The Canadian government has weighed in on South Africa’s claims that Israel’s military action in Gaza is “genocidal in nature” as the UN’s main judicial body prepares to hear arguments in the case. He has not yet expressed his position.
The International Court of Justice (ICJ) will begin hearing South Africa’s arguments on Thursday, with Israel’s arguments scheduled to follow on Friday.
CBC News asked Global Affairs Canada (GAC) if the government plans to take action on the incident, but did not receive a response in time for publication. A ministry spokesperson told CBC News earlier this week that the government is “closely monitoring the situation.”
Israel launched a military operation in Gaza following a brutal Hamas attack on October 7 that killed around 1,200 Israeli citizens. More than 23,000 Palestinians have been killed in the military response, according to the region’s health ministry, which is controlled by Hamas.
South Africa alleges in court filings that Israel is in violation. United Nations Genocide Convention For failing to provide essential food, water, medicine, fuel, shelter and other humanitarian assistance to the Gaza Strip over the past three months. It also notes that continued bombing campaigns have destroyed much of the enclave and forced the displacement of approximately 1.9 million Palestinians.
Mona Abu-Amara, Head of the General Delegation of Palestine to Canada, called on Canada to support South Africa’s case at the ICJ.
“We have seen such atrocities become normalized and the human value of Palestinian lives receive less attention from the international community than they should,” she said early Wednesday.
The Israeli government strongly condemned South Africa’s submission to the ICJ.
Israeli President Isaac Herzog vowed earlier this week that Israel would “proudly” litigate the case in court and argue that it is “exercising self-defense in accordance with its most inherent rights under international humanitarian law.” .
“There is nothing more atrocious and ridiculous than this allegation,” Herzog told a news conference in Tel Aviv on Monday alongside US Secretary of State Antony Blinken.
Blinken also criticized South Africa’s ICJ submission, calling the genocide claims “worthless.”
“I want to make a few things absolutely clear.
Israel has no intention of permanently occupying Gaza or displacing civilians.
Israel is fighting Hamas terrorists, not the Palestinian people, and we are fighting in full compliance with international law. pic.twitter.com/amxFaMnS0P
Several Israeli Cabinet recently called for Palestinians to leave Gaza and the re-establishment of Israeli settlements within that territory. However, on the eve of the ICJ hearing, Israeli Prime Minister Benjamin Netanyahu publicly denied the statements of his own officials.
“Israel has no intention of occupying Gaza permanently or displacing civilians. Israel is fighting Hamas terrorists, not the Palestinian population, and we do so in full compliance with international law. ” he said on Wednesday.
Riaz Sheikh, South Africa’s special envoy to Canada, told CBC. power and politics Israel has a right to protect its own citizens, but it also has an obligation to protect civilians in Gaza.
“We condemned [the Oct. 7] “We said attacks were happening and Hamas should be investigated for war crimes,” Shaikh told host David Cochrane. This does not justify continuing the current situation.” [in Gaza]. ”
Irwin Cotler, former justice minister and Canada’s former special envoy to counter anti-Semitism, said in a separate interview. power and politics South Africa’s claims amount to a “false accusation.”
“I don’t understand South Africa’s weaponization of international law, which ultimately not only denigrates Israel and encourages anti-Semitism, but effectively undermines the entire rules-based international legal order,” he told Cochrane. “It will be,” he said.
Kotler said he did not want to downplay the devastation taking place in Gaza, but insisted that Israel was trying to minimize civilian deaths. He also accused Hamas of using Gaza residents as “human shields.”
South Africa has asked the ICJ to determine whether it has jurisdiction to issue “interim measures”, such as temporary injunctions, to stop Israeli actions against Palestinians in the Gaza Strip while the case is pending. I asked for it.
Although court decisions are binding, courts themselves do not have the ability to enforce their judgments. The UN Security Council will decide what steps need to be taken to enforce the ICJ’s judgment.
Abuamara said that even if the ICJ ruling did not lead to concrete action, it would put political pressure on the international community.
“This will make it difficult for liberal democracies and nations in general to carry out business as usual,” she said.
South Africa’s submission to the ICJ split Canada’s governing Liberal caucus.
Liberal MP Salma Zahid said she hoped the government would support South Africa’s application. He said Canada needs to “give meaning” to calls for all parties to respect international law.
He noted that some humanitarian agencies have said that Israel’s actions have restricted access to essential goods in the Gaza Strip and caused mass displacement of Palestinians living there.
“These charges should be heard in the appropriate legal forum,” Zahid said in a statement posted on X (formerly Twitter).
Liberal MPs Marco Mendicino and Anthony Housefather said in a joint statement that the court’s claims are “unfounded and unconscionable” as Israel seeks to prevent a repeat of October’s horrific attack by Hamas militants. It’s not,” he insisted.
Mr. Mendicino and Mr. Housefather point to a recent opinion piece written by former Supreme Court Justice Rosalie Abella and published in the Globe and Mail. In it, she said South Africa’s claims “represent an outrageous and cynical abuse of the principles underlying the international legal order established after World War II.”
Abela denounced what she called a “perverse situation” in which Israel has to protect itself from genocidal attacks by Hamas while also defending itself from allegations of genocide.
NDP foreign affairs critic Heather McPherson sent a letter to Jolly on Tuesday urging him to “not intervene to oppose this lawsuit and support the court’s decision.” That is the position France takes, she noted.