Prof. Mendes Discusses Possibility of ICC Examining Canada’s Role in Afghan Detainee Issue
Professor Errol Mendes has discussed the possibility of the International Criminal Court (ICC) addressing Canada’s actions in Afghanistan in an op-ed for the Toronto Star and on CBC Radio One’s The Current.
The issue of whether or not Canada was complicit in torture when it turned Afghan detainees over to various Afghan authorities has been hotly debated since the testimony of diplomat Richard Colvin before a parliamentary committee on November 18, 2009. Prof. Mendes, who was present for Mr. Colvin’s testimony, suggests that Canada’s actions could have serious international repercussions.
In a Toronto Star op-ed from November 25, 2009, he writes, “it is likely that command responsibility for transferring detainees into an environment where they would face a substantial risk of torture could well be a violation not only of the Canadian Criminal Code, but also a potential breach of the Rome Statute of the International Criminal Court.”
Prof. Mendes also appeared on The Current on November 24, where he commented on the possibility of the ICC becoming involved, stating “given that the prosecutor right now is actually investigating the situation in Afghanistan – not only the actions of the Afghan government, but also coalition forces – there is a possibility that, at minimum, he may require Canada to start an independent investigation.”
Click here to read the Toronto Star op-ed, “Ignorance is no defence when the subject is torture.”
Click here to listen to Prof. Mendes on The Current.