After the International Court of Justice found that there were plausible grounds that Israel is committing genocide, Foreign affairs minister Melanie Joly ducked questions about Canada’s response. She said that Canada would wait for a final judgement (at least a year away). But she avoided commenting on the urgent “provisional measures” which the court ordered. There are things that Canada could and should do right now. Read

On Friday, January 26th, the International Court of Justice ruled that there is a probable case of genocide against Israel and recommended proceeding with a full investigation. The court also ordered 6 provisional measures to be implemented immediately.

• Israel shall take all measures to prevent the commission of all genocidal acts
• Israel shall ensure immediately that its forces do not commit any genocidal acts
• Israel shall take all measures to prevent and punish incitements to genocide
• Israel shall take immediate and effective measures to permit humanitarian assistance
• Israel shall take effective measures to prevent the destruction and preserve evidence of genocide
• Israel shall submit a report to the Court within 1 month on measures taken

All states, including Canada, who are signatories to the International Convention on Prevention and Punishment of Genocide have an obligation to assist the enforcement of these measures.

But according to CTV Mme. Joly preferred to “double down” on our support for Israel, by avoiding mention of any role for Canada in the wake of the ruling – preferring a “wait and see” attitude, notwithstanding the court’s finding that it is plausible that a genocide is going on now.

At the very least it would seem prudent for Canada to Immediately suspend all arms sales to Israel. Now that the court has warned member states that there is a “plausible” case for genocide, continued arms sales to Israel would expose Canada to being found complicit in genocide when the court rules. And Global Affairs should advise Canadians that servicing in the Israeli armed forces could expose them to prosecution.

An important role for Canada with respect to the “provisional measures”

The ICJ ordered the provisional measures because the Court believes, the survival of Palestinians in Gaza is at risk. The Israeli government must comply with the ICJ’s ruling immediately. But it also puts an obligation on Canada as a signatory to the genocide convention.

“All states – including those who were critical of or opposed South Africa’s submission of the genocide case- have a clear duty to ensure these measures are implemented”, notes Agnes Callamard, Secretary General of Amnesty International.

Canada can fulfil its duty specifically with respect to three of the provisional measures

• Prevent destruction and preserve evidence of genocide

Israel is directed to preserve evidence olf genocide or incitement to genocide which might be used by the Court. Canada should collect, preserve and submit to the Court its own body of evidence.  Canada should direct the RCMP to gather testimonies from doctors and aid workers returning from Gaza, Canadian citizens evacuated from Gaza, etc. This should be provided to the court.

• Ensure humanitarian assistance to Palestinians in Gaza

1. Canada should pressure Israel to open the Erez crossing in the north of Gaza strip to allow emergency humanitarian supplies to enter Gaza. Because Israel has complete control over Erez, there would be no reasonable grounds for delay.
2. Canada should increase its financial support to UNRWA. UNRWA is the principal source of humanitarian relief for the over 2 million Palestinian refugees in Gaza. Any charges against individual UNRWA employees should not be used as a way to undermine the organization or its vital work.
3. Canada should offer the services of DART, its Disaster Assistance Response Team (DART) to the United Nations. According to the DART website, “Canada sends the DART on request, when local responders are overwhelmed and people have nowhere else to turn.” The DART team is composed of Canadian Armed Forces members and can leave on very short notice to anywhere in the world, and it can operate for up to 60 days. The crisis in Gaza and the call of the ICJ seem to be very good reasons to deploy DART.

• Ensure Israeli compliance with the directive to report back to the court on progress

To strengthen the hand of the court, Canada should send an official senior level observer to the Hague to monitor Israel’s compliance with the order to report back. The observer should report back to the Government of Canada. In the event Israel does not comply with the court order, or if its reporting is inadequate, Canada should consider applying sanctions of its own to Israel.

What you can do

CTIP will send this list of suggestions to Mme. Joly and to Prime Minister Trudeau. Any CTIP reader who agrees can write her directly (melanie.joly@parl.gc.ca) urging her to undertake all of these measures immediately. It never hurts to copy your own MP.

Please feel free to share with anyone else who might be interested.

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