February 5, 2024 <\/p>\n
The Honourable Minister M\u00e9lanie Joly, <\/p>\n
We, the undersigned civil society organizations, are deeply concerned about the legal and humanitarian consequences of Canada\u2019s transfer of weapons systems to the government of Israel. These concerns have only grown following the provisional ruling issued on January 26<\/a><\/strong> by the International Court of Justice (ICJ). <\/p>\n Since the start of Israel\u2019s response to the attack carried out by Hamas on October 7, over 26,000<\/a><\/strong> Palestinians have been killed in Gaza, the majority of them civilians, including more than 10,000<\/a><\/strong> children. The Gaza Strip has been largely devastated, with widespread destruction of homes, schools, hospitals, refugee camps, and essential civilian infrastructure. Experts have concluded that Israel\u2019s bombing campaigns now rank among \u00ab the deadliest and most destructive in recent history \u00bb<\/a><\/strong>. <\/p>\n According to annual data published by Global Affairs Canada, over the past decade, Canada has exported over 140 million Canadian dollars (constant dollars) worth of military goods to Israel, including military aerospace components as well as bombs, missiles, explosives, and related parts. There are serious concerns that some of these weapons may be facilitating Israel\u2019s operation in Gaza. In addition to direct exports, technologies produced in Canada have also been supplied to Israel by first being integrated into systems manufactured in the United States, including components incorporated into the F-35 Joint Strike Fighter<\/em>, which Israel has used in its aerial campaign over Gaza. <\/p>\n Credible human rights observers, including United Nations officials, have consistently stated that Israel has violated humanitarian and human rights law<\/a><\/strong> throughout its operations. The United Nations Secretary-General, Ant\u00f3nio Guterres, has compared the current humanitarian crisis in Gaza to a \u00ab collective punishment<\/a><\/strong> of the Palestinian people \u00bb. Given Israel\u2019s conduct during its ongoing military operation in Gaza, there is a clear and substantial risk that Canadian arms transfers may be used to commit serious violations of international humanitarian law or international human rights law in the context of the conflict. In accordance with the obligations imposed on Canada by the Export and Import Permits Act and the Arms Trade Treaty (ATT), Canadian authorities are therefore required to halt arms transfers and refuse any new export and brokering permits for arms to Israel.<\/p>\n In its provisional ruling on January 26, the ICJ found at least some of South Africa\u2019s allegations of violations of Palestinians\u2019 rights under the Genocide Convention to be \u00ab plausible \u00bb. This ruling is an additional reason for Canada to halt arms transfers to Israel. All parties to the Genocide Convention, including Canada, have a duty to prevent and not be complicit in one of the most serious internationally wrongful acts. Countries that transfer weapons to another country that may be used to commit war crimes, crimes against humanity, or genocide risk being complicit in these crimes. <\/p>\n In December, the Government of Canada joined the overwhelming majority of UN member states in calling for a ceasefire<\/a><\/strong>. Civil society welcomed this call. Today, Canada must take concrete steps to make this ceasefire a reality and put an end to the serious abuses in Gaza: it must comply with its national and international obligations by ceasing to supply weapons systems to Israel. <\/p>\n In recent years, Canadian authorities have taken the initiative to presumptively refuse export and brokering permits for arms to certain countries where there was a substantial risk that these weapons would be misused, including, at times, in T\u00fcrkiye<\/a><\/strong>, Belarus<\/a><\/strong>, and Russia<\/a><\/strong>. Dozens of other individual arms export permits have been denied since Canada\u2019s accession to the ATT due to the risks posed by the proposed export. Given the massive destruction in Gaza and the deaths of thousands of Palestinian civilians, there is no reason why a similar policy cannot or should not be implemented with respect to Israel. <\/p>\n