized it.

While Article 51 permits the use of force in self defence, this has been understood to mean “in response to an actual or truly imminent armed attack.” Preemptive defensive action is admissible only when the risk of attack is “instant, overwhelming, and leaving no choice of means, and no moment for deliberation” (the so-called Caroline Test). 

This was not the case here. Notwithstanding White House press secretary’s Karoline Leavitt’s assertion that “The president had a feeling … based on fact, that Iran was going to strike the United States,” administration officials told congressional staff in private briefings on March 1 that “U.S. intelligence did not suggest Iran was preparing to launch a preemptive strike against the U.S.” Do Trump’s feelings now override international law?

A war of choice

Whether the US action was undertaken to prevent Iran from obtaining a nuclear weapon, as Carney says, must also be seriously doubted. It is more likely a pretext for war, just like George W. Bush’s false claim that Saddam Hussein possessed weapons of mass destruction during the lead-up to the 2003 Gulf War. The difference in this case is that the US has not even gone through the motions of seeking UN support for the attack.

Trump has repeatedly claimed that the US “completely and totally obliterated” Iran’s nuclear capabilities when it bombed them back in June 2025. This may just be typical Trumpian bluster, but on March 3 Rafael Grossi, the director general of the International Atomic Energy Agency (IAEA), said his inspectors had not uncovered any evidence of “a systematic and structured program to manufacture nuclear weapons.” 

Before the attack, negotiations on the nuclear issue were well underway between Iran and the US, and seemed headed for a favorable outcome. The Omani foreign minister, who was mediating the talks, told CBS News “Face the Nation” moderator Margaret Brennan on February 27 that he was confident “a peace deal is within our reach.” 

Iran, he explained, was prepared to agree to a deal in which it “will never, ever have a nuclear material that will create a bomb”; its existing stockpiles of enriched uranium would be “down blended to the lowest level possible … and converted into fuel”; and there would be “full and comprehensive verification by the IAEA.”

Asked whether he feared that “Israel is planning to take a first strike, even though the U.S. and Iran are agreeing to talk,” Albusaidi replied “I hope that is not the case.” 

This fear likely explains why the Omani minister went public in the first place. As Triti Parsi points out, he wanted to make clear to the world that although “what has actually been achieved in the negotiations is quite unprecedented … everything indicates that Trump won’t take yes for an answer. That he will start a war of choice very soon.” 

Marco Rubio later let the cat out of the bag when he told the press that the “imminent armed attack” that led the US to launch its so-called “preemptive defensive strike” was in fact Israel’s strike on Iran. The logic is straight out of Joseph Heller’s Catch-22

The president made the very wise decision—we knew that there was going to be an Israeli action [against Iran], we knew that that would precipitate an attack against American forces, and we knew that if we didn’t preemptively go after them before they launched those attacks, we would suffer higher casualties.

Stung by the suggestion that he could possibly be Bibi Netanyahu’s puppet, Donald Trump subsequently denied that the US was “pushed into war” by Israel (“I think they [Iran] were going to attack first, and I didn’t want that to happen. So, if anything, I might have forced Israel’s hand”). But this only confirms that this indeed was a war of choice.

The fault line in our foreign policy

Carney’s support for the Israeli-US attack has copped a lot of flak in Canada and beyond. Lloyd Axworthy—no “radical left lunatic,” but a well-respected former foreign minister in Jean Chrétien’s government—called out the glaring hypocrisy:

Canada’s response to the U.S.–Israeli strikes on Iran exposes a fault line at the heart of our foreign policy.

We invoke international law and the “rules based international order” when adversaries engage in unlawful actions, but abandon those same rules entirely when it’s the Americans—whose current government 60 per cent of Canadians now see as a threat—doing the bombing. 

Axworthy is only echoing Carney’s own admission in Davos “that international law [was] applied with varying rigour depending on the identity of the accused or the victim.” 

“The double standard is obvious,” Axworthy goes on: “when Russia uses force without lawful grounds [as in the invasion of Ukraine], it is condemned as an outlaw; when the U.S. does something legally analogous, we kowtow in an effort to curry favour.”

More importantly, in the context of this article, Axworthy questions whether supporting the US in this illegal war is remotely in Canada’s national interest—precisely because of the new world disorder (or as Sandra Kendzior dubs it, the “no world order”) described by Carney, within which “the middle powers must act together, because if we’re not at the table, we’re on the menu … ” 

“We shouldn’t allow the rise of hard power to blind us to the fact that the power of legitimacy, integrity and rules will remain strong, if we choose to wield them together,” Carney continued. This means, among other things, “acting consistently, applying the same standards to allies and rivals” (my emphasis). 

Not only, then, is Canada’s support for the Israeli-US war on Iran unprincipled. It is also, on Carney’s own premises, unpragmatic. “For a country that depends on law more than force for its own security,” Axworthy concludes, “that is not realism; it is recklessness.”

If Canada condones the US attack on Iran, then what will we say if Trump decides to make good on his repeated threats to absorb Greenland (“I think we’re going to have it”) and make Canada “a cherished and beautiful 51st state”? Who will be there for us? 

Putting the signs back up

Mark Carney is far from stupid, and though he may be a novice in politics his experience of moving in the top circles of international governance is unrivalled among Canadians. He knows that—as he later admitted to a Toronto Star reporter—”the United States and Israel have acted without engaging the United Nations or consulting allies, including Canada” and that the attack is “prima facie inconsistent with international law.” 

He must also be well aware that his endorsement of the US action will dismay many of his supporters—not just among the progressive left, but more centrist Canadian opinion—not least because what allowed him to overturn the enormous lead Pierre Poiliévre had in opinion polls and win the federal election was his perceived willingness to stand up to American bullying. His slogan “Elbows Up!” was a stroke of genius, summoning up the shades of Gordie Howe and Terry Fox to come to the aid of the nation in its hour of need. 

The first Canadian opinion poll since the Israeli-US strike on Iran, from Angus Reid, does not bode well for Carney: 35% supported the attack, 48% opposed it, and 17% were unsure. Most worrying for the Liberal government was the finding that just 17% of past Liberal voters—in other words, those who elected Carney—supported his position.

Carney’s support for the Israeli-US attack also manifestly does nothing for our standing with the middle powers with whom he sought to cooperate in “building what we claim to believe in, rather than waiting for the old order to be restored … something bigger, better, stronger, more just …” So what gives?

Carney didn’t have to endorse Trump’s attack on Iran. So the inevitable question arises: why did he?

For Spain read spine

Carney is not the only one to find himself impaled on the horns of this dilemma. The US-Israel attack on Iran led to uncertainty as to how to respond across western capitals. 

Though Norway’s PM Gahr Støre complained that “The attacks this morning and the spreading of the conflict to Iran’s neighbouring countries is not in line with international law,” Spain was the only EU member to condemn the US-Israeli attack outright. 

Prime minister Pedro Sánchez refused the US permission to use jointly-operated bases for launching strikes on Iran, leading Trump to threaten “We’re going to cut off all trade with Spain. We don’t want anything to do with Spain.” Sanchez was unbowed, stating thathis country “will not be complicit in something that is bad for the world—and that is also contrary to our values ​​and interests—simply out of fear of reprisals from someone.” 

On March 4 Karoline Leavitt assured reporters “I think [Spain] heard the president’s message yesterday loud and clear. It is my understanding over the past several hours they’ve agreed to cooperate with the US military.” 

Whether this is a sign of American insecurity or just another regular White House Lie™ I can’t say, but José Manuel Albares soon set the record straight:

The Spanish government’s position on the war in the Middle East, the bombings in Iran, and the use of our bases has not changed one iota. Our ‘no to war’ stance remains clear and unequivocal … She may be the White House press secretary, but I’m the foreign minister of Spain and I’m telling her that our position hasn’t changed at all.

Take note Mr Carney. This might be what “value-based realism” looks like. As Václav Havel knew better than most, when the going gets tough living in truth takes cojones.

The devil or the deep blue sea?

Other EU leaders were more circumspect. In the immediate aftermath most denounced the Iranian regime and several welcomed the death of Khamenei. Needless to say, there was widespread condemnation of Iran’s retaliatory strikes. But it is noteworthy that while nobody followed Sánchez in rejecting the Israeli-US action, nobody followed Carney in voicing support for it either. For that he had to wait for Australia and New Zealand

Even Germany, whose Middle Eastern policy seems to comprise atoning for its part in the Holocaust by facilitating genocide in Palestine, prefers not to jump too visibly on Trump’s bandwagon. Pressed on the legality of the Israeli-US operation, Chancellor Friedrich Merz diplomatically evaded the question: “Categorizing the events under international law will have relatively little effect. This is not the moment to lecture our partners and allies. Despite our reservations, we share many of their objectives.” He again dodged the issue when questioned after meeting with Trump on March 4.

Britain, France, and Germany issued a joint statement on March 1 condemning “the indiscriminate and disproportionate missile attacks launched by Iran against countries in the region” in which they promised “to work together with the US and allies in the region … potentially through enabling necessary and proportionate defensive action to destroy Iran’s capability to fire missiles and drones at their source.” Again, they stopped short of expressing support for the Israeli-US attack itself, on which the statement was silent.

The next day France’s Minister for Europe and Foreign Affairs Jean-Noël Barrot began to distance France from Israel and the US. Asked by a journalist whether “France today believes this war is justified, because you haven’t condemned it,” he responded: “we weren’t informed and didn’t take part in the military operations launched by the United States and Israel … only by facing the Security Council could such operations have had the legitimacy of international law.”

Addressing the nation on the Middle Eastern situation on French TV on March 3, President Emmanuel Macron flatly stated that the Israeli-US attacks were “outside of international law” and France “cannot approve of them.” Italy’s foreign minister Guido Crosetto likewise told his parliament on March 5 that the US-Israeli attack was “in violation of the international law” and confirmed that Italy had no prior knowledge of it.

Caught between not wanting to provoke the wrath—and economic or other retaliation—from “Daddy” (as NATO secretary-general Mark Rutte called Trump), and being dragged into an illegal war that could easily spiral out of control, the Europeans are squirming.

And that “special relationship”?

Perhaps the most entertaining contortions have come from UK prime minister Keir Starmer. Keir cannot have been happy with Trump and Netanyahu putting him on the spot less than a week after his hammering in the Gorton and Denton by-election by the Green Party, whose leader Zack Polanski is a vocal critic of Israel’s genocide in Gaza. 

Walking a tightrope between appeasing Trump and fending off his domestic critics to both the right and the left, Starmer predictably ended up satisfying neither. Speaking in the House of Commons on March 2, he made clear that “The United Kingdom was not involved in the initial US and Israeli strikes on Iran” and “That decision was deliberate.” 

Indeed, Starmer denied US requests to use British military bases for its initial attack on Iran. Furious, Trump complained that “we are not happy with the UK” and “This is not Winston Churchill that we’re dealing with.” “He should be giving us, without question or hesitation, things like bases,” he told the New York Post on March 5. 

However, Starmer continued, “it is now clear that Iran’s outrageous response has become a threat to our partners, to our interests, and to our allies.” For this reason, he was now prepared to modify Britain’s stance to allow the US to use British bases “to destroy the [Iranian] missiles at source, in their storage depots or at their launchers.” 

“To be clear,” he emphasized, “the use of British bases is strictly limited to agreed defensive purposes. The UK has not joined US offensive operations.” 

A lawyer by trade—once upon a time a civil rights lawyer, as well as the UK’s Director of Public Prosecutions—Starmer was certainly, as Trump suggested, “worried about the legality.” He told MPs that government would publish its legal advice (it did), explaining

We all remember the mistakes of Iraq, and we have learned those lessons. Any UK actions must always have a lawful basis, and a viable thought-through plan. That is the principle that I applied to the decisions that I made over the weekend. 

Unlike Macron, nowhere in his speech—or, as far as I am aware, anywhere else—did Starmer comment on the legality of the Israeli-US attack on Iran itself. 

On March 5 German foreign minister Johann Wadephul told reporters in Berlin that “Germany is not participating in this war. And that will remain the case,” and on March 6 Macron was reported as assuring a social media user that “France is not part of this war. We are not in the fight and we are not going to get involved in this war.” 

By contrast, Britain’s deputy PM David Lammy caused consternation when he told BBC Breakfast viewers the same morning that “there was a “legal basis” for the Royal Air Force to participate in strikes on Iranian missile sites” (as distinct from the UK merely allowing the US to use British bases to launch them). Mark Carney, too, has refused to“categorically rule out participation. We will stand by our allies when it makes sense.”

Britain and France have meantime moved ships, planes, and troops into the Middle East, ostensibly for the purposes of aiding the US in its “defensive” strikes on missile facilities or protecting their citizens and allies. It is not hard to see how things might go south.

Why?

Whatever else this circus might be, it is certainly not middle powers banding together to fight power with value-based realism. The abandonment of principles (while paying lip-service to international law) is undeniable. 

But as Lloyd Axworthy observed in relation to Canada, this is hardly good pragmatics either. What do Canada, Australia, the UK, or the EU countries have to gain from getting drawn into an Israeli-US war which if previous experience (Libya, Iraq, Afghanistan, Syria) is anything to go by will only create further chaos in the Middle East and floods of new refugees?

So we must ask, once again, why are they doing this? No doubt there are a multiplicity of reasons, including fear of US tariffs and sanctions, strength of Zionist lobby groups, and (for some) the prospect of money to be made out of armaments, oil, or postwar reconstruction of bombsites into rivieras. 

We also cannot ignore the deep racism underlying Benjamin Netanyahu and Donald Trump’s framing of these wars as “a battle of civilization against barbarism.” If there is one thing that unites the US, Canada, Australia, and the Europeans, it is whiteness. Europeans found it easier to stand up to Trump when he took a fancy to Greenland.

Speaking at the Munich Security Conference on February 14, Marco Rubio laid out an unashamedly imperialist agenda for “a new Western century”:

We are part of one civilization—Western civilization. We are bound to one another by the deepest bonds that nations could share, forged by centuries of shared history, Christian faith, culture, heritage, language, ancestry, and the sacrifices our forefathers made together for the common civilization to which we have fallen heir … And that is what we are defending: a great civilization that has every reason to be proud of its history, confident of its future, and aims to always be the master of its own economic and political destiny.

But if we ask how any of this was possible—how the western world got to where it is now—I believe the answer lies under the rubble in Gaza. 

For more than two years, during much of which Joe Biden, not Donald Trump, was in the White House, the West participated in, endorsed, or at best turned a blind eye to overt war crimes in Gaza. While the UN, ICJ, ICC, and every major human rights organization on the planet warned of genocide, the Western democracies supplied Israel with arms, gave it diplomatic protection at the UN, and punished dissenters at home, while from the BBC to the New York Times an obliging media became a mouthpiece for Israeli hasbara. The US and other governments recklessly shredded international law and sabotaged its key institutions—the UN and its agencies, ICJ, and ICC—in the process.

This is a deeply corrupting process for everyone involved. If you don’t believe me, read Václav Havel’s “Power of the Powerless.”

Asked in February 2025 why he thought the Democratic Party was powerless to resist Donald Trump’s assault on democracy, the writer Ta-Nahisi Coates replied: “I would submit to you that if you can’t draw the line at genocide, you probably can’t draw the line at democracy.” His point applies more generally.

It’s elbows down as Mark Carney and Anita Anand throw Canadian ICC judge Kimberly Prost under the American bus

Canadian Dimension / August 31, 2025 

The flag of the International Criminal Court at The Hague. Photo by Tony Webster/Wikimedia Commons.

A long time ago

“It was an extraordinary moment,” remembered Stephen Lewis, Canada’s ambassador to the United Nations from 1984 to 1988. “I was at the UN for four glorious years. I had never seen anything like it before, and I never saw anything like it afterwards…”

On October 23, 1985, Canadian Prime Minister Brian Mulroney gave an “electrifying” speech to the UN General Assembly, in which he not only denounced the evil of South African apartheid but promised Canada would to do everything in its power to end it:

Canada is ready, if there are no fundamental changes in South Africa, to invoke total sanctions against that country and its repressive regime. More than that, if there is no progress in the dismantling of apartheid, relations with South Africa may have to be severed absolutely.


At the next year’s Commonwealth Conference in Vancouver, Mulroney famously faced down British Prime Minister Margaret Thatcher over her opposition to sanctions, pointedly asking her whether she would respond in the same way “if she was dealing with a country with a population of 25 million whites that was ruled by four million blacks.”

Less than four years after Mulroney threw down the gauntlet at the UN, South African President F.W. de Klerk, under heavy international pressure from sanctions, began to dismantle the odious edifice of apartheid, legalizing the African National Congress and releasing its leader Nelson Mandela after 27 years imprisonment on February 11, 1990.

Mandela and de Klerk jointly won the Nobel Peace Prize in 1993, and Mandela went on to become South Africa’s first democratically elected president in 1994. That did not stop the US listing him as a “terrorist” until a few days before his 90th birthday in 2013, weeks before his death.

“On the 10th anniversary of our democracy,” Mandela wrote in a personal letter to Brian Mulroney in 2004:

one recalls the momentous time of our transition and remembers the people involved both within and outside South Africa. As prime minister of Canada and within the Commonwealth, you provided strong and principled leadership in the battle against apartheid. This was not a popular position in all quarters, but South Africans today acknowledge the importance of your contribution to our eventual liberation and success.

In a galaxy far, far away

A few months after his release, Mandela addressed the Canadian Parliament. Introducing his guest, Mulroney recalled “with pride, the stand taken by Canada’s prime minister, John Diefenbaker, at the Commonwealth Conference of 1961, which resulted in South Africa’s withdrawal from that body”:

Prime Minister Diefenbaker brought the Commonwealth to declare unequivocally that racial discrimination was totally contrary to its fundamental principles and that, if South Africa did not change, Mr. Diefenbaker said then South Africa must leave. He did so against some considerable opposition, but with the strong conviction and the certain knowledge that it was right. Mr. Diefenbaker’s action marked the beginning of international pressure on the apartheid regime.


The opposition came principally from the UK, together with Australia and New Zealand—countries that were once collectively referred to, alongside South Africa, Canada, and Newfoundland, as the British Empire’s “White Dominions.” The US was also not happy with Canada rocking the apartheid boat, since it saw South Africa as an important ally in the global fight against communism and the ANC as dangerously pro-communist. Not for the first or the last time in American history, geopolitics trumped any moral concerns.

Both Diefenbaker and Mulroney were Conservative politicians, and Mulroney had campaigned on a platform of improving relations with the US after the tensions of the Lester Pearson and Pierre Trudeau years—a promise that was to give us NAFTA. But this did not stop either of them from defying the United States when they believed it was necessary. They did not regard Canada’s membership of NATO (or the “Free World”) as requiring automatic deference to Washington’s priorities, or overlooking palpable evils like apartheid in the interests of maintaining a united Western front in the Cold War.

Canada’s Liberal governments, too, agreed on the need for an independent Canadian foreign policy, and were not afraid to break with the “elephant to the south” (as Pierre Trudeau characterized the US) when called for either. This might even be seen as a hallmark of Canadian identity—an essential one, if we must sleep next to the beast.

Diefenbaker refused to station US nuclear warheads on Canadian soil and gave only lukewarm backing to John F. Kennedy during the Cuban missile crisis. Lester Pearson criticized America’s Vietnam War (allegedly leading Lyndon B. Johnson to grab him by the lapels and yell “Don’t you come into my house and piss on my rug!”) and Pierre Trudeau provided sanctuary to American draft dodgers. Jean Chrétien declined to follow the US-led “Coalition of the Willing” into the Iraq War without approval by the UN.

This is not to say that Canada’s conduct on the world stage was above criticism. As Yves Engler and others have pointed out, Canada is a settler colony whose treatment of its Indigenous population—now as well as then—leaves much to be desired. Canada’s pivot to opposing apartheid in South Africa came late in the day, and its enforcement of sanctions was half-hearted. Thousands of Canadians were allowed to enlist in the US military and fought in Vietnam, while Canadian governments of both parties provided the US with multiple forms of covert support even while not officially joining the war effort.

All the same, there is a yawning moral gulf between Canadian policies then and now.

Canada and the ICC—then

The guiding principle of Canadian foreign policy during the latter part of the twentieth century was multilateralism. Governments of both parties portrayed Canada’s role in the world as advancing universal human rights rather than defending narrowly conceived national interests. Their preferred self-image was of Canada as a global peacemaker.

At times—as in the case of apartheid—the human rights agenda called for intervention, and the proper vehicle for this was international organizations like the UN, because they alone could alone provide legitimacy for such actions. The corollary was solid Canadian support for the institutional and legal framework established after the Second World War, above all the UN and its agencies, the Geneva Conventions, and international humanitarian law.

An important addition to this legal framework was the International Criminal Court (ICC), which was established by the Rome Statute in 1998, in part in response to the genocides in Rwanda and Bosnia. The ICC was intended to be “an independent, permanent court of last resort with jurisdiction to investigate and prosecute the most serious crimes of international concern, namely genocide, crimes against humanity, war crimes and aggression.”

Canada played a “pivotal role”—I quote the Canadian government official website here—in the ICC’s foundation.

Canada chaired the “Like-Minded Group,” a coalition of states “that helped to motivate the wider international community to adopt the Rome Statute.” A senior Canadian diplomat, Philippe Kirsch, was chosen to chair the conference in Rome that negotiated and drafted the statute “under Canada’s leadership.” Kirsch was subsequently elected as an ICC judge in February 2003 and served as the ICC’s first president until 2009.

Canada became “the first country in the world to adopt comprehensive legislation implementing the Rome Statute” in the form of the Crimes Against Humanity and War Crimes Act passed by the Canadian parliament in June 2002. This law for the first time “officially criminalizes genocide, crimes against humanity and war crimes based on customary and conventional international law, including the Rome Statute.”

In December 2017 a second Canadian, Kimberly Prost, was elected an ICC judge for a nine-year term. Prost’s previous experience had included 18 years at Canada’s justice department and positions with the Commonwealth Secretariat and the UN Office on Drugs and Crime. In 2006, she was appointed as a judge of the International Criminal Tribunal for the former Yugoslavia in a major trial related to the Srebrenica genocide.

Opposition to the ICC

Not all states welcomed the establishment of the ICC. At the end of the 1998 Rome conference, 120 countries (including almost all of the United States’ allies) voted in favor of the treaty. Seven countries opposed it—the US, China, Libya, Iraq, Qatar, Yemen, and Israel. Twenty-one countries abstained.

One hundred and twenty-five countries have signed and ratified the Rome Statute and as such are legally bound to co-operate with the court, including in arresting and transferring indicted persons or providing evidence and witnesses for ICC prosecutions.

All member states of the EU are ICC members (though Hungary has now signalled its intention to withdraw from the court), as are Australia, New Zealand, and all G7 members—apart from the United States. The US signed but did not ratify the Rome Statute under Bill Clinton, and John Bolton informed the UN in May 2003 on behalf of the George W. Bush administration that “the United States does not intend to become a party to the treaty,” and “has no legal obligations arising from its signature on December 31, 2000.”

Other states that have never signed up to and/or ratified the Rome Statute include Russia, China, and India—existing or aspiring regional superpowers who, like the US, are unwilling to let a multilateral court intrude on their sovereignty—and Israel. Among the reasons Israel gives for opting out is the ICC’s definition of “the transfer of parts of the civilian population of an occupying power into occupied territory” as a war crime.

Bush, Obama and Trump

US relations with the ICC remained fractious during the Bush administration. The American Service-Members’ Protection Act (ASPA) passed in January 2002 prohibited US cooperation with the ICC, blocked US funding of the ICC, and required the US “to enter into agreements with all ICC signatory states to shield American citizens abroad from ICC jurisdiction” under pain of sanctions if they did not comply.

That same year, the US threatened to veto renewal of all UN peacekeeping missions unless its troops were granted immunity from ICC prosecution. It withdrew this demand in 2004, after pictures emerged of US troops abusing Iraqi prisoners in Abu Ghraib.

The Obama administration cooperated with the ICC in various ways, including supporting the UN Security Council’s referral of Libya to the court in 2011 and sharing intelligence on ICC-indicted fugitives. But it never ratified the treaty—or repealed ASPA.

The first Trump administration reverted to hostility. When the ICC prosecutor’s office requested in March 2019 to open a probe into possible war crimes in Afghanistan, the US responded by threatening to revoke visas for any ICC staff seeking to investigate not only Americans, but also Israelis and other US allies.

The ICC wished to “look into methods that the US military and CIA used to interrogate detainees” in Afghanistan, because:

There is reasonable basis to believe that, since May 2003, members of the US armed forces and the CIA have committed the war crimes of torture and cruel treatment, outrages upon personal dignity, and rape and other forms of sexual violence pursuant to a policy approved by US authorities.


The US responded by taking the unprecedented step of individually sanctioning two top ICC officials, prosecutor Fatou Bensouda and head of jurisdiction Phakiso Monochoko.

Biden and the ICJ

On April 2, 2021, US President Joe Biden wrote to Congress announcing that he was ending Trump’s visa restrictions and sanctions on ICC officials. When the ICC issued an arrest warrant against Vladimir Putin in March 2023 for war crimes in Ukraine, Biden commented “Well, I think it’s justified… I think it makes a very strong point.”

Despite these signs of détente, the Biden administration’s “ironclad” defense of Israeli actions in Gaza increasingly brought the US into open conflict again with both the ICC and the International Court of Justice (ICJ)—the principal judicial organ of the United Nations, which is regarded as world’s highest court in matters of international law.

On December 29, 2023 South Africa brought an application to the ICJ charging the State of Israel with committing genocide in Gaza, and requested the court to order provisional measures to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention.”

On January 26, 2024 the court ruled that the risk of genocide in Gaza was “plausible,” and ordered Israel to take immediate steps to prevent the situation deteriorating further. These and further measures ordered by the ICJ on March 28 and May 24 were flouted by Israel and essentially ignored in Washington and other Western capitals. The US meantime used its UN Security Council veto to forestall any binding ceasefire motion.

Responding to the January 26 judgment, the US State Department emphasized that “Israel has the right to take action to ensure the terrorist attacks of October 7 cannot be repeated” and reasserted its belief that “allegations of genocide are unfounded.”

Canadian Foreign Affairs Minister Mélanie Joly issued a statement that paid lip service to “the ICJ’s critical role in the peaceful settlement of disputes and its work in upholding the international rules-based order,” while emphasizing that “Our support for the ICJ does not mean that we accept the premise of the case brought by South Africa.” Like the US, Joly spent more time discussing “Israel’s right to exist and defend itself” and Hamas’s brutalities on October 7 than addressing the ICJ orders, on which she had little to say.

The ICC arrest warrants

Relations between the international courts and the US reached their nadir on November 21, when the ICC issued arrest warrants for Benjamin Netanyahu and Israeli Defense Minister Yoav Gallant for “the war crime of starvation as a method of warfare” and “the crimes against humanity of murder, persecution, and other inhumane acts.”

Western politicians erupted. “The ICC issuance of arrest warrants against Israeli leaders is outrageous,” thundered Biden. “Let me be clear once again: whatever the ICC might imply, there is no equivalence—none—between Israel and Hamas. We will always stand with Israel against threats to its security.”1  

Though he undertook to abide by the ICC ruling, Justin Trudeau found “the sense of an equivalency between the democratically elected leaders of Israel and the bloodthirsty terrorists that lead up Hamas” “troubling.”

The point both seem to have missed was that the equivalency lay in the war crimes both sides were alleged to have committed, which were equally contrary to international law.

0n February 6, 2025, just two weeks after he began his second term as US president, Donald Trump signed an executive order titled “Imposing Sanctions on the International Criminal Court.”   

The first person to be individually sanctioned was ICC chief prosecutor Karim Khan, the man who was responsible for preparing the arrest warrants for Netanyahu and Gallant. Four more judges were sanctioned on June 5. Two more judges and two ICC assistant prosecutors were sanctioned on August 20. One of them was Canadian Kimberly Prost.

Canada and the ICC—now

The ICC denounced this latest US move as “a flagrant attack against the independence of an impartial judicial institution which operates under the mandate from 125 States Parties from all regions.” Belgium, Denmark, France, Finland, Estonia, the Netherlands, Norway, Senegal, Slovenia, Spain, and Sweden all condemned the US sanctions, as did Amnesty International, Human Rights Watch, the International Bar Association, and the European Parliament Subcommittee on Human Rights.   

But from Canada—crickets. Well, to be precise, on August 20 Canada’s UN ambassador Bob Rae, responding to a CTV News report on the sanctions, angrily posted on X:

This US attack on the International Criminal Court and its judges is disgraceful. Judge Kim Prost are [sic] carrying out their public duties. Attacks on them by Russia, Israel and the US are intended to weaken and intimidate the international legal system. They must not succeed.

But for whatever reason—some have suggested that he was pressurized into doing so by the Canadian government—Rae quickly deleted the post. And that was that.  

Ten days have passed since the US sanctioned Canada’s senior international judge, and there has been no official response from the Government of Canada.

Mark Carney supposedly had “a productive and wide-ranging conversation” with Trump on August 21 in which “We focused on trade challenges, opportunities, building a new economic and security relationship between Canada and the US, and supporting long-term peace and security for Ukraine and Europe.” Neither his post on X nor the official readout from the call contains any reference to Kimberly Prost. Carney has since made public pronouncements on the economy, Canada–US trade, Ukraine, and a new Canada–Poland Strategic Partnership, but he has remained silent on the issue of the ICC.  

Foreign minister Anita Anand, whose brief this surely is, was reported to have expressed disquiet about Prost’s sanctioning in her meeting with Marco Rubio on August 21, but her own account of the meeting makes no mention of it. Her brief X post reads, “Today, I had a productive meeting with Secretary @SecRubio in Washington. We discussed collaboration on shared priorities, including: supporting Ukraine, advancing Arctic security, addressing the security crisis in Haiti and continuing to provide humanitarian aid in Gaza.”

So far as I am aware, no other statement regarding American strongarming of the ICC—the court Canada worked so hard to establish back in the day—or the sanctioning of Kimberly Prost has been issued by any Canadian government agency or senior officials.

Elbows down

On Friday August 22, two days after Marco Rubio sanctioned Kimberly Prost, the Integrated Food Security Phase Classification (IPC), the world’s hunger watchdog, declared a state of famine in and around Gaza City. Its report emphasized that “This famine is entirely man-made, it can be halted and reversed.”

This seems highly unlikely since Israel is now in the early stages of a new offensive to recapture Gaza City, and is in the process of clearing out an estimated 1m inhabitants.

If not yet a truth universally acknowledged, it is certainly a truth that is increasingly recognized that since 1967, Israel has enforced a cruel apartheid regime within the Occupied Palestinian Territories, and that since October 8, 2023, the IDF has been engaged in war crimes, crimes against humanity, and probable genocide in Gaza.

Many Palestinians would argue that the genocide is merely the culmination of a Zionist program of ethnic cleansing that began with the establishment of the state of Israel and the attendant Nakba in wars of 1947-8.

It would be nice, even at this very late stage in the day, if some Western leader were to electrify the UN with a speech calling for total sanctions against Israel and its repressive regime and threatening absolute severance of relations with Israel—or even a UN-led peacekeeping military intervention—if there is no progress in dismantling the apartheid regime or halting the ethnic cleansing and genocide.

Of one thing we can be sure. That leader will not be Mark Carney. We can be equally confident that Anita Anand will not emulate Dutch foreign minister Caspar Veldkamp and several of his cabinet colleagues in quitting the government in protest at its refusal to implement stronger sanctions against Israel.

I hold no particular brief for Brian Mulroney—or John Diefenbaker, or Lester Pearson, or Pierre Elliott Trudeau, or Jean Chrétien. They all had their faults. But they were Titans compared with the moral Lilliputians who govern Canada today. I can’t imagine any of them would have thrown Kim Prost under the bus to get “the best trade deal with the United States… better than that of any country.” Even the language echoes Trump.

Nor, I suspect, would they have stood by for two years while Israel obliterated Gaza and bombed, shelled, and finally starved hundreds of thousands of Palestinian men, women and children to death—whatever the reason. Never again means never again.

1  death of the author?

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The car could have come from anywhere from Halifax to Vancouver and one thousand and one places in between.  Who knows who wrote what bits of this rolling conversation where or when or why?

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Likely the tagging went like this:  (1)  Islam sucks  (2)  But not as much as Christianity  (3)  Sucks deleted and I ♥ added.

But what if it went like this:  (1)  Islam sucks  (2)  Sucks deleted and replaced by I ♥  (3)  But not as much as Christianity added?

 

2  the last of a/fucking culture

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SHOULD FIND SOMETHING BETTER TO/DO WITH MY TIME BUT THIS IS JUST A/MORNING EXERCISE BEFORE I GO AND/RENOVATE MY HALF A MILLION CONDO/WHILE YOU LOSERS FIRE UP THE BANG (?)/AND PLAY CALL OF DUTY WHILE ITS NICE/OUTSIDE.  HOPEFULLY SOMEONE MARKS/THIS WITH A SWEET THROW UP THAT/BELONGS ON A WALL

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