Canada’s Role in Palestinian Reparation and Advocacy: A Call for Israeli Legal Accountability
September 4th, 2023
Justice For All Canada is deeply disturbed by the Canadian government’s ongoing refusal to support the United Nations in calling for legal accountability for Israel’s occupation and human rights violations in the Palestinian Territories. In December 2022, Canada voted against a pivotal UN resolution seeking the International Court of Justice (ICJ) to issue an advisory opinion on the “legal consequences arising from policies and practices of Israel in the occupied Palestinian territory (OPT), including East Jerusalem.”
This month, 55 countries, including Canada, issued a joint letter to the ICJ arguing against the advisory legal opinion. The letter was fortunately obtained and revealed by the Canadians for Justice and Peace in the Middle East (CJPME).
“By failing to support the ICJ in providing consultative judgement on Israel's conduct, Global Affairs Canada has demonstrated its selective advocacy involving minorities facing egregious human rights abuses,” said Taha Ghayyur, Executive Director. “Canada has made it nearly impossible to hold the Israeli government accountable for its clear violations against Palestinian communities and their children,” added Ghayyur.
Global Affairs Canada's legal adviser Alan Kessel, who provided the statement to the ICJ, raised several concerns relating to “procedural grounds” and “Israeli consent,” among other reasons cited in defence of the Israeli government.
Under international law, procedural issues should not be used to prevent a thorough examination of human rights abuses. States must allow international bodies to fulfill their mandates in assessing violations. While Canada should acknowledge the principle of consent, we stress that consent should never be used to shield Israel from scrutiny over human rights abuses. Even without state consent, international law should prioritize accountability for violations.
In the letter, Global Affairs Canada incorrectly mentions that an ICJ advisory opinion could “hinder the peace process.” This contradicts decades-long research by organizations like Amnesty and Human Rights Watch, emphasizing that respecting human rights is not an obstacle but a crucial element in achieving lasting peace. Addressing state-sponsored minority abuses is seen as fundamental to any sustainable peace effort.
Recent Israeli Crimes Against Humanity (2023)
According to a new report from the Global Centre For the Responsibility to Protect (GCR2P), populations in the Occupied Palestinian Territory have endured recurring war crimes and crimes against humanity, including the crime of apartheid. These violations—which Canada’s UN representatives refuse to acknowledge—involve a systematic pattern of human rights abuses against Palestinians. The most recent violent incidents of 2023 include;
1. Frequent Lethal Force: Israeli forces have deployed the highest lethal force against Palestinians in over two decades, irrespective of threat level.
2. High Palestinian Casualties in 2023: Since the beginning of 2023, over 170 Palestinians have been killed in the West Bank and Gaza Strip.
3. Airstrikes and Rockets in May: Between May 9 and 13, Israel conducted airstrikes and shelling in the blockaded Gaza Strip, resulting in Palestinian civilian casualties.
4. Violent Raids in April: For the third consecutive year, Israeli forces carried out violent raids on the Haram Al-Sharif compound and Al-Aqsa Mosque in April 2023 during the holy month of Ramadan. These actions included stun grenades, tear gas, sponge-tipped bullets, and indiscriminate beatings of Muslim worshippers.
5. Large-Scale Military Operation in July: On July 3 and 4, 2023, Israel conducted its most extensive military operation in the Occupied West Bank in over two decades. This operation resulted in the death of at least 12 Palestinians, including five children, and injuries to over 140 individuals. Airstrikes and ground operations forced thousands to flee and caused extensive damage to civilian infrastructure and homes.
6. Continued Violations of International Law: The abovementioned violent incidents occurred in the context of ongoing international law violations by Israeli authorities, including the rapid and illegal expansion of settlements.
7. Demolitions and Forced Displacements: In 2023, according to OCHA, Israeli government authorities demolished or seized 530 Palestinian-owned structures, leading to the forcible displacement of over 940 Palestinians.
8. Indiscriminate Killing of Palestinian Children: Israeli military and border police forces are killing Palestinian children with virtually no recourse for accountability. 2022 was the deadliest year for Palestinian children in the West Bank in 15 years, and 2023 is on track to meet or exceed 2022 levels.
Demands to Canada’s Government
Following the issuance of the joint letter, Justice For All urges Global Affairs Canada to undertake the following measures in support of advocating for reparations on behalf of Palestinians who are enduring the human rights violations we’ve detailed in this statement.
Justice For All Canada is deeply disturbed by the Canadian government’s ongoing refusal to support the United Nations in calling for legal accountability for Israel’s occupation and human rights violations in the Palestinian Territories. In December 2022, Canada voted against a pivotal UN resolution seeking the International Court of Justice (ICJ) to issue an advisory opinion on the “legal consequences arising from policies and practices of Israel in the occupied Palestinian territory (OPT), including East Jerusalem.”
This month, 55 countries, including Canada, issued a joint letter to the ICJ arguing against the advisory legal opinion. The letter was fortunately obtained and revealed by the Canadians for Justice and Peace in the Middle East (CJPME).
“By failing to support the ICJ in providing consultative judgement on Israel's conduct, Global Affairs Canada has demonstrated its selective advocacy involving minorities facing egregious human rights abuses,” said Taha Ghayyur, Executive Director. “Canada has made it nearly impossible to hold the Israeli government accountable for its clear violations against Palestinian communities and their children,” added Ghayyur.
Global Affairs Canada's legal adviser Alan Kessel, who provided the statement to the ICJ, raised several concerns relating to “procedural grounds” and “Israeli consent,” among other reasons cited in defence of the Israeli government.
Under international law, procedural issues should not be used to prevent a thorough examination of human rights abuses. States must allow international bodies to fulfill their mandates in assessing violations. While Canada should acknowledge the principle of consent, we stress that consent should never be used to shield Israel from scrutiny over human rights abuses. Even without state consent, international law should prioritize accountability for violations.
In the letter, Global Affairs Canada incorrectly mentions that an ICJ advisory opinion could “hinder the peace process.” This contradicts decades-long research by organizations like Amnesty and Human Rights Watch, emphasizing that respecting human rights is not an obstacle but a crucial element in achieving lasting peace. Addressing state-sponsored minority abuses is seen as fundamental to any sustainable peace effort.
Recent Israeli Crimes Against Humanity (2023)
According to a new report from the Global Centre For the Responsibility to Protect (GCR2P), populations in the Occupied Palestinian Territory have endured recurring war crimes and crimes against humanity, including the crime of apartheid. These violations—which Canada’s UN representatives refuse to acknowledge—involve a systematic pattern of human rights abuses against Palestinians. The most recent violent incidents of 2023 include;
1. Frequent Lethal Force: Israeli forces have deployed the highest lethal force against Palestinians in over two decades, irrespective of threat level.
2. High Palestinian Casualties in 2023: Since the beginning of 2023, over 170 Palestinians have been killed in the West Bank and Gaza Strip.
3. Airstrikes and Rockets in May: Between May 9 and 13, Israel conducted airstrikes and shelling in the blockaded Gaza Strip, resulting in Palestinian civilian casualties.
4. Violent Raids in April: For the third consecutive year, Israeli forces carried out violent raids on the Haram Al-Sharif compound and Al-Aqsa Mosque in April 2023 during the holy month of Ramadan. These actions included stun grenades, tear gas, sponge-tipped bullets, and indiscriminate beatings of Muslim worshippers.
5. Large-Scale Military Operation in July: On July 3 and 4, 2023, Israel conducted its most extensive military operation in the Occupied West Bank in over two decades. This operation resulted in the death of at least 12 Palestinians, including five children, and injuries to over 140 individuals. Airstrikes and ground operations forced thousands to flee and caused extensive damage to civilian infrastructure and homes.
6. Continued Violations of International Law: The abovementioned violent incidents occurred in the context of ongoing international law violations by Israeli authorities, including the rapid and illegal expansion of settlements.
7. Demolitions and Forced Displacements: In 2023, according to OCHA, Israeli government authorities demolished or seized 530 Palestinian-owned structures, leading to the forcible displacement of over 940 Palestinians.
8. Indiscriminate Killing of Palestinian Children: Israeli military and border police forces are killing Palestinian children with virtually no recourse for accountability. 2022 was the deadliest year for Palestinian children in the West Bank in 15 years, and 2023 is on track to meet or exceed 2022 levels.
Demands to Canada’s Government
Following the issuance of the joint letter, Justice For All urges Global Affairs Canada to undertake the following measures in support of advocating for reparations on behalf of Palestinians who are enduring the human rights violations we’ve detailed in this statement.
- DEMAND 1--We demand that the Canadian government maintains consistency between its stance on Israel-Palestine resolutions and its commitment to international law and human rights in its foreign policy.
- DEMAND 2--We call upon the Canadian government to withdraw its opposition to the ICJ's involvement by supporting and advocating for impartial international mechanisms in combatting Israeli human rights abuses.
- DEMAND 3--We demand that the Canadian government actively and transparently promote public awareness about human rights issues in occupied Palestinian territories.