Israeli’s murderous attack on Gaza has led many to accuse it of genocide – the most serious of war crimes. Now South Africa has made the allegation formally in a filing before the International Court of Justice. This will cause problems for Israel, for the USA and even for Canada, according to well known Canadian international human rights lawyer Alex Neve. Watch our interview with him……
South Africa said on Friday it is applying for an urgent order to declare Israel’s offensive in Gaza – including its bombing campaign and siege of the Palestinian territory – is “genocidal in character” and a violation of the 1948 Genocide Convention.
Its application is supported by an 84-page document with legal arguments and evidence of Israel’s actions in Gaza and of public incitement to genocide by senior Israeli officials
Israel and the US oppose the filing and will undoubtedly pressure Canada to do so as well. But this will cause a dilemma for Canada, points out Geoffrey York of the Globe and Mail.
Only last month Canada and five other Western governments argued that the evidence of genocide can include “a violent military operation triggering the forced displacement of members of a targeted group” and can also include “subjecting a group of people to a subsistence diet, systematic expulsion from homes and the induction of essential medical services below minimum requirement.” All of these acts figure prominently in the accusations the South African filing aims against Israel.
The South African legal submission is “truly important” according to international relations theorist John J. Mearsheimer of the University of Chicago. “Regardless of how this case plays out in the ICJ – and here I am fully aware of the maneuvers that the United States and Israel will employ to avoid a fair trial – in the future Israel will be widely regarded as principally responsible for one of the canonical cases of genocide”.
Law professor Alex Neve of the University of Ottawa, Advisory Council member of the Ottawa Forum on Israel Palestine and former Secretary General of Amnesty International Canada, concurs. See his clear statement in this video.
Israeli establishment to its politicians – “Shut up about it”!!
The South African move appears to have rattled members of the Israeli establishment. Some Israeli public figures are warning about the dangers of public incitement. “For the first time that we can remember, the explicit calls to commit atrocious crimes, as stated, against millions of civilians have turned into a legitimate and regular part of Israeli discourse,” they write. “Today, calls of these types are an everyday matter in Israel.”
An editorial in Ha’aretz on January 3rd was clearer. “South Africa’s filing to the International Court of Justice in The Hague accusing Israel of genocide is a wake-up call for Israel.“ But Ha’aretz seemed more concerned by the fact that its political and military leaders were openly talking about genocide rather than the fact of the genocide itself. “The most effective way to undermine the (South African) filing is to remove from the government those who incite war crimes.” (Translation: Keep on what you are doing but “Shut up about it!!!!”). The reason is simple: While evidence of genocidal acts are apparent, proving genocidal intent is far more difficult. Israel’s leaders have willing obliged.
What will Canada do?
Canada has many options. It can support the South African filing, oppose it, or remain neutral.
OFIP believes that Canada should reaffirm its support for the ICJ and the rule of law as the bedrock of international relations. It should acknowledge the gravity of the allegations and urge the Court to proceed expeditiously. Unless it has factual evidence to offer, Canada should not intervene or comment on the merits of the case itself.
Readers who have an opinion on this matter should write Prime Minister Trudeau, Foreign Affairs minister Mélanie Joly and copy their local MP. Public pressure does work. In December, Canada was moved to change its opinion and vote at the UN for an unconditional ceasefire in Gaza.
The ICJ will hear opening arguments from South Africa and Israel on January 11 and 12.
Canada Talks Israel Palestine (CTIP) is the weekly newsletter of Peter Larson, Chair of the Ottawa Forum on Israel/Palestine (OFIP). It aims to promote a serious discussion in Canada about Canada’s response to the complicated and emotional Israel/Palestine issue with a focus on the truth, clear analysis and human rights for all. Readers with different points of view are invited to make comment.
Want to learn more about us? Go to Ottawa Forum on Israel/Palestine.ca
Canada Talks Israel/Palestine 
The genocide claim should’ve been applied in 1948, after 1967 when the settlements in West Bank started and all along the years after, with expansion of settlements, after the assault on Lebanon and a few assaults on Gaza. Not to forget the ethnic cleansing of Jerusalem.
HI Peter Thanks for all you are doing. Your work is more important than ever right now. I wonder if you have seen Gwyn Dyer’s article. I know a large number of newspapers carry his columns but wonder how many will include this one. Doug