Author: Alan W. Clarke

Abstract

The post-World War II rules-based order is failing, leaving Canada exposed economically, diplomatically and militarily. The US’ abdication from the field tends towards a world of ‘might-makes-right’. It is in Canada’s self-interest to ally with other like-minded democracies to support international legal institutions — specifically including the International Court of Justice and the International Criminal Court — and to adopt a more muscular approach to universal jurisdiction. Canada must not limit itself to the easy cases. In helping to fashion a re-imagined democratic and human rights focused order, Canada must take a principled stance that embraces hard cases, such as those presented by Israel’s war crimes, crimes against humanity and genocide in Palestine. Much immiseration can be avoided if Canada and other democracies (without US leadership) can accomplish this. A more humane world would be a more peaceful world.

Resume

Alan W. Clarke is an adjunct professor of Political Science at Memorial University of Newfoundland, professor emeritus at Utah Valley University. He holds a J.D., William and Mary, an L.L.M., Queen’s University, and a Ph.D., Osgoode Hall Law School, York University. He has authored, or coauthored, three books, North American Genocides: Indigenous Nations, Settler Colonialism and International Law (Cambridge University Press, 2019 (coauthor Laurelyn Whitt)), Rendition to Torture (Rutgers University Press, 2012), and The Bitter Fruit of American Justice (Northeastern University Press, 2007 (coauthor Laurelyn Whitt)) and has authored or coauthored more than 40 articles in law reviews and social science journals and is on the editorial board of National Lawyers Guild Review.

Recommended Citation

Alan W Clarke, “Canada and the Global Rules-Based Order: Third State Responsibility for Genocide, War Crimes and Crimes Against Humanity in Gaza” (2026) 14:1 Can J Hum Rts 1, online <https://cjhr.ca/download/3651/?tmstv=1781195291&v=3652>.