Freeing hostages should be a standalone imperative
The release of three Israeli captives marks an important milestone in the implementation of the agreement for the return of hostages to their loved ones.
Hostages Romi, Doron and Emily were taunted and tormented by howling mobs — broadcast live on Qatari state media Al Jazeera — as they were transferred by Hamas to the custody of the Red Cross, the first time the international aid organization had seen them in their 470 days of captivity.
It is the first stage of a three-stage process towards the release of 94 more hostages in exchange for the continued release of nearly 2000 security detainees and terrorists, many with blood on their hands. The asymmetry of paradigms — rescue and recovery of hostages, versus clemency for convicted mass murderers — rewards terrorist criminality and extortion while incentivizing further acts of terror.
In announcing the agreement, Hamas leaders reiterated, yet again, their intention to commit the heinous crimes of October 7 all over again. The mass murderers being released by Israel to secure the return of innocent civilians taken hostage could therefore be the architects and perpetrators of another atrocity.
In pursuing a ceasefire and hostage release, the convicted killers emerging from Israeli jails might well breach the ceasefire, take more hostages, and start another war. Indeed, the previous release of over 1,000 terrorists in the Gilad Shalit exchange included Yahya Sinwar and other Hamas leaders who went on to perpetrate the crimes of October 7.
No country should be put in such a painful and impossible position, and every country should have condemned this dangerous paradigm imposed by terrorists, while simultaneously supporting the agreement.
Every life is a universe, and saving a single life is like saving an entire universe. For each hostage ripped from their home who is now returning to their loved ones alive, it is a whole world that has been rescued. For all the lives that would otherwise be lost to the war, the ceasefire offers life-saving protective cover. And for the cause of peace and security that Hamas and their state backers sought to so desperately disrupt with their October 7 assault, the agreement will allow for the continued expansion of the Abraham Accords and regional peace agreements, changing the world as a whole for the better.
Despite the very real risks and painful sacrifices presented by the agreement, it deserves global support.
But there are important lessons to be learnt.
A hostage recovery and ceasefire agreement could have likely been achieved earlier — and many lives saved — and at lower cost with less risks, had the world held Hamas accountable and more clearly and unequivocally called for the release of the hostages as a standalone humanitarian principle and international legal obligation.
Indeed, the current agreement reflects the framework for a hostage release and humanitarian ceasefire that was first proposed in December 2023, and an exact replica of what was proposed in May by the U.S. and supported by Israel, but rejected by Hamas. Its August reformulation was similarly rejected by Hamas.
The singling out of Israel for selective opprobrium and indictment, coupled with indulgence of Hamas demands, only prolonged the painful process, and the pernicious paradigm that underpinned it. In not condemning Hamas’ outrageous demands, the international community delayed a ceasefire and thereby contributed to the suffering of Palestinians and Israelis alike.
The Canadian government was missing in action, thereby prejudicing this process and the cause of the hostages. As a major G7 country and founding nation of the rules-based international order and its multilateral institutions like the UN, Canada’s foreign policy positions matter in influencing other countries and shaping the global narrative.
The government could have more clearly called for “the immediate and unconditional release of all the hostages,” without referencing any other considerations in the same statement. While negotiations are the means through which this would be achieved, the rhetoric surrounding it matters, and “unconditional and immediate” underscores the illegality of hostage-taking and reinforces international norms against it, while increasing pressure on Hamas. Many others, such as the U.K. government, have effectively done so.
Far
too often, the Canadian government linked the recovery of hostages to
other considerations or conditions including a ceasefire, two-state
solution (which we otherwise support), and the broader situation in the
Middle East, thereby encouraging other countries to do the same and
emboldening Hamas intransigence.
In echoing false accusations against Israel like the Al-Shifa hospital bombing — where the evidence revealed that the bombing was by Palestinian Islamic Jihad — and becoming the first G7 country to ban sales of defence materials to Israel, Canada further marginalized Israel amidst hostage negotiations, strengthened Hamas, and was marginal amongst major allies. Even Hamas issued a statement thanking the Canadian government for its positions.
As counsel to families of hostages and victims of October 7, we have been supporting the ongoing investigations by U.S. law enforcement, which led to the issuance of indictments against Hamas perpetrators. While Canada had initiated criminal investigations for Russian crimes against Ukrainians, ISIS crimes against Yazidis and others, and Canadian victims of terrorism and kidnapping abroad, the government has opted not to pursue justice and accountability for the Jewish Canadian victims of Hamas.
This did not only hurt Israelis and Palestinians, but also Canadians, who are at increasing risk of being abducted abroad. As hostage-takings rise around the world, Canada’s words and deeds inadvertently normalized the largest international hostage-taking in history, thereby undermining the international norms against it and putting all Canadians abroad at risk.
As the hostage recovery and ceasefire agreement is implemented, all Canadian public officials and parliamentarians can support its success by continuing to emphasize the standalone nature of the hostage crisis, and the need for the return of all the hostages, including human remains being illegally held captive. Particular reference should continue to be made to Toronto-native Judi Weinstein, who deserves a dignified burial and her Canadian family the closure of a funeral and gravesite. As well, specific support should be extended to hostages with close Canadian connections, such as Omer Neutra, Agam Berger, and Hadar Goldin.
The current hostage crisis and concomitant rise of other global hostage-takings — and Canada’s insufficient leadership therein — demonstrates the need for a new approach.
When Parliament resumes in March, it should adopt Bill C-353, the Foreign Hostage Takers Accountability Act, which makes important improvements to the legislative framework to combat hostage-taking.
Canada should also establish a standalone office for freeing hostages with a dedicated staff and an integrated whole-of-government approach, headed by a Special Envoy or Ambassador. This would be in line with our major allies, where the U.S. already has a Special Envoy — the cornerstone of a bipartisan foreign policy priority — and the U.K. is in the process of establishing one, after having already appointed an ambassador and team specifically for the October 7 hostages.
Grounded in the Canada-led Declaration on Arbitrary Detention in State to State Relations endorsed by 79 states — and wherein hostage-taking by terrorist state proxy would logically be within its mandate — Canada should convene a global task force of states against hostage-taking with concrete collective actions against hostage-takers and their state backers.
The return of hostages must continue to be urgently pursued as a humanitarian imperative until all are free. It is a legal obligation of the first order, as every day hostages remain in captivity is an ongoing Crime Against Humanity. Canada can now help free the captives in Gaza while combating the global scourge of hostage-taking by exercising global leadership.
Irwin Cotler is a former Minister of Justice and Attorney General of Canada and longtime parliamentarian. Brandon Silver is an international human rights lawyer and Director of Policy and Projects at the Raoul Wallenberg Centre for Human Rights. They serve as counsel to families of Hamas hostages and Canadian victims of October 7.
https://nationalpost.com/opinion/opinion-freeing-hostages-should-be-a-standalone-imperative?