Full Breakdown
Canada’s Planned Response to ICC Arrest Warrants
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Preparedness to Enforce ICC Warrants
An internal memorandum dated June 10, 2024 outlines Canada’s obligations under the International Criminal Court (ICC) – Rome Statute framework. The memo, written by then-national-security adviser Nathalie Drouin, states that the ICC is a designated extradition partner under Canada’s Extradition Act and that “upon a request to co-operate, should one ever be received, Canada would be expected to seek an arrest warrant in a Canadian court.” It further notes that “the ICC may request that Canada, as a state party to the Rome Statute, co-operate in the provisional arrest or (if the subject is on the way or in Canada) in the arrest and surrender of that person.” The heavily redacted document was obtained by CBC News through an access-to-information request and predates the ICC’s November 2024 warrants targeting Israeli Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant and senior Hamas figures.
Legal Framework and Prior ICC Interactions
Canada has previously received a provisional arrest request related to the ICC’s March 2023 warrant for Russian President Vladimir Putin, though the memo does not specify when that request arrived. The same legal analysis that guided the 2024 memo would apply to any future ICC request, including those concerning the Gaza-war indictments. France has argued that its ICC treaty obligations do not extend to its airspace, a view echoed by some international-law scholars who warn that non-cooperation could undermine the court’s authority.
Government Officials’ Positions
Foreign-affairs minister Mélanie Joly described any scenario involving Netanyahu or Gallant entering Canada as “hypothetical” and declined to comment further. In an October 2025 Bloomberg interview, former finance minister Mark Carney answered “yes” when asked whether Canada would arrest Netanyahu should he arrive on Canadian soil. Netanyahu’s aircraft has traversed Canadian airspace multiple times since the warrants were released, and the federal government has not redirected those flights.
Verbatim Quotes
- “Upon a request to co-operate, should one ever be received, Canada would be expected to seek an arrest warrant in a Canadian court,” — Nathalie Drouin
- “The ICC may request that Canada, as a state party to the Rome Statute, co-operate in the provisional arrest or (if the subject is on the way or in Canada) in the arrest and surrender of that person,” — Nathalie Drouin