Civil society coalition calls on Canada to stop all arms transfers to Israel
ENDING ALL CANADIAN ARMS TRANSFERS TO ISRAEL
[All States] are also under an obligation not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory. – ICJ Advisory Opinion of 19 August 2024 at paragraph 279.
On 3 September 2024, a coalition of leading Canadian civil society organizations issued an urgent call to the Canadian government to immediately cease all military exports to Israel.
Here is our open letter addressed to Foreign Affairs Minister Mélanie Joly:
Dear Minister Joly,
Canada risks complicity in this humanitarian catastrophe through its ongoing transfer of military goods destined to Israel, exports which are incompatible with its obligations under the Arms Trade Treaty (ATT).
We, the undersigned civil society organizations, are deeply concerned at the enduring devastation in Gaza. Canada risks complicity in this humanitarian catastrophe through its ongoing transfer of military goods destined to Israel, exports which are incompatible with its obligations under the Arms Trade Treaty (ATT). As organizations committed to upholding human rights, the protection of civilians, peace, and justice—several of whom are present in Gaza and seeing daily the grave consequences of the transfer of weapons to conflict parties—we urge the Government of Canada to take immediate action to cease all exports of arms and arms components to Israel, as well as any and all transfers for which Israel will be the end user.
more than 40,000 Palestinians have been killed in Israel’s military campaign across the Gaza Strip, the majority being women and children. More than 92,000 have been injured…
In the past ten months, more than 40,000 Palestinians have been killed in Israel’s military campaign across the Gaza Strip, the majority being women and children. More than 92,000 have been injured and critical civilian infrastructure has been destroyed. Over the last few weeks only, Israel attacked at least seven schools. They add to the long list of schools, hospitals, refugee camps and places of worship hit since October—many of these crowded with displaced civilians sheltering from the violence.
This year marks the 10th anniversary of the adoption of the ATT, which Canada acceded to five years ago. Under the ATT, Canada is prohibited from exporting arms if those transfers would be used to commit serious crimes under international law including disproportionate and indiscriminate attacks. Moreover, states parties to the Treaty cannot authorize arms transfers if there is an overriding risk they could be misused, including to commit or facilitate serious violations of international humanitarian law (IHL)—the very type of behaviour that has become routine by the Israel Defense Forces (IDF). These obligations are also reflected under domestic law in Canada’s Export and Import Permits Act (EIPA).
Canada needs to urgently review its own cooperation practices to ensure they prevent international crimes and do not contribute towards any further violations of international law.
In addition, the International Court of Justice’s (ICJ) order to halt Israel’s military offensive in Rafah due to the plausible risk of genocide as well as its July 19th Advisory Opinion which found that Israel’s prolonged occupation of the occupied Palestinian territory is unlawful are significant international legal findings that call for concrete policy changes, and not just on the part of Israel. Canada needs to urgently review its own cooperation practices to ensure they prevent international crimes and do not contribute towards any further violations of international law.
To be sure, earlier this year it was reported that your government had paused the further authorization of arms transfers to Israel, which was a definitive step in the right direction. However, since then, the extent of this policy has not been officially outlined, proposed permits for arms transfers to Israel have not been denied but rather left in limbo for future authorization, and, most disturbingly, previously approved arms transfers have continued unabated.
The continuous arming of Israel by Canada contradicts our country’s commitment to upholding IHL and human rights. It also undermines efforts to end hostilities in Gaza through the implementation of a ceasefire, which Canada has pledged to support.
We are extremely concerned that these previously authorized transfers include at least $95 million in Canadian military goods that could be exported to Israel by the end of 2025, despite the ongoing and well-documented pattern of IHL and human rights violations by Israel in Gaza and the West Bank. The continuous arming of Israel by Canada contradicts our country’s commitment to upholding IHL and human rights. It also undermines efforts to end hostilities in Gaza through the implementation of a ceasefire, which Canada has pledged to support.
Canada cannot credibly prioritize diplomatic solutions and support for peace while simultaneously contributing to the arming of a conflict in which violations of IHL are persistent and well-documented
On August 14th, the United States government announced that a Quebec-based company, General Dynamics Ordnance and Tactical Systems Inc., will be the principal contractor in the likely sale of $61-million US in high explosive mortar cartridges and related equipment to Israel. This announcement directly contradicts the claims made by the Canadian government that the only outstanding military exports to Israel are for “non-lethal” military equipment. In addition, all of Canada’s arms exports are subject to ATT obligations, even those transferred under a General Export Permit to the United States.
Canada cannot credibly prioritize diplomatic solutions and support for peace while simultaneously contributing to the arming of a conflict in which violations of IHL are persistent and well-documented. By halting all military exports that could be used in the hostilities—including those via the United States—Canada will not only comply with its international and domestic legal obligations, but also take a principled stance in advancing the rule of law, human rights and compliance with IHL, thereby reinforcing its international reputation as a defender of these values.
We urge your office to refuse the transfer of the recently announced mortar cartridge sale with the United States and to cease all military exports to Israel—both direct and those transferred through the United States—including by revoking all extant permits. We remain committed to working with the Government of Canada to meet its legal obligations, uphold our shared values and to promote peace and justice both at home and abroad. We trust that you will give this matter the urgent attention it requires and look forward to your response.
Sincerely,
Canadian Civil Society Coalition (See attached PDF for individual signatory organizations).
UK breaks with US and suspends some arms export licences to Israel
On 2 September 2024, the UK Guardian reported that
The UK has broken with the Biden administration on a significant part of their tightly coordinated policy towards Israel by announcing it is suspending some arms export licences to Israel because of a “clear risk” they may be used to commit or facilitate a serious violation of international humanitarian law.
This is an important step by the UK in bringing its arms export policy into conformity with its international legal obligations. But, as with Canada, it is marred by the arbitrary and legally unjustifiable exclusion of components for the F-35 fighter jet programme from the export suspension.
For a compelling argument on why Democratic presidential nominee Kamala Harris should break with President Biden’s policy of supplying Israel with weapons without any conditions, see “Kamala Harris should do what Joe Biden won’t: commit to actually reining in Israel” (theguardian.com, 6 September 2024).
In that opinion piece, Mohamad Bazzi urges Harris to
declare that she will suspend arms shipments to Israel because American law requires the US to halt weapons transfers to militaries that are committing human rights violations. Biden has refused to enforce these regulations since Israel launched its assault on Gaza, killing more than 40,000 Palestinians, displacing nearly 90% of the territory’s population at least once and instigating a widespread famine.
Whither Canada?
It is time that Canada and other Western allies stop providing cover for President Biden’s manifestly illegal and extraordinarily counterproductive policy of unconditional support for Israel. Instead, America’s Western allies should back up their rhetorical support for a permanent Gaza ceasefire by announcing and implementing an immediate cessation of all arms exports to Israel.
We call upon the Government of Canada to announce and implement an immediate cessation of all arms exports—direct and indirect—to Israel
TO STOP THE GAZA WAR, CONTINUED DIRECT PRESSURE ON THE GOVERNMENT OF CANADA FROM CANADIAN CITIZENS IS ESSENTIAL AND EFFECTIVE.
CLICK HERE FOR LINKS TO GOVERNMENT MINISTERS AND OPPOSITION CRITICS AND YOUR LOCAL MEMBER OF PARLIAMENT.
NEW DATE FOR WEEKLY CEASEFIRE.CA BLOG POST
Please note that we now plan to publish our weekly ceasefire.ca blog post on WEDNESDAYS by 6 pm, beginning this coming Wednesday 11 September 2024. As we promised in our last post before the summer break, we will be providing further details of our proposal for a secure, democratic, and viable way forward for Israel to end the occupation and Palestine to gain full self-determination.
Photo credits: ICJ (delivery of advisory opinion on 19 August 2024); UNRWA (garbage build-up contributing to disease in Gaza).
Ceasefire.ca is a public outreach project of the Rideau Institute linking Canadians working together for peace. We need your support more than ever to promote our comprehensive plan to end the Gaza war and achieve a viable two-state solution for Israel and Palestine.
