Canada Must Act: ICJ Advisory Opinion & Combatting Israeli Violations in Palestine
July 19th, 2024
Justice For All Canada welcomes the latest International Court of Justice (ICJ) Advisory Opinion regarding Israel's illegal actions in Palestine. In its landmark ruling, the ICJ reaffirmed the illegality of Israel’s long-standing occupation, settlement expansion, and annexation efforts in Palestine. The court demonstrated that Israel’s actions violate multiple international laws, and are pursued to the detriment of the Palestinian people's right to self-determination.
We call on the Canadian government to improve its position on crisis in Palestine, which has thus far been disappointing. The Canadian government must acknowledge the ICJ’s latest conclusions on the illegality of Israel’s prolonged occupation, and take concrete measures to stop Israel’s flagrant violations of international law.
“Today’s ruling presents another opportunity for Canada to revise its current stance and align with international law and human rights principles. Especially in light of crimes against humanity occurring in Gaza, Canadians urge their government to participate in ICJ proceedings and stand by international efforts to ensure accountability and justice for the Palestinian people,” explained Taha Ghayyur, Executive Director.
The ICJ’s advisory opinion emphasizes several critical points demanding immediate diplomatic and policy action:
Israel's activities specifically violate:
Sadly, numerous human rights groups have already highlighted Canada’s failure to uphold its moral authority on the global stage and its inability to hold the Israeli government accountable for its actions. In this case in particular, Canada voted against the United Nations General Assembly (UNGA) resolution requesting this ICJ decision. Once the UNGA resolution passed, Canada asked the ICJ to decline to provide an opinion for various reasons, all of which were rejected by the Court. One of Canada’s claims was that lasting peace can only be achieved through direct negotiations between Israel and Palestine, and that this ruling could actually be a detriment to peace in the region. This view however ignores the obvious power imbalance between the two parties, and the lack of resolution through negotiations for decades. ICJ President Salam addressed these types of arguments in his Declaration: “...one must question the opposition that some appear to draw between peace and law. Quite apart from the fact that in the present case peace negotiations have been practically non-existent for more than ten years, in my view it is incorrect to suggest that, by stating the law, the Court would undermine any peace process.” Finally, it is worth noting that once the historic ICJ hearings commenced in February (with over 50 countries participating), Canada was the only country to withdraw from the oral proceedings, a move which Justice for All Canada denounced in a previous statement.
Top Israeli officials have called today’s ICJ opinion an “absurd ruling” and “theater”. Despite the ruling calling on Israel to cease its illegal activities, Israeli Finance Minister has actually doubled down and called for the annexing of the rest of Palestine. Moreover, two days before the issuance of the decision, the Israeli Knesset overwhelmingly voted to reject Palestinian Statehood. Israel’s disregard for international law cannot be ignored by Canada any further.
Today’s ruling comes amidst an ongoing genocide in Gaza. Since October 7th, 2023, at least 38,848 Palestinian civilians have been indiscriminately killed, including over 15,000 children, with more than 89,459 injured and over 10,000 missing. A letter published in the medical journal The Lancet suggests that the final death toll could eventually reach approximately 186,000. Entire residential neighbourhoods have been destroyed by Israel's bombardment. Significant damage to vital civilian infrastructure has made several portions of Gaza uninhabitable. Millions have been forced to flee their homes, including so-called “safe zones”, in hope of finding safety from bombardment. Numerous civilian infrastructures—including schools, hospitals, and places of worship—that are safeguarded by international law have been totally demolished. If Canada fails to participate in and support the ICJ's advisory opinion, it risks being further complicit in Israel’s atrocities, inadvertently signalling tolerance for illegal settlement activities, prolonged occupation, and systemic discrimination against the Palestinian people.
Recommendations
Additional Sources
INTERNATIONAL COURT OF JUSTICE Press Release: Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem https://www.icj-cij.org/sites/default/files/case-related/186/186-20240719-pre-01-00-en.pdf
INTERNATIONAL COURT OF JUSTICE Summary: Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem
Summary of the Advisory Opinion of 19 July 2024 https://www.icj-cij.org/sites/default/files/case-related/186/186-20240719-sum-01-00-en.pdf
Justice For All Canada is a UN-consultative nonprofit conducting evidence-based policy research and genocide prevention advocacy to UN and government officials.
Justice For All Canada welcomes the latest International Court of Justice (ICJ) Advisory Opinion regarding Israel's illegal actions in Palestine. In its landmark ruling, the ICJ reaffirmed the illegality of Israel’s long-standing occupation, settlement expansion, and annexation efforts in Palestine. The court demonstrated that Israel’s actions violate multiple international laws, and are pursued to the detriment of the Palestinian people's right to self-determination.
We call on the Canadian government to improve its position on crisis in Palestine, which has thus far been disappointing. The Canadian government must acknowledge the ICJ’s latest conclusions on the illegality of Israel’s prolonged occupation, and take concrete measures to stop Israel’s flagrant violations of international law.
“Today’s ruling presents another opportunity for Canada to revise its current stance and align with international law and human rights principles. Especially in light of crimes against humanity occurring in Gaza, Canadians urge their government to participate in ICJ proceedings and stand by international efforts to ensure accountability and justice for the Palestinian people,” explained Taha Ghayyur, Executive Director.
The ICJ’s advisory opinion emphasizes several critical points demanding immediate diplomatic and policy action:
- Israel’s continued presence in the Occupied Palestinian Territory is unlawful under international law.
- The Court demands the immediate cessation of all new settlement activities by Israel and the evacuation of settlers from the Occupied Palestinian Territory.
- Israel’s obligation to make reparations for damages caused, including restitution for the destruction of property and resources, and compensation for suffering inflicted upon the Palestinian population.
- The obligations of all nations and international bodies, such as the UN and Canada, to refuse to acknowledge the illegal situation created by Israel's activities, and to refrain from aiding or assisting in maintaining this unlawful state of affairs.
Israel's activities specifically violate:
- International Covenant on Civil and Political Rights (ICCPR): Article 2, paragraph 1, and Article 26, which mandate non-discrimination and equal protection under the law.
- International Covenant on Economic, Social and Cultural Rights (ICESCR): Article 2, paragraph 2, which requires the elimination of all forms of discrimination in the enjoyment of economic, social, and cultural rights.
- International Convention on the Elimination of All Forms of Racial Discrimination (CERD): Article 2, which obligates states to condemn racial discrimination and undertake measures to eliminate it in all its forms.
- Fourth Geneva Convention: Article 49, which prohibits the occupying power from transferring parts of its own civilian population into the territory it occupies; Article 43 and Articles 46, 52, and 55 of the Hague Regulations, which pertain to the protection of family rights, private property, and the proper administration of resources in occupied territories.
Sadly, numerous human rights groups have already highlighted Canada’s failure to uphold its moral authority on the global stage and its inability to hold the Israeli government accountable for its actions. In this case in particular, Canada voted against the United Nations General Assembly (UNGA) resolution requesting this ICJ decision. Once the UNGA resolution passed, Canada asked the ICJ to decline to provide an opinion for various reasons, all of which were rejected by the Court. One of Canada’s claims was that lasting peace can only be achieved through direct negotiations between Israel and Palestine, and that this ruling could actually be a detriment to peace in the region. This view however ignores the obvious power imbalance between the two parties, and the lack of resolution through negotiations for decades. ICJ President Salam addressed these types of arguments in his Declaration: “...one must question the opposition that some appear to draw between peace and law. Quite apart from the fact that in the present case peace negotiations have been practically non-existent for more than ten years, in my view it is incorrect to suggest that, by stating the law, the Court would undermine any peace process.” Finally, it is worth noting that once the historic ICJ hearings commenced in February (with over 50 countries participating), Canada was the only country to withdraw from the oral proceedings, a move which Justice for All Canada denounced in a previous statement.
Top Israeli officials have called today’s ICJ opinion an “absurd ruling” and “theater”. Despite the ruling calling on Israel to cease its illegal activities, Israeli Finance Minister has actually doubled down and called for the annexing of the rest of Palestine. Moreover, two days before the issuance of the decision, the Israeli Knesset overwhelmingly voted to reject Palestinian Statehood. Israel’s disregard for international law cannot be ignored by Canada any further.
Today’s ruling comes amidst an ongoing genocide in Gaza. Since October 7th, 2023, at least 38,848 Palestinian civilians have been indiscriminately killed, including over 15,000 children, with more than 89,459 injured and over 10,000 missing. A letter published in the medical journal The Lancet suggests that the final death toll could eventually reach approximately 186,000. Entire residential neighbourhoods have been destroyed by Israel's bombardment. Significant damage to vital civilian infrastructure has made several portions of Gaza uninhabitable. Millions have been forced to flee their homes, including so-called “safe zones”, in hope of finding safety from bombardment. Numerous civilian infrastructures—including schools, hospitals, and places of worship—that are safeguarded by international law have been totally demolished. If Canada fails to participate in and support the ICJ's advisory opinion, it risks being further complicit in Israel’s atrocities, inadvertently signalling tolerance for illegal settlement activities, prolonged occupation, and systemic discrimination against the Palestinian people.
Recommendations
- Canada must in clear terms affirm its unequivocal support for the latest ICJ advisory ruling.
- The Canadian government must take concrete and decisive actions to prevent further illegal settlements in Palestine. This includes increased diplomatic pressure and economic measures against Israel. More sanctions should be imposed on Israeli individuals and entities involved in illegal settlement activities.
- Canada should officially recognize the State of Palestine, joining the 140 other countries that have already done so, to support Palestinian self-determination and promote a just resolution to the crimes committed.
- Canada must not render any aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory.
Additional Sources
INTERNATIONAL COURT OF JUSTICE Press Release: Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem https://www.icj-cij.org/sites/default/files/case-related/186/186-20240719-pre-01-00-en.pdf
INTERNATIONAL COURT OF JUSTICE Summary: Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem
Summary of the Advisory Opinion of 19 July 2024 https://www.icj-cij.org/sites/default/files/case-related/186/186-20240719-sum-01-00-en.pdf
Justice For All Canada is a UN-consultative nonprofit conducting evidence-based policy research and genocide prevention advocacy to UN and government officials.