RCMP investigating Israel-Hamas conflict for possible war crimes
The RCMP is engaged in an investigation into possible war crimes and crimes against humanity in the continuing conflict between Israel and Hamas.
In a statement released Wednesday, the RCMP said that it initiated a structural investigation in early 2024, which is 'a broad, intelligence-led intake process designed to collect, preserve and assess information potentially relevant under Canada's Crimes Against Humanity and War Crimes Act.' The act implements Canada's obligations under the Rome Statute, that treaty that established the International Criminal Court.
'The RCMP remains committed to its mandate under Canadian law, to assess credible allegations of war crimes and crimes against humanity,' the RCMP said.
The investigation includes gathering open-source material and voluntary submissions, the RCMP said, and the intent is to collect information that could support future investigative steps, if jurisdictional and legal thresholds are met.
The RCMP is also investigating war crimes and crimes against humanity committed in Ukraine.
Opinion: The RCMP investigation on the Gaza war shows Canada's approach to Israel could be changing
According to the Department of Justice, the intention of Canada's Crimes Against Humanity and War Crimes Program is to 'deny safe haven in Canada to persons believed to have committed or been complicit in such crimes, and to seek accountability for their conduct.' The program is undertaken by Immigration, Refugees and Citizenship Canada, the Canada Border Services Agency, the Department of Justice and the RCMP.
The Toronto Star first reported on Monday that the RCMP was investigating potential war crimes related to the Israel and Hamas conflict. The Globe and Mail asked the RCMP a series of questions on Tuesday, but the force did not respond. On Wednesday, the RCMP released a statement saying that because of recent media coverage about its investigation related to the Israel-Hamas conflict, it sought to clarify information.
The RCMP sought to urge the public to refrain from drawing conclusions, adding: 'This initiative is solely focused on collecting relevant information and does not target any community or group.'
It said that it has a protocol to triage and process information related to global conflicts, which is a standard initial procedure and is the foundation for every case, 'after which specialized investigative techniques are applied to address the unique aspects of each investigation, including the Israel-Hamas structural investigation.'
'Should a perpetrator of core international crimes – such as genocide, war crimes, or crimes against humanity – with the appropriate nexus to Canada be identified, the RCMP will initiate a separate criminal investigation.' So far, the RCMP said it has not done so.
The statement said the structural investigation had not been publicly announced because the RCMP is developing 'essential supporting operational tools,' including a secure online portal, which will be available in English, French, Hebrew and Arabic, to facilitate submissions. Technical challenges, the statement continued, have resulted in delays. The RCMP said it will advise the public when the online portal is ready.
The war between Israel and Hamas in Gaza began on Oct. 7, 2023, when Hamas launched an assault that killed more than 1,200 people. Hamas abducted 251 people and is still holding 58 hostages, about one-third of whom are thought to be alive. Many of the hostages have been released under previous temporary ceasefires or agreements. Israel's military has killed more than 54,000 people, according to Gaza's Health Ministry. For weeks United Nations agencies have warned that people living in Gaza are at risk of famine.
Mark Kersten, an assistant professor at the University of the Fraser Valley and consultant at the Wayamo Foundation, a Berlin-based non-profit that works to strengthen the rule of law and promote justice for international and transnational crimes, said the statement from the RCMP on its work raises a lot of questions.
Mr. Kersten said it is striking that the RCMP launched a structural investigation before having the online portal set up, which will allow people to voluntarily provide information or evidence, and that it waited more than a year to acknowledge this. He wondered if the structural investigation into Russia's full-scale invasion of Ukraine had the same challenges.
'If the RCMP was doing such open-ended work without any concrete commitment to accountability, why would it take one-and-a-half years to say anything about it?'
Mr. Kersten said the RCMP 'seems to be at pains to explain what it is not doing – any criminal investigation into atrocity crimes – with very little in terms of what it is doing. And if it won't commit to pursuing any criminal prosecutions in its structural investigation, then why would people submit their evidence to the portal?'
With a report from The Associated Press
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