This article examines a recent request to the International
Criminal Court asking for an investigation of alleged war crimes by
Canada in relation to complicity in torture and complicity in illegal
extraordinary rendition of detainees. The article appeared in the
Canadian Civil Liberties newsletter Rights Watch, and can be accessed at
the address at the bottom. The article contains hyperlinks which access
the full request to the ICC and all attached documentations.
On November 9th, investigative journalist and human rights activist, John McNamer sent a request
to the International Criminal Court to investigate Canada’s complicity
in war crimes. McNamer argues that Canada has “actively and
intentionally failed to comply with legal obligations under The
Convention against Torture and the Rome Statue” (page 1). McNamer’s
submissions to the ICC include that Canada has transferred detainees to
the United States and Afghanistan with full knowledge that the detainees
would be in extreme danger of torture and that Canada uses and shares
intelligence likely obtained through torture. McNamer provides over 250 documents in support of his allegations.
In order for the ICC to have jurisdiction
to investigate Canadians, Canada must be unwilling or unable to
genuinely carry out the investigation or prosecution. McNamer contends
Canada is unwilling. As Canada is a party to the Rome Statute, the ICC
Prosecutor has the power to initiate investigation proprio motu. There must be a reasonable basis on which to proceed.
It
has also been reported that a group of Egyptian lawyers have submitted a
complaint to the ICC accusing President Barack Obama of being an
accessory to the crimes against humanity committed by the Muslim
Brotherhood in Egypt. However, unlike Canada, the United States is not a
party to the Rome Statute. The only way the ICC could acquire
jurisdiction to investigate President Obama is through a referral by the
United Nations Security Council and the United States is one of five
countries with veto power.