November 20, 2009, an article appears in Maclean's magazine which challenges readers with a stirring and provocative title. Responding to current allegations involving the transfer of prisoners by Canadian Forces operating in Afghanistan to Afghan security forces, Michael Byers -- Canada Research Chair in Global Politics and International Law at the University of British Columbia -- asserts "the prohibition of torture ranks with the prohibitions of genocide and slavery as one of the most fundamental rules of international law." Given Canada's ratification of the International Criminal Court statute and the jurisdiction acquired over Canadians, the impact is disconcerting. "If Canadian officials allowed detainees to be transferred to Afghan custody despite an apparent risk of torture ..they are as guilty of a war crime as the torturers themselves. They could be prosecuted in Canada under the Crimes Against Humanity and War Crimes Act," Byers writes, or "they could be hauled before the International Criminal Court."
--Read a BBC Backgrounder on the International Criminal Court
--Visit Official International Criminal Court Web Site
Despite the apparent enormous significance of these charges, the response to the testimony has been curiously understated by the Government of Canada.
This prompts the question: is the possibility of Canadian Government Officials prosecution for War Crimes built on credible and dangerous allegations? or merely partisan political spin?
Investigate this issue and determine for yourself an answer to this question.
Further, if there is truth to the allegations, what should the Government of Canada do in response?
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