Arms exports to Israel

Canada’s Minister of Foreign, Affairs Mélanie Joly, is reported as being increasingly concerned about the role of Canada in supplying arms to Israel in the wake of the recent Interim Ruling by the International Court of Justice on the accusation by South Africa of genocide by Israel in the war against Hamas in Gaza.

Foreign Affairs Minister Mélanie Joly gives a speech in Washington, DC, on February 13, 2024. PHOTO BY BRENDAN SMIALOWSKI/AFP VIA GETTY IMAGES

John Ivison, writes in an opinion piece in the National Post that Canada has stopped issuing export permits for selling military equipment to Israel.

There has been intense pressure on the government from civil society groups to join the Netherlands, Belgium, Japan, Italy and Spain in suspending all shipments of export-controlled items to Israel. Belgium cited the International Court of Justice’s interim ruling in January which found that it was “plausible” that there was genocide in Gaza, although the court did not confirm it and did not order Israel to stop fighting. The ruling has apparently spooked other governments, including Canada’s.

Heather McPherson, the NDP’s foreign affairs critic, has called for a ban on all Canadian military exports to Israel, citing the Arms Trade Treaty (to which Canada is a party) that forbids the export of military goods and technology where there is risk of human rights abuses. “Canada…may be complicit in serious crimes because of ongoing arms sales,” she said.

Joly may be starting to feel the heat from her own lawyers. Earlier this month, Nicaragua said that it will take Canada, the U.K., Germany and the Netherlands (which only recently stopped supplying arms) to the International Court of Justice over the Gaza war, claiming that the four countries have violated the Genocide Convention by supplying ammunition and technology to Israel.

The foreign affairs minister has repeatedly expressed her own concerns about Israel’s conduct in Gaza, particularly with regard to the impending assault on Rafah near the Egyptian border. She said the Israeli government’s demand that the population move again is “unacceptable, because they have nowhere to go.”

Speaking to reporters last week, she called for a “sustainable ceasefire” and a hostage deal. (Ivison, 2024)

The Office of the High Commissioner for Human Rights, OHCHR, is the lead United Nations entity mandated to promote and protect human rights for all. The Special Rapporteurs, Independent Experts and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organisation and serve in their individual capacity.

GENEVA (23 February 2024) – Any transfer of weapons or ammunition to Israel that would be used in Gaza is likely to violate international humanitarian law and must cease immediately, UN experts* warned today.

“The need for an arms embargo on Israel is heightened by the International Court of Justice’s ruling on 26 January 2024 that there is a plausible risk of genocide in Gaza and the continuing serious harm to civilians since then”, the experts said. The Genocide Convention of 1948 requires States parties to employ all means reasonably available to them to prevent genocide in another state as far as possible. “This necessitates halting arms exports in the present circumstances”, the experts said.

The experts welcomed the suspension of arms transfers to Israel by Belgium, Italy, Spain, the Netherlands and the Japanese company Itochu Corporation. The European Union also recently discouraged arms exports to Israel.

The experts urged other States to immediately halt arms transfers to Israel, including export licenses and military aid. The United States and Germany are by far the largest arms exporters and shipments have increased since 7 October 2023. Other military exporters include France, the United Kingdom, Canada and Australia. (Arms Exports to Israel Must Stop Immediately, n.d.)

The experts noted that arms transfers to Hamas and other armed groups are also prohibited by international law, given their grave violations of international humanitarian law on 7 October 2023, including hostage-taking and subsequent indiscriminate rocket fire. The duty to “ensure respect” for humanitarian law applies “in all circumstances”, including when Israel claims it is countering terrorism. Military intelligence must also not be shared where there is a clear risk that it would be used to violate international humanitarian law.

“State officials involved in arms exports may be individually criminally liable for aiding and abetting any war crimes, crimes against humanity or acts of genocide,” the experts said. “All States under the principle of universal jurisdiction, and the International Criminal Court, may be able to investigate and prosecute such crimes.” (Arms Exports to Israel Must Stop Immediately, n.d.)

Ploughshares Researcher Kelsey Gallagher, introduces a report on the grave risk of Canada’s arms exports to Israel. Kelsey notes that as the international community grapples with the humanitarian consequences of this conflict, a critical concern has come into focus: the flow of foreign arms to the conflict parties. Canada has long exported military goods to one of these parties – Israel – and the annual value of these transfers has recently increased.

Of particular significance is Canada’s supply of military components to the United States, some of which are later supplied to the Israel Defense Forces (IDF). These Canadian-made components include some integrated into the Israeli F-35I Joint Strike Fighter, which has reportedly been utilized in the ongoing bombardment of Gaza.

The gravity of this situation calls for immediate action to ensure Canada is meeting its domestic and international obligations to mitigate the risk of contributing to violations of international law, for example, violations of international humanitarian law (IHL), including possible war crimes, in Gaza. Given the substantial risk that Canadian military goods could contribute to such abuses in Gaza, Canada must immediately halt all transfers of weapons to Israel. (Gallagher, 2024)

The International Court of Justice is considering the case of possible genocide in the war between Israel and Hamas in Gaza. Arms shipments to Israel may place Canada in violation of treaties and complicit in any finding of genocide by the IJC.

References

Arms exports to Israel must stop immediately. (n.d.). UN Human Rights Office. Retrieved February 26, 2024, from https://www.ohchr.org/en/ohchr_homepage 

Gallagher, K. (2024, January 18). Project Ploughshares. Project Ploughshares. Retrieved February 26, 2024, from https://www.ploughshares.ca/reports/fanning-the-flames-the-grave-risk-of-canadas-arms-exports-to-israel 

Ivison, J. (2024, February 22). John Ivison: Liberals don’t deny blocking military exports to Israel. National Post. Retrieved February 25, 2024, from https://nationalpost.com/opinion/canada-wavers-on-military-exports-to-israel 

The First Casualty

UNRWA spokesperson Juliette Touma has responded to Israeli claims of UNRWA-Hamas links commenting that the agency acted to fire the staff immediately because of the seriousness and timing of the allegations — not because it had credible evidence against them.

United Nations and Red Crescent workers prepare aid for distribution to Palestinians at the UNRWA warehouse in Deir Al-Balah, Gaza Strip on Monday, Oct. 23, 2023. (Hassan Eslaiah/Associated Press)

The Guardian staff working on the Israel-Gaza war, comment on the US Intelligence report of “low confidence” that a handful of UNRWA staff had participated in the attack.

According to the Wall Street Journal, the intelligence report, released last week, assessed with “low confidence” that a handful of staff had participated in the attack, indicating that it considered the accusations to be credible though it could not independently confirm their veracity.

It cast doubt, however, on accusations that the UN agency was collaborating with Hamas in a wider way. The Journal said the report mentioned that although the UNRWA does coordinate with Hamas in order to deliver aid and operate in the region, there was a lack of evidence to suggest it partnered with the group.

It added that Israel has not “shared the raw intelligence behind its assessments with the US”. (US Intelligence Casts Doubt on Israeli Claims of UNRWA-Hamas Links, Report Says, 2024)

Reuters Fact Check group reports that a video montage illustrating the types of humanitarian aid sent to Gaza has been shared online without the context that it contains a clip showing tents set up for Ukrainian refugees in Moldova.

The compilation was originally posted by the State of Israel's official social media accounts, which have since acknowledged the inclusion of footage from Moldova, saying that it was for "illustrative purposes."

The official X account of the State of Israel - which had shared the video on Feb. 4, opens new tab and subsequently deleted it - responded to the BBC journalist’s post in a Feb. 13 X post, opens new tab that said, “the photo was for illustrative purposes and we should have stated that in the video. Moving forward, we will do our best to ensure transparency in the visuals that we post.”

The clip from Moldova, opens a new tab that can be viewed on the iStock photo website. The clip matches aerial photographs dated, opens new tab May 17, 2022, and a ground-level video, opens new tab dated March 9, 2022, on the Getty Images website, identified as showing Palanca, Moldova. (Fact Check: Video Compilation About Gaza Aid Contains Stock Footage From Moldova, 2024)

Evan Dyer  of CBC News reports that the government of Canada did not see any evidence backing up Israel's claim that staff employed by the United Nations Relief and Works Agency (UNRWA) colluded with Hamas before suspending funding to the agency

Israel has refused to provide the intelligence it says backs up its allegations, either to UNRWA or to the UN Office of Internal Oversight Services (OIOS), the UN body assigned to investigate.

"I don't think we need to give intelligence information. This would reveal sources in the operation," Lior Haiat, a spokesperson for Israel's foreign ministry, told France 24.

That statement appeared to contradict a tweet by Israeli Foreign Minister Israel Katz on Monday which pledged that Israel "will submit all evidence highlighting UNRWA's ties to terrorism and its harmful effects on regional stability."

Dyer reports that Israel's decision to go public with its allegations has caused friction between the Netanyahu government and the Israeli military, which has initiated an investigation to find the sources of the leak, according to Israeli media reports.

Israeli media outlets have reported commanders in the Israel Defence Forces (IDF) want UNRWA's operations to continue because they fear being left with sole responsibility for a territory gripped by famine.

Israel's civilian government has been pushing for the elimination of the agency for some time. (Dyer, 2024)

The lives of civilians in Gaza are imperilled by accepting the proclamations of a combatant without proper investigation. We have a moral responsibility to make it clear to our government that this is unacceptable.

References

Dyer, E. (2024, February 7). Canadian officials still haven't seen intelligence linking UN's Gaza aid agency with Hamas: sources. CBC. Retrieved February 23, 2024, from https://www.cbc.ca/news/politics/unrwa-hamas-gaza-canada-1.7107785 

Fact Check: Video compilation about Gaza aid contains stock footage from Moldova. (2024, February 22). Reuters. Retrieved February 23, 2024, from https://www.reuters.com/fact-check/video-compilation-about-gaza-aid-contains-stock-footage-moldova-2024-02-22/ 

US intelligence casts doubt on Israeli claims of UNRWA-Hamas links, report says. (2024, February 22). The Guardian. Retrieved February 23, 2024, from https://www.theguardian.com/world/2024/feb/22/us-intelligence-unrwa-hamas 

Support Drops: Israel may be in Breach

As the Israel Defense Forces (IDF) prepare to execute the military strategy of the Israeli war cabinet in Rafah, the US and some western allies have concerns about the consequences of an “over the top” incursion.

Support dropping for Netanyahu

The recent Leaders article in the Economist about the war between Israel and Hamas suggests an alternative to end the agony in the Middle East.

President Joe Biden should speed up this transition by appealing over Mr Netanyahu’s head—just as Mr Netanyahu has sometimes spoken over the head of American presidents. He should open an embassy in Jerusalem for the Palestinians, to match the one Donald Trump opened for Israel. He should also set out how America sees the parameters for a Palestinian state and, if Israel doggedly refuses to engage, be ready to recognise one himself…

For that to be possible, momentum is urgently needed. The more Israel curbs its West Bank settlers and the more credibly it commits itself to a Palestinian state, the more leeway it will have to contain the rump of Hamas fighters. The more Arab states are willing to spend money and provide security, the more confident ordinary Israelis and Palestinians will be of change. And the more America pushes all sides the better. Peace and stability in the Middle East will always be hard-won. But the world must seize this chance, because the pull towards war is unrelenting. (How to End the Middle East's Agony, 2024)

Jeff Mason and Trevor Hunnicutt report for Reuters on some of Biden's sharpest public criticism to date of the government of Israeli Prime Minister Benjamin Netanyahu, Biden has come under increasing domestic pressure to press Israel to stop fighting.

"I'm of the view, as you know, that the conduct of the response in the Gaza Strip has been over the top," Biden told reporters at the White House.

He added that he has been pushing for a deal to normalize Saudi Arabia-Israel relations, increased humanitarian aid for Palestinian civilians and a temporary pause in fighting to allow the release of hostages taken by Hamas.

"I'm pushing very hard now to deal with this hostage ceasefire," Biden said. "There are a lot of innocent people who are starving, a lot of innocent people who are in trouble and dying, and it's gotta stop." (Mason & Hunnicutt, 2024)

Patrick Wintour, Diplomatic editor for the Guardian, reports that a UN special rapporteur cites lack of medical supplies, food and clean water, and continued demolition of infrastructure to suggest that Israel may be in breach of the International Court of Justice orders on Gaza.

Israel appears to be in breach of the orders issued a fortnight ago by the international court of justice requiring it to take immediate steps to protect Palestinians’ rights and cease all activities that could constitute genocide, the UN special rapporteur on the occupied territories, Francesca Albanese, has said.

The Israeli government was given until 23 February to report to the ICJ on what it has done to comply with six orders the court issued, including one relating to ending incitement to genocide and another requiring immediate steps to improve the supply of humanitarian aid.

Senior western officials say that despite hours of negotiations with Israeli officials there is at best a marginal and incremental improvement since the 26 January ruling. “Safe to say, it’s dire and getting worse,” one said. (Wintour, 2024)

The investigation by the IJC of the charge of genocide has raised the surveillance of Israel’s campaign in Gaza and raised the question of possible legal complicity of the states that provide military and financial support to Israel.

References

How to end the Middle East's agony. (2024, February 1). The Economist. Retrieved February 10, 2024, from https://www.economist.com/leaders/2024/02/01/how-to-end-the-middle-easts-agony 

Mason, J., & Hunnicutt, T. (2024, February 9). Biden says Gaza fighting 'over the top,' pushing for a pause. Reuters. Retrieved February 10, 2024, from https://www.reuters.com/world/middle-east/biden-says-gaza-fighting-over-top-pushing-pause-2024-02-09/ 

Wintour, P. (2024, February 10). Israel appears to be in breach of ICJ orders on Gaza, senior UN official says. The Guardian. Retrieved February 10, 2024, from https://www.theguardian.com/world/2024/feb/10/israel-appears-to-be-in-breach-of-icj-orders-on-gaza-senior-un-official-says 

Facts and Four Points

The slogans “Axe the Tax” and “Build the Homes” resonate with major economic concerns of Canadians. The devil is in the details when we study the best way to implement effective taxation that accomplishes our need to address climate change and finance the building of the housing needed to address emergency homelessness in our country.

How to Action The Slogans 

Aaron Wherry of CBC News reports that beneath the back-and-forth over the Liberal government's carbon tax and the Conservative leader's agenda, Justin Trudeau and Pierre Poilievre are also duelling over very different theories of change.

Much of what's wrong with the way things are can be traced, Poilievre suggests, to higher levels of federal spending under Trudeau. For Poilievre, that spending marked a particularly dramatic break with the past and with a historic consensus.

"Balancing the budget to keep inflation and interest rates low was the unanimous policy of all the major political parties at all levels of government for 30 years, right up to the radical departure [in 2015]," he said. 

Wherry points out that if the way things were in 2015 is to be a point of reference, it's equally fair to note how much higher greenhouse gas emissions were projected to be back then, how many more Indigenous communities lacked access to clean drinking water, how many more children were living in poverty and how much higher child care fees were. (Wherry, 2024)

Things are changing — the planet's climate certainly is. And Trudeau can argue that significant parts of his government's agenda have been about meeting the need for change and preparing Canadians for the future.

But it's on his ability to "tackle" the problems of today that he is being challenged — and earlier action on housing would have put him in a better place now, even if provincial and municipal governments deserve significant amounts of blame for the current situation.

Opposite Trudeau, Poilievre is laying the rhetorical groundwork to do things very differently — even if he frames it in terms of simply changing things back to way they were. The more he can convince people that the country is in terrible shape — and that everything currently wrong with it can be blamed on Trudeau — the easier it becomes for him to justify doing something close to the opposite. (Wherry, 2024)

Paul Kershaw, in a special article in the Globe and Mail, comments that if you make a mess, you should help clean it up. That’s a responsibility his Mom taught him.

As the House of Commons returned to session, Pierre Poilievre, the Conservative Leader, betrayed this family value by courting voters with his promise to eliminate responsibility to pay for our pollution.

Whether to pay for pollution isn’t about consumer preferences. It’s a duty we owe to our kids. We need our politicians to recognize as much if they are to identify real solutions to the affordability crisis, and to reduce risks from extreme weather.

A new Abacus poll signals Mr. Poilievre has convinced many Canadians that the price on pollution is a primary source of financial pain. Alas, research from the University of Calgary shows he is pulling the wool over our eyes. (Kershaw & Urback, 2024)

Professors Trevor Tombe and Jennifer Winter in a report for the School of Public Policy, University of Calgary, calculated the direct and indirect costs of the carbon tax to examine the entire financial impact of the tax relative to its absence. They use data from British Columbia, where the carbon price is the same as that levied by the federal plan. They found that carbon pricing adds 0.5 per cent to the cost of food and beverages; 0.29 per cent to rent; 0.2 per cent for clothing and footwear; and less than 0.13 per cent for insurance and financial services.

While some politicians and policymakers are blaming emissions pricing for high costs of living, the figure shows that the actual effect is quite modest for most items.

Emissions pricing is just one of many indirect taxes that households face. Other examples are sales taxes and alcohol levies. We estimate that the combined effect on Canadian consumer prices from all indirect tax increases between January 2015 and October 2023 was 0.6%.

Knowing that much of the present affordability crisis is due to factors other than emissions pricing, the elimination of the carbon tax is unlikely to solve the problem. As Canada slowly recovers from high inflation in 2021 and 2022, policy makers will need to consider alternative solutions. (Tombe & Winter, n.d.)

Geordie Dent, in an article for The Breach, concludes that cheap money and privatization made housing unaffordable, but organizing can reverse the tide

Canada used to build a decent amount of social housing. By ensuring that low-income renters had affordable options, the government kept the market honest and stopped housing speculation from spiraling into feedback loops.

Until around 1993, Canada funded the construction of 10,000 or more social housing units in a typical year. 

So what happened in 1993? That’s the year the federal Liberals were elected on a platform of progressive promises. But once in power, they pivoted to a policy of fiscal austerity. Finance Minister Paul Martin slashed housing spending to almost nothing. 

The construction of housing had been completely privatized. (Dent, 2023)

The recent climate disasters in Canada require a taxation strategy to incentivize transition to a carbon reduced economy. Research shows the additional tax burden adds less than 1% to most of the purchases of Canadians. Because we cannot expect the market to build below market housing, social housing for Canadians living in tents needs to be a Government responsibility.

References

Dent, G. (2023, February 2). The global money pool that soaked Canada's hope of affordable housing ⋆ The Breach. The Breach. Retrieved February 4, 2024, from https://breachmedia.ca/the-global-money-pool-that-soaked-canadas-hope-of-affordable-housing/? 

Kershaw, P., & Urback, R. (2024, February 2). Pushing to 'Axe the Tax' is unfair to our kids. The Globe and Mail. Retrieved February 4, 2024, from https://www.theglobeandmail.com/investing/personal-finance/young-money/article-pushing-to-axe-the-tax-is-unfair-to-our-kids/ 

Tombe, T., & Winter, J. (n.d.). ENERGY & ENVIRONMENTAL EMISSIONS PRICING AND AFFORDABILITY: LESSONS FROM BRITISH COLUMBIA. The School of Public Policy. Retrieved February 4, 2024, from https://www.policyschool.ca/wp-content/uploads/2023/12/EE-Trends-DEC.pdf 

Wherry, A. (2024, February 3). Trudeau and Poilievre have very different theories of change. CBC. Retrieved February 4, 2024, from https://www.cbc.ca/news/politics/trudeau-poilievre-election-1.7103710?