An internal memorandum advised the Canadian government under Justin Trudeau to prepare for potential warrants from the International Criminal Court targeting Israeli Prime Minister Benjamin Netanyahu, his former defense minister, and Hamas leaders. Trudeau and his successor, Mark Carney, expressed their commitment to act on these warrants. The document, dated before the warrants were issued, provided insight into advice received from a non-partisan source.
According to the memo from Trudeau’s national security adviser at the time, Nathalie Drouin, Canada’s Extradition Act designates the International Criminal Court as an extradition partner. Drouin emphasized the expectation for Canada to seek arrest warrants in its courts upon receiving a cooperation request.
While the document obtained through an access to information request was heavily redacted, it revealed discussions on arrest warrants for Netanyahu, his defense minister, and senior Hamas figures like Yahya Sinwar, Ismail Haniyeh, and Mohammed Diab Ibrahim al-Masri. Notably, Israel contested the charges against its officials, and the three Hamas leaders were later killed by the Israeli Defense Forces.
Trudeau and his foreign affairs minister, Mélanie Joly, expressed concerns about drawing false equivalencies between Israel and Hamas, a designated terrorist organization by Canada. The memo highlighted Canada’s obligation to cooperate with the ICC under the Rome Statute, referencing a past provisional arrest request related to Russian President Vladimir Putin.
Following the issuance of arrest warrants for the Gaza conflict in November 2024, Trudeau and Joly affirmed Canada’s commitment to abide by international court regulations. Carney hinted at the possibility of arresting Netanyahu in a 2025 interview. Despite Netanyahu’s government airplane flying over Canadian airspace post-warrants, Canada allowed the flights for diplomatic reasons, clarifying that airspace authorization did not signify endorsement of any government’s actions.
Debates arose over whether enforcing ICC arrest warrants extended to sovereign airspace obligations under the Rome Statute. France asserted that ICC warrant obligations did not apply to its airspace, while some legal experts argued that non-enforcement by countries like Canada could undermine the court’s authority.