Canada faces lawsuit over military exports to Israel

Home*Cover Story*International

Canada faces lawsuit over military exports to Israel

A group of Canadian lawyers is suing Canada’s global affairs ministry for exporting military goods and technology to Israel during the Gaza conflict.

The attorneys argue the exports could be used in alleged human rights violations against Palestinians.

Canada has authorised at least C$28.5m ($21m) of export permits to Israel since the war erupted on 7 October.

But Ottawa denies accusations that these exports are illegal, saying the goods were “non-lethal” in nature.

Israel has said it respects international law and that it has a right to defend itself after it was attacked by Hamas.

The lawsuit was filed on Tuesday in the Federal Court of Canada by non-profit group Canadian Lawyers for International Human Rights (CLIHR), along with Ramallah-based non-profit Al-Haq Law and a group of Palestinian-Canadians, some of whom lost family and friends in Gaza.

The legal action accuses Canada’s Foreign Minister Mélanie Joly of authorising the export of military goods and technology to Israel that could be used to commit violations of international law.

Such exports, they argued, are unlawful and in breach Canada’s domestic laws and its international legal obligations.

CLIHR said it was asking the courts to block further such exports from Canada to Israel.

“We just want Canada to abide by its own laws and no longer contribute to these violations of international humanitarian law,” said Henry Off, a Toronto-based lawyer with CLIHR.

The BBC has contacted Global Affairs Canada for comment.

Speaking to reporters two weeks ago, Ms Joly said “there have been no weapons sent under my watch”, and that Canada has only exported “non-lethal equipment” since 7 October.

Official government records reported on by Canadian media show that over C$28m in exports to Israel were authorised in the first two months of the war.

Of that, C$1.7m of authorised permits were reportedly labelled under a category that includes “bombs, torpedoes, rockets, missiles and other explosive devices”, as well as related equipment and accessories.

Another C$18.4m covered items categorised as “electronic equipment”, according to Canadian media.

Following these reports, Canada’s centre-left New Democratic Party called on Prime Minister Justin Trudeau and his Liberal government to release documents on Canadian military and technology exports to Israel since the war broke out.

Israel began its offensive in Gaza after Hamas gunmen attacked nearby Israeli towns, killing around 1,200 people and taking 253 hostage, according to Israeli officials.

More than 30,500 Palestinians – mostly women and children – have been killed during Israel’s retaliatory offensive, according to the Hamas-run health ministry in Gaza.

Nearly two million others are displaced and the UN has warned of a looming famine in Gaza.

In January, the International Court of Justice ordered Israel to take all measures to prevent genocidal acts in Gaza.

Israel has vehemently rejected the allegation of genocide as “wholly unfounded”.

Similar lawsuits have also been filed in the US, the UK and the Netherlands to block the export of military goods to Israel.

The UK challenge, also launched by Al-Haq, was dismissed, though the group has vowed to appeal.

In February, a Dutch court ordered a halt to the export of F-35 jet parts to Israel over concerns they were being used to violate international law – a decision the Dutch government said it would appeal to the country’s Supreme Court.