By Cesar Jaramillo
December 19, 2023, Published in The Hill Times
A recent Project Ploughshares report raises questions about the risks posed by Canada’s major military exports to Israel, and underscores the need for Canada to comply fully with domestic and international arms control obligations.
Operation Iron Swords—Israel’s response to the Oct. 7 Hamas attack—is causing unprecedented harm to Gazan civilians, violating human rights, and flouting international humanitarian law. So horrific is the devastation that Canada has deviated from its staunchly pro-Israel stance, and supported a United Nations General Assembly resolution calling for a ceasefire, despite Israel’s opposition.With this politically significant vote, Canada joins almost the entire international community in urging the immediate end to the carnage in Gaza. Now Canada needs to act in the spirit of that non-binding resolution by scrutinizing its role in supplying military goods to Israel.
Project Ploughshares has just released a report by researcher Kelsey Gallagher, entitled Fanning the Flames: The grave risk of Canada’s arms exports to Israel. It raises critical questions about the risks posed by our substantial military exports to Israel, and underscores the need for Canada to comply fully with domestic and international arms control obligations.
The international Arms Trade Treaty (ATT), to which Canada is a party, imposes clear obligations on member states to prevent arms transfers if there is a substantial risk that they would be used in violations of international humanitarian or human rights law. In taking a stand for a ceasefire, Canada has acknowledged the devastating impact on Gazan civilians under the Israeli offensive, which has been widely denounced for disregarding the most basic humanitarian principles. The logical next step is to reassess the role of Canadian military goods in perpetuating this crisis.
The ATT offers a clear framework for responsible arms transfers, emphasizing the prevention of their misuse, including in breaches of international humanitarian law. Canada, having ratified this treaty, must demonstrate unwavering commitment to its principles. Our nation is duty-bound under the ATT to halt these transfers of military goods to Israel given the conduct of the Israel Defense Forces (IDF) in Gaza.
As Fanning the Flames highlights, Canadian military exports to Israel—valued at $27,861,256 in 2021 and $21,329,783 in 2022—include electronic equipment, aircraft, and bomb components. Particularly notable are parts critical to the F-35 Joint Strike Fighter. A variant, the F35I, is being used by the IDF in its bombing campaign in Gaza, and Canadian-made components—including parts of the landing gear, pieces of the engine, and segments of the wings—are found in these Israeli planes.
Israel’s right of self-defence cannot extend to wanton aggression and the flouting of international norms. The global community cannot afford to endorse a narrative in which humanitarian violations are thus excused. And Canada must recognize and rectify its own role in perpetuating the cycle of violence in Gaza through the exporting of its military goods.
For Canada, ceasing all military exports to Israel—given the substantial risk that they may be implicated in human rights violations—is a necessary step and a legal obligation. But we should go further by adopting a presumption-of-denial policy for new export permits related to military goods destined for Israel. Such a policy, when aligned with ATT obligations and humanitarian imperatives, would acknowledge the heightened risks associated with such transfers and aim to prevent our country’s complicity in potential human rights abuses.
The Canadian government must also close loopholes that enable unregulated military transfers to Israel via United States procurement channels, through which Israel receives components for its F-35I fighter jets. This proactive measure would align our domestic control regime with what is required under the Arms Trade Treaty.
Without swift action, Canadian military goods will continue to pose the risk of contributing to the humanitarian crisis in Gaza, and could even affect the trajectory of future conflicts. What is unfolding in Gaza is a stain on our collective humanity. And if Israel’s behaviour stands as an example of what the West considers acceptable in armed conflict, the whole international community—including the West itself—will surely suffer.
Any such endorsement not only jeopardizes the well-being of those directly affected, but also exposes the vulnerability of international norms to the whims of powerful actors.
Evidence of violations of international humanitarian law in Gaza is indisputable. And history will judge Canada’s response to this critical moment. Support for a long-overdue ceasefire is a good start. Now it is time for Canada to stop arming Israel.
and chair of the Canadian Pugwash Group.