FAAE Committee Report

Supplementary Opinion of the New Democratic Party

New Democrats approached this study with particular interest in several parts of the motion: how Canada approaches the “rules-based system” and “the impact of this growing geopolitical turbulence, uncertainty, and unpredictability on Canadians,” as well as how Canada can “demonstrate leadership within key multilateral organizations.” We thank the analysts for their excellent work, and all witnesses for sharing their expertise with the Committee.

However, we are deeply frustrated that this report excludes a significant section of testimony heard over multiple meetings that was critical of the Liberal government’s approach to international law, human rights, and consular services, as well as the government’s approach to the current crisis in Israel/Palestine.

Over the past several years, and especially since the terrible attacks of October 7^th, the world has witnessed the erosion of the rules-based international order. While Canada has risen to the challenge in the case of Ukraine, it has not done the same for Israel/Palestine. Rather, the Liberal government’s refusal to defend international law and human rights in the context of the war in Gaza is a blatant example of double standards and hypocrisy that threatens Canada’s reputation among its allies, especially in the Global South. While this is most evident with the situation in Israel/Palestine, it is also evident in Canada’s failure to advocate for Canadian children trapped in North East Syria and Canada’s ongoing arms sales to Saudi Arabia.

It should not be so. International law, in the words of Professor Mark Kersten, is “the currency of diplomacy.” Professor Ardi Imseis told the Committee that “Canada's declared commitment to the rules-based international legal order is crucial to maintaining its moral standing in the world. Upholding international law as the only normative yardstick on the international plane is essential if Canada's future diplomacy initiative is to succeed.” He continued, “for Canada's declared commitment to international law to result in concrete diplomatic and reputational gains on the international plane, it must both be and be seen by others to be credible.”

Unfortunately, Canada’s credibility with regard to international law is now in question, precisely because of this government’s double standards when it comes to Israel/Palestine. Multiple witnesses noted Canada was once a leader in international justice, at the heart of the creation of the International Criminal Court. Yet while Canada has rightfully supported Ukrainians, the Rohingya, and the Syrian people in recent processes at international courts, it has not done the same for Palestinians and Israelis. Canada has opposed every single case at the International Court of Justice regarding Israel/Palestine, and refuses to support efforts at the International Criminal Court, despite these being two of the only mechanisms available to Palestinians and Israelis seeking justice. These choices send a clear message that Canada does not believe international law has a role to play in the context of peace between Israel and Palestine. Moreover, Canada’s position undermines its stated commitment to a global rules-based international order. In the view of New Democrats, this is completely unacceptable.

Moreover, these double-standards have caused great harm to Canada’s global reputation.

Professor Kersten testified that “those who look to Canada—victims of atrocities, diplomats, staff in international organizations, others that I engage with on an almost day-to-day basis—want leadership, and not just on a rules-based system… They still expect Canada to lead, but they wonder why in so many cases it's unwilling and unable to do so.” Said Professor Imseis, “We have no credibility, because we take a double standard.” Farida Deif of Human Rights Watch said these “glaring double-standards erode Canada’s credibility and have profound repercussions for Canadians and people around the world.” Alex Neve told the Committee that Canada’s position on the ICC and ICJ is “certainly noted by other governments. It's noted by global civil society. It's noted within the UN, and it is not to our credit. That will not serve us well with respect to ensuring that our voice is heard with respect to Israel and Gaza, and it will have reverberations more widely as well.”

Two former Canadian Ambassadors to the United Nations also testified to this issue. In his testimony to the Committee, Hon. Allan Rock urged Canada to “show leadership in international criminal justice and before the International Court of Justice.” In response to a question on Canada’s voting record on Israel/Palestine, Louise Blais told the Committee, “There has been a cost to this. This was a factor in why we lost our last (United Nations Security Council) bid, because it was well known by many countries that support the Palestinian plight that Canada might not vote in alignment with them, so it was a factor. When Canada votes with the U.S., Israel and maybe a handful of other countries, I would call that isolation.”

New Democrats strongly urge the Government of Canada to end its hypocrisy on international law and human rights in the case of Israel/Palestine and apply international law and human rights norms universally, regardless of the political implications for the governing party.

We further recommend the Government of Canada do the following:

• Immediately recognize the State of Palestine as a way to engage two states with responsibilities and obligations under international law and push for a peace process that may eventually bring security to Israelis and Palestinians;
• Fully support international justice efforts on Israel/Palestine at the International Court of Justice and the International Criminal Court;
• Ratify the Optional Protocol on the Convention Against Torture, which successive Liberal and Conservative governments have refused to do for nearly two decades;
li> End arbitrary and discriminatory provision of consular services, including to Canadians in North East Syria;
• End arms sales to states party to conflicts which UN and human rights experts warn have indiscriminately bombed civilian populations, including Saudi Arabia and Israel; and
• Strengthen Global Affairs Canada’s legal capacity to ensure the Minister receives proper advice on Canada’s international legal obligations.

New Democratic Party, April 2024