Canada Reiterates Support for UN Court After Interim Decision on Genocide Accusation Against Israel

Minister of Foreign Affairs Mélanie Joly delivers remarks at the Global Heads of Mission Meeting in Ottawa, on June 7, 2023. The Canadian Press/Spencer Colby

Minister of Foreign Affairs Mélanie Joly reaffirmed Canada’s support for the International Court of Justice (ICJ) after the court handed down an interim ruling on South Africa’s accusation of genocide against Israel.

“Canada supports the ICJ’s critical role in the peaceful settlement of disputes and its work in upholding the international rules-based order,” Ms. Joly said in a Jan. 26 release.

In a Jan. 26 ruling by the ICJ, the principal judicial organ of the United Nations, Israel was directed to implement additional steps to safeguard civilians and ensure the preservation of evidence pertaining to alleged acts of genocide in its conflict with Hamas in the Gaza Strip.

The ruling stems from South Africa’s accusation that Israel has breached the 1948 U.N. Convention on the Prevention and Punishment of the Crime of Genocide. The ICJ ruling represents a provisional decision as the case regarding allegations of genocide continues to be deliberated.

On South Africa’s charge, Ms. Joly emphasized that Canada is waiting for a final decision from the ICJ, in The Hague, Netherlands.

“Our support for the ICJ does not mean that we accept the premise of the case brought by South Africa,” said Ms. Joly.

“It is for the ICJ to make a final decision on the case, which it has not done today. We continue to follow the case very closely.”

South Africa alleges that Israel’s activities in the Gaza Strip constitute genocide. It argues that Israel’s actions seem designed to destroy “substantial part of the Palestinian national, racial and ethnical group.” The South African representatives also asked the ICJ to impose a ceasefire in the Gaza Strip while the court examines the genocide claims. However, the court’s directive did not extend to mandating a ceasefire.

In its decision, the majority of ICJ judges decreed that Israel must take concrete measures to protect Palestinian civilians, counter and penalize any calls for genocide against them, facilitate humanitarian aid, and safeguard evidence pertinent to the genocide allegations.

The court also mandated Israel to submit a report within a month detailing its compliance with the directives. However, the ICJ’s interim ruling did not order a stop to Israel’s military operations, as South Africa had requested.

The ICJ acknowledged in its preliminary decision that South Africa had presented a credible argument to justify requesting a genocide determination against Israel.

The Canadian Liberal caucus is experiencing internal disagreements regarding how Canada should respond to South Africa’s request for the court to investigate Israel for genocide due to its operations in the Gaza Strip. This issue has caused a split within the caucus.

A segment of Liberal MPs firmly backs Israel’s right to defend itself, which currently involves actions against Hamas and pre-emptive measures against potential future threats. But others are advocating for a ceasefire, emphasizing the need to address the humanitarian crisis affecting Palestinians.

Despite the ICJ turning down South Africa’s plea for a ceasefire, Israeli Prime Minister Benjamin Netanyahu expressed strong disapproval of the court’s willingness to consider the genocide allegations, describing it as a “mark of shame that will not be erased for generations.” Mr. Netanyahu firmly declared Israel’s intention to persist in the conflict, committing to safeguard Israeli citizens while adhering to international law standards.

Israel’s ambassador has called for Canada to make its stance clear regarding the genocide allegations being brought before a United Nations court. Other G7 nations have firmly dismissed the accusations.

Ambassador Iddo Moed emphasized the point in a statement on Jan. 18, stating, “At a time when the world’s leading liberal democracies and many of Canada’s closest allies and G7 members ... are unequivocally rejecting South Africa’s cynical application, Israel urges Canada to leave no room for misinterpretation on a matter that is crystal clear.”

On Jan. 26, a group of seven international Jewish advocacy organizations including Canada’s Centre for Israel and Jewish Affairs released a statement about the court ruling.

In the statement, the J7 acknowledged the ICJ’s denial of South Africa’s demand for an Israeli ceasefire, saying it was indirect recognition of Israel’s right to self-defence in Gaza.

The J7 also noted the court’s demand for the immediate release of all hostages. However, the J7 expressed deep disappointment with the ICJ’s decision to order provisional measures that Israel must comply with, saying it lends credibility to what the group considers baseless claims by South Africa.