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.