OTTAWA - Advocates for international law are criticizing the Canadian government for its silence regarding U.S. sanctions imposed on a Canadian judge. The sanctions were announced on August 20 by the administration of former President Donald Trump against Kimberly Prost, a judge at the International Criminal Court (ICC). Prost, who authorized an investigation into U.S. personnel in Afghanistan, will have her U.S. assets frozen and may face difficulties accessing financial services in Canada.

The U.S. State Department also sanctioned individuals from France, Fiji, and Senegal for their involvement in the ICC's investigation into Israel's actions in Gaza and the West Bank. The French government expressed its disapproval, calling the sanctions an attack on the court and its members, undermining judicial independence.

Despite the significant implications of these sanctions, the Canadian government has not issued any public statement. The office of Justice Minister Sean Fraser directed inquiries to Global Affairs Canada, which has also remained silent.

Mark Kersten, a professor at the University of the Fraser Valley specializing in the ICC, stated, "This is about whether or not we believe that opposing sanctions against people who are trying to hold war criminals to account is something that we do, or whether we remain silent and do nothing."

The U.S. government has labeled the ICC as a "national security threat" and an instrument for lawfare against the United States and its ally, Israel. Neither the U.S. nor Israel is a member of the ICC. Kersten noted that the sanctions were anticipated, as Trump’s administration had previously threatened ICC judges and issued an executive order targeting the court.

Kersten warned that Prost may encounter challenges with Canadian banks and airlines, which could hesitate to provide services to someone under U.S. sanctions. He urged the Canadian government to enact a blocking statute under the Foreign Extraterritorial Measures Act, which would prevent Canadian businesses from complying with foreign sanctions deemed unacceptable.

Former Foreign Affairs Minister Lloyd Axworthy criticized the current government for abandoning the ICC, which Canada helped establish. He suggested that Canada is prioritizing trade negotiations with the U.S. over its commitment to international law. Axworthy, who was instrumental in implementing the ICC's founding treaty into Canadian law, expressed concern that Canada risks losing its role as a steward of the rules-based international order.

Axworthy stated, "Doing a pass-by on somebody who is attacking one of your own judges on an international institution... I'm not sure whether staying quiet was just simply an omission or was it deliberate."

He also questioned whether Foreign Affairs Minister Anita Anand addressed the sanctions during her meeting with U.S. Secretary of State Marco Rubio, as there was no mention of the issue in the official statements from either country.

Axworthy emphasized the need for Canada to collaborate with other nations to support international institutions that are under threat. He remarked, "I don't think we're putting our diplomatic assets to work, on the protection of the institutions that themselves protect people."

Kersten pointed out that Canada previously condemned sanctions against ICC officials during the Trump administration. He described the lack of response to the sanctions against Prost as a "foreign-policy failure," stating, "If we don't do anything about this now, it won't just be the ICC. We will normalize the use of coercive sanctions, not only against our citizens, but against people who have done exactly nothing wrong and who have dedicated their lives to serve others."