Canada's Absence from ICJ Hearings is a Blow to Palestinian Justice
February 20th, 2024
Justice For All Canada expresses deep concern over the Canadian government’s withdrawal from submitting oral arguments at the International Court of Justice (ICJ) regarding Israel's prolonged occupation, annexation, and settlement in Palestinian territories. Amid increasing illegal settlements and settler violence, Canada’s decision not to participate in these hearings obstructs accountability for Israeli’s actions and sends a chilling message about its non-commitment to upholding international humanitarian law.
Canada claims that its written submissions for this case (originally submitted in July 2023, before the current crisis) are sufficient, and therefore it is not required to amend them or participate in the oral hearings. However Canada’s written submissions themselves are problematic.
In its written submissions, Canada outlines that it originally voted against the United Nations General Assembly (UNGA) resolution requesting this advisory opinion from the Court. Now that the resolution from the UNGA passed, however, Canada is requesting that the Court exercise its discretion not to even respond due to: (1) lack of consent of jurisdiction of the court by Israel, and (2) Canada claims the United Nations Security Council (UNSC) is the best body to resolve the dispute. Canada’s arguments are flawed however as they neglect the fact that this case is beyond a bilateral dispute, but rather is about international peace and security and is closely related to the responsibilities of the UNGA. This was reflected by the vast majority of written statements submitted by other countries. Moreover, Canada also does not explain how its position can be reconciled with the ICJ’s long-standing jurisprudence, especially the ICJ’s similar advisory opinion issued in 2004 which found that a barrier built by Israel in occupied Palestinian territories violated international law and should be taken down. Finally, Canada’s written arguments ignore the barriers to UNSC resolutions for peace, as the US has vetoed three ceasefire resolutions since October 7th.
“This shocking betrayal of Palestinians erodes the credibility of Canada's stance on promoting human rights, and diminishes its role as a leader on the world stage,” said Taha Ghayyur, Executive Director of Justice For All Canada.
Canada's decision not to participate fosters a culture of impunity, empowers perpetrators, and normalizes violations of international law, despite Canada's role as a leading defender for persecuted populations.
As alluded to above, today the US vetoed a UNSC resolution urging an immediate ceasefire for the third time, which adds another layer of concern. With the majority of UN Security Council members voting in favour of the resolution, the US's veto impedes the international community's efforts to address the humanitarian crisis unfolding in Gaza. Such inconsistency and non-action when it comes to Palestine will inevitably lead to more killings and heightened suffering among Palestinian civilians.
In addition, a new UN report highlights alarming gendered violence against Palestinian women and girls in Gaza and the West Bank since the onset of Israel's attack on Gaza in October 2023. The UN Office of the High Commissioner for Human Rights has received disturbing accounts of arbitrary executions of Palestinian women and girls, including children. These civilians were targeted and killed while seeking refuge or fleeing. Additionally, there are deeply troubling reports of Palestinian women and girls being subjected to inhumane and degrading treatment, forcible transfer, as well as sexual assault and rape by Israeli army officers while in detention. Canada's active participation in the ICJ proceedings would have been imperative to ensure justice and reconciliation for these egregious crimes.
February 20th marks World Day of Social Justice. The above-mentioned developments however are yet another reminder of the work cut out for us as we advocate to establish justice. We implore the Canadian government to reassess its stance and engage robustly with ongoing ICJ proceedings, which have already found that Israel is committing a plausible genocide. Canada must: 1) support South Africa’s cause charging Israel with genocide, and 2) revise its position and challenge Israel's illegal occupation of Palestinian territories in this new ICJ advisory case, especially in light of the ongoing humanitarian crisis and escalating human rights violations.
Justice For All Canada expresses deep concern over the Canadian government’s withdrawal from submitting oral arguments at the International Court of Justice (ICJ) regarding Israel's prolonged occupation, annexation, and settlement in Palestinian territories. Amid increasing illegal settlements and settler violence, Canada’s decision not to participate in these hearings obstructs accountability for Israeli’s actions and sends a chilling message about its non-commitment to upholding international humanitarian law.
Canada claims that its written submissions for this case (originally submitted in July 2023, before the current crisis) are sufficient, and therefore it is not required to amend them or participate in the oral hearings. However Canada’s written submissions themselves are problematic.
In its written submissions, Canada outlines that it originally voted against the United Nations General Assembly (UNGA) resolution requesting this advisory opinion from the Court. Now that the resolution from the UNGA passed, however, Canada is requesting that the Court exercise its discretion not to even respond due to: (1) lack of consent of jurisdiction of the court by Israel, and (2) Canada claims the United Nations Security Council (UNSC) is the best body to resolve the dispute. Canada’s arguments are flawed however as they neglect the fact that this case is beyond a bilateral dispute, but rather is about international peace and security and is closely related to the responsibilities of the UNGA. This was reflected by the vast majority of written statements submitted by other countries. Moreover, Canada also does not explain how its position can be reconciled with the ICJ’s long-standing jurisprudence, especially the ICJ’s similar advisory opinion issued in 2004 which found that a barrier built by Israel in occupied Palestinian territories violated international law and should be taken down. Finally, Canada’s written arguments ignore the barriers to UNSC resolutions for peace, as the US has vetoed three ceasefire resolutions since October 7th.
“This shocking betrayal of Palestinians erodes the credibility of Canada's stance on promoting human rights, and diminishes its role as a leader on the world stage,” said Taha Ghayyur, Executive Director of Justice For All Canada.
Canada's decision not to participate fosters a culture of impunity, empowers perpetrators, and normalizes violations of international law, despite Canada's role as a leading defender for persecuted populations.
As alluded to above, today the US vetoed a UNSC resolution urging an immediate ceasefire for the third time, which adds another layer of concern. With the majority of UN Security Council members voting in favour of the resolution, the US's veto impedes the international community's efforts to address the humanitarian crisis unfolding in Gaza. Such inconsistency and non-action when it comes to Palestine will inevitably lead to more killings and heightened suffering among Palestinian civilians.
In addition, a new UN report highlights alarming gendered violence against Palestinian women and girls in Gaza and the West Bank since the onset of Israel's attack on Gaza in October 2023. The UN Office of the High Commissioner for Human Rights has received disturbing accounts of arbitrary executions of Palestinian women and girls, including children. These civilians were targeted and killed while seeking refuge or fleeing. Additionally, there are deeply troubling reports of Palestinian women and girls being subjected to inhumane and degrading treatment, forcible transfer, as well as sexual assault and rape by Israeli army officers while in detention. Canada's active participation in the ICJ proceedings would have been imperative to ensure justice and reconciliation for these egregious crimes.
February 20th marks World Day of Social Justice. The above-mentioned developments however are yet another reminder of the work cut out for us as we advocate to establish justice. We implore the Canadian government to reassess its stance and engage robustly with ongoing ICJ proceedings, which have already found that Israel is committing a plausible genocide. Canada must: 1) support South Africa’s cause charging Israel with genocide, and 2) revise its position and challenge Israel's illegal occupation of Palestinian territories in this new ICJ advisory case, especially in light of the ongoing humanitarian crisis and escalating human rights violations.