Liberal MPs Divided as Israel Faces Genocide Accusation in UN Court

The International Court of Justice in The Hague, Netherlands, on July 10, 2022.Mihut Savu/The Epoch Times

The Liberal caucus remains divided about the position Canada should take on South Africa’s bid to have the International Court of Justice (ICJ) prosecute Israel for genocide for its actions in the Gaza Strip.

Ottawa has yet to express its position and has not said if it will take a stance on the matter that is currently before the UN court.

The ICJ will hear arguments Jan. 11 and 12 about how Israel has conducted itself during its military campaign in the Gaza Strip, with the South African government levelling accusations of genocide.

Israeli Defense Forces have pounded the enclave after Hamas conducted terrorist attacks inside Israeli territory on Oct. 7, leading to the death of approximately 1,200 people and the kidnapping of roughly 240.

The issue divided the Liberal caucus early on, with some MPs supporting unequivocally Israel’s right to self-defence, which in the current circumstances involves eliminating Hamas and any future threats it could pose.

Other Liberal MPs have pressed for a ceasefire to protect Palestinians facing a humanitarian crisis.

The Liberal government refrained for weeks in calling for a ceasefire, instead asking for humanitarian pauses. It changed its stance on Dec. 12, calling for a ceasefire and supporting a UN resolution to that effect.

Liberal MPs Anthony Housefather and Marco Mendicino have criticized the government’s position and are speaking out again regarding South Africa’s claim at the International Court of Justice (ICJ).

In a Jan. 9 statement, they say the claim is “baseless and unconscionable” and point to Hamas breaking the ceasefire on Oct. 7. “It is Hamas whose stated goal is the obliteration of the Jewish people.”

They add that Hamas should release the hostages and surrender to de-escalate the situation. “Until then, we respect Israel’s right and responsibility to defend its people from Hamas, a terrorist organization as recognized under Canadian law.”

On the opposite side, Liberal MP Salma Zahid is asking Canada to support South Africa’s application at the ICJ, which she says raises “many serious issues around the humanitarian crisis, the conduct of the conflict, and the suffering that is being experienced by innocent Palestinians.”

“The accusations deserve to be heard in the proper legal forum,” she wrote in a Jan. 9 statement. Ms. Zahid says Canada has a long-stated commitment to the rule of law as it applies to armed conflicts and, therefore, should “give meaning to these words” by supporting the ICJ process.

‘Path to Peace’

South African High Commissioner to Canada Rieaz Shaik said his country has a “firm” conviction that Israeli actions in Gaza “may amount to genocide.”

In a virtual press conference on Jan. 10, Mr. Shaik said he believes taking Israel to the ICJ is the “most viable and immediate path to peace.”

The Israeli Ministry of Foreign Affairs called the procedure in a Jan. 11 statement “one of the greatest shows of hypocrisy in history, compounded by a series of false and baseless claims.”

It calls the South African lawyers “Hamas’ representatives” at the ICJ and says they’ve ignored the Oct. 7 massacre, Hamas’ use of Gaza’s population as “human shields” and their operating from within hospitals.

While Canada has not taken a position on the matter, the U.S. has, with its Secretary of State Anthony Blinken calling South Africa’s claim “meritless.”

“It is particularly galling, given that those who are attacking Israel—Hamas, Hezbollah, the Houthis, as well as their supporter Iran—continue to call for the annihilation of Israel and the mass murder of Jews,” he said during a visit in Tel Aviv Jan. 9.

The U.S. was one of only 10 countries to vote against the Dec. 12 UN resolution for a ceasefire, which expressly did not condemn Hamas.

The Associated Press contributed to this report.