Ruling by World Court means Canada and the U.S. could be complicit in Gaza Genocide. But we must reject the politics of deliberate indifference to atrocity currently on display in the Canadian government’s reactions to the ICJ ruling.
Photo submitted by Behar Abbasi, RINJ Woman humanitarian in Gaza, art by Rosa Yamamoto / Feminine-Perspective-Magazine
Article by Heidi Matthews, York University, Canada; Faisal A. Bhabha, York University, Canada, and Mohammad Fadel, University of Toronto
The International Court of Justice (ICJ) issued a ground-breaking decision in South Africa’s genocide case against Israel, ordering Israel to comply with six provisional measures to safeguard the right of Palestinians in Gaza to be protected from genocidal violence.
The court’s order is binding on Israel and formalizes the international legal obligations of other countries that are parties to the UN Genocide Convention.
Properly understood, the order should dramatically alter both the foreign and domestic policy decisions of Israel’s allies, including Canada and the United States.
Israel and its allies cannot dismiss or minimize the importance of this decision. In granting interim relief, the court concluded that South Africa’s allegations of genocide are, at a minimum, legally and factually plausible.
Other countries must act
Crucially, the court expressly concluded, by an overwhelming majority, that Palestinians in Gaza face a “real and imminent risk” of genocide. This puts other countries on notice that they have an international legal duty to take steps to prevent genocide in Gaza in accordance with the court’s order.
As the court stated in a 2007 ruling when Bosnia accused Serbia of genocide, countries that are parties to the Genocide Convention have an obligation to prevent and a corresponding duty to act “the instant that the state learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed.”
Both Canada and the U.S. have construed the court’s decision narrowly, suggesting it merely reiterates Israel’s right of self defence and obligation to comply with international humanitarian law.
This is a legally indefensible reading of the court’s ruling.
U.S. President Joe Biden’s administration says it believes the court’s decision is consistent with existing American policy on Israel and that it continues to view South Africa’s case as “meritless.”
Like most criminals accused of crimes, Canada and the USA are diademing themselves and condemning the South African prosecutors and the International Court of Justice. Justifying genocide in the name of self defence is forbidden in international law.
Additional reading:
- Canada and America’s unshakeable support for Gaza Genocide.
- America seals its complicity in Gaza Genocide: World Opinion
- If America blocks Ceasefire at UNSC, there will be open war. Of that, CSO women are certain.
- Magic bomb hides child bodies. Either America lied or it was fooled by Netanyahu.
- On Nov. 20, World Childrens Day, cowardly Americans and Israelis kill babies, mothers
- American politicians profit from killing Palestinians in clear cut Genocide
- Americans are averaging 248 dead Gaza kids daily, and many more missing, says Gaza doctor
- Gaza updates. Health care in Gaza has collapsed. Americans released from Gaza
- Justifying genocide in the name of self defence is forbidden in law
Canadian Foreign Affairs Minister Mélanie Joly reiterated that Canada’s “support for the ICJ does not mean that we accept the premise of the case.” But again, justifying genocide in the name of self defence is forbidden in international law, say RINJ Women.
Statements of political support by the U.S. and Canada that Israel is abiding by the laws of war — contrary to the facts — cannot shield Israel or its allies from their legal obligations under the Genocide Convention. Those obligations — including to prevent genocide — are created via treaty and are interpreted by courts, the highest of which is the International Court of Justice.
The obligation to prevent genocide, combined with the court’s finding of a ‘serious risk of genocide’, means that all parties to the Genocide Convention must refrain from taking steps that would actively frustrate the effective implementation of the court’s order.
Canada in violation of its obligations
As South Africa stated, “the ICJ has determined that Israel’s actions in Gaza are plausibly genocidal and has indicated provisional measures on that basis.”
Among other measures, the court directed Israel to “take all measures within its power to prevent the commission” of acts of genocide, to prevent and punish incitement to genocide and to “enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.”
The court emphasized evidence from the World Health Organization indicating that “93 per cent of the population in Gaza is facing crisis levels of hunger” and “that maternal and newborn death rates are expected to increase due to the lack of access to medical care.”
(AP Photo/Patrick Post)
But just hours after the court’s ruling, the U.S. announced it was suspending funding for the United Nations Relief and Works Agency for Palestine Refugees in the Near East.
The funding cuts came after Israeli allegations that 12 UNRWA employees had participated in the Oct. 7, 2023 attack by Hamas against Israel. UNRWA has terminated the accused employees and launched an investigation.
The U.S. is the biggest financial contributor to UNRWA. Several other key donor countries, including Canada, quickly followed suit.
UNRWA is the largest aid provider in Gaza and a trusted lifeline to civilians in the territory. Even if the allegations are true, defunding the entire organization openly defies the court’s order and amounts to collective punishment of the civilian population in Gaza.
Disturbingly, moves to defund UNRWA appear to help implement Israeli government plans to undermine the organization’s capacity to deliver aid to Palestinians in Gaza. Earlier this month, policy experts told the Knesset that UNRWA “must be dismantled and thrown in the dustbin of history” and that “no country that is a friend of Israel should provide them any money.”
The ICJ found that “the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further,” plausibly inflicting conditions of life calculated to bring about the physical destruction of Palestinians in Gaza.
Accordingly, any country’s action knowingly contributing to further deterioration would violate the obligation to prevent genocide and could amount to complicity in genocide.
Canada must halt arms sales to Israel
The court’s provisional measures also impact Canada’s compliance with its own laws on military exports.
In 2022, Canada sent more than $21 million worth of military exports to Israel. The Export and Import Permits Act forbids arms permits to be issued if there’s a “substantial risk” that the goods could be used to commit or facilitate serious violations of international humanitarian or human rights law.
Because the ICJ found a serious risk of genocide in Gaza, continuing to export arms to Israel would be illegal. It would also be flagrantly inconsistent with Canada’s obligation to prevent genocide and could expose Canada and Canadian officials to liability for participation in genocide.
We must reject the politics of deliberate indifference to atrocity currently on display in the Canadian government’s reactions to the ICJ ruling.
Genocide Article by Heidi Matthews, York University, Canada; Faisal A. Bhabha, York University, Canada, and Mohammad Fadel, University of Toronto
This article is republished from The Conversation under a Creative Commons license. Read the original article.
Background Gaza Genocide:
- Be silent when kids sleep, not when kids are murdered.
- Biden, Trudeau, Netanyahu, Macron, Sunak, von der Leyen, Austin, Blinken, Kishida officially accused of Genocide
- A plea to the UN Members to help evacuate families from the Palestine – Israeli War Zone
- RINJ Foundation Endorses South African case of Genocide against Israel
- Response to the threats from the Netanyahu Re-Election Campaign
- RINJ Women declare principled stand against Gaza Genocide
7 October Political Propaganda disrespects real Israeli victims/survivors - Truths about Israel and Gaza Americans do not want to hearFreedom loving families march for Gaza Ceasefire and Peace
Feminine-Perspective on Gaza Genocide 2024
- January – 2024
- Court of Justice Favours South African Case of Genocide against Israel
- Famine and disease rule the lives of Palestinians in Gaza
- Gaza Genocide has left broken families, broken hearts and anger
- Shero of 2022-2023 is posthumously a Voice Of Truth movement
- Houthis block Israel, USA, UK, Canada, Gaza-Genocide weapons. But USA bombing Yemen is SICK
- It is unhealthy for humans to tolerate countries supporting genocide
- Namibia issues profound statement condemning Berlin commitment to genocide.
- Al-Aqsa Hospital, a crucial Gaza medical facility is 100% down
- WCNSF. World Court Peace Palace saw the blood of women and kids in Gaza today
- Biden orders X remove journos reporting on Genocide as RINJ Women endorse SA Genocide Case
- Abhorrent lies of Biden to justify killing 10k kids to kill 8k Hamas
- Biden, Austin, Blinken waste time to buy time for Netanyahu. Editorial
- Yes, Kirby. This is Genocide. Women, children in Gaza crawl into tight spots and die of starvation
- Netanyahu says Gaza Genocide to continue. Jail him says South Africa, Türkiye
Feminine-Perspective on Gaza Genocide 2023
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- USA sneaks more artillery shells into Israel as Genocide case goes to World Court
- Israeli/USA plan is kill as many Gazans as possible by March
- Christmas in Gaza became a hell mankind must not ignore. More kids and pregnant moms killed.
- UNSC Resolution nastiest Foxtrot Uniform in UN History. Editorial
- Today Nurse Aisha delivered a Gaza baby from the womb of a starving mother in Rafah.
- RINJ Women say Hamas guilty of complicity in Genocide
- Red Sea needs West to stop killing Palestinians not 3rd USA war.
- USA Guardian of oppression and apartheid starts 3rd war
- America’s unshakeable support for Gaza Genocide.
- Why does Netanyahu prolong war? We will kill everyone, he says.
- Biden still an accused criminal. Smoke and Mirrors show feigning sympathy failed
- Biden backtalks Gaza Genocide but USA bombs pour into Israel. IDF lines up women. Executes them.
- Biden cracks jokes about global disapproval as UNGA tells him, Go to Hell
- Two million people in Gaza share a catastrophic, hopeless mess as Biden lies his ass off
- Global medical authorities comment on the Gaza Genocide
- 1.32 million Palestinians, Israelis, will die in Gaza by March unless genocide stopped
- America seals its complicity in Gaza Genocide: World Opinion
- USA issues a death sentence to 2M people plus humanitarians in Gaza. Trashes UNSC.
- If America blocks Ceasefire at UNSC, there will be war. Of that, CSO women are certain.
- USA fakes humanitarianism as it slaughters Gaza children, moms, displacing population. UN Reacts!
- USA spends more on Ukraine than maintaining its roads, bridges
- UN Security Council is complicit in immoral genocide. This is a warning to them.
- Gaza Genocide with impunity trashed world rule of law. Tells people, kill or be killed.
- Hamas is a Salafist Jihadist movement, not a single defined entity. Bombs do not kill ideology.
- Magic bomb hides child bodies. Either America lied or it was fooled by Netanyahu.
- Netanyahu media claim is that Rape of Israeli women justifies Gaza Genocide
- Both Hamas and Israeli combatants must release their hostages – Analysis
- November – 2023
- Permanent ceasefire from Jordan River to the Mediterranean is urged by Civil Society
- Children need escalation, evacuation from Gaza to better care
- Israel slaughters children in UN School leading up to temp truce
- CSO RINJ Women prepared a case for prosecuting Gaza crimes
- On Nov. 20, World Childrens Day, cowardly Americans and Israelis kill babies, mothers
- Israel, USA take armed siege of Gaza Hospital. Kill over 51 ICU pts and 4 infants. Expel thousands now
- American politicians profit from killing Palestinians in clear cut Genocide
- Provoking wider war, USA assertion Hamas attack justifies killing kids, moms, is a crime of itself.
- Emergency! The world has a serious emergency.
- Joe Biden now historical Gaza baby killer. U.S. values gone? Editorial Comment
- Biden up to his chin in Gaza blood, Macron illegally seeking part of the action, usurping Sunak
- Americans are averaging 248 dead Gaza kids daily, and many more missing, says Gaza doctor
- Would someone please explain to Blinken what CEASEFIRE means asks U.S. Human rights advocate
- Israel must be dismantled, top down. Israelis, rise up. In-Depth
- Canadian policy on Canada in Gaza has world furious. Israel not Hamas built a normalcy of atrocity
- Israel conducts terrorist attacks on ambulance convoy and three hospitals
- Gaza updates. Health care in Gaza has collapsed. Americans released from Gaza
- World shocked as Palestinian Jabalia Refugee Camp obliterated
- October – 2023
- Israel is like Iran, slaughtering women and our babies. Women take to the streets.
- Does anybody have the guts to stop the Gaza femicide and infanticide?
- Women, Children dead and dying in the dark streets of Gaza.
- 5M Palestinians have no home. Global Women CSO offer remedy
- Justifying genocide in the name of self defence is forbidden in law
- Butchers of Gaza deny the reported numbers of their carnage
- Israel targets and kills family of al Jazeera Journo
- Queen Rania on The butchers of Gaza
- Netanyahu, Biden, Butchers of Gaza, 110k casualties mostly women and kids.
- Israel, USA, UK have blood of Gaza women, kids on their hands
- Runaway Genocidal Vengeance, collective punishment of Palestinians for Hamas crimes led by lunatics
- RINJ Women Ask Hamas to Release Hostages
- Cairo Summit 2023 discusses war against the people of Gaza
- Netanyahu gives Sunak and Biden the bird
- Three women medical workers inside Gaza speak out. Video.
- Urging world leaders to demand a ceasefire in Gaza!
- Sunak joins Biden green light to Gaza Genocide as Hospitals shutdown, civilian bombings continue
- Genocide Joe and FinalSolution Bibi continue Gaza Genocide
- al-Ahli Arab National Hospital Bombed in Gaza, over 1500 casualties.
- Add Japan, France to the list of Gaza Genocide abetters
- Data indicate conclusive evidence of intended ethnic cleansing and Gaza Genocide
- Editorial: Was Hamas attack hijacked to create a political pretext? Too many lies.
- No water or food left in Gaza. Death toll above 2,400
- Biden, Netanyahu, Sunak, Austin, Blinken accused of Genocide
- Israel orders evacuation of North Gaza then attacks and kills evacuees, journos too
- Women NGO in Gaza suggest Palestinians follow Israeli/USA instructions, leave north Gaza to south Gaza
- Gaza crisis updates, Oct 12. Israel knew in advance about the Hamas attack
- Israel and USA prepare ground assault into Gaza as UN Sec Gen releases statement
- Analysis: Is it a psychosis when military occupiers of Palestine commit genocide assuming impunity?
- Editorial: Do not let feelings confuse Palestinians with Hamas
- Savagery of 7 Oct. is desperation from an open air prison
- American media just makes the Israeli Palestine war more gross
- Women CSO seek ships to evacuate innocents from Israel / Gaza
- Help needed. Get the boats to Gaza and get all civilians out.
- Palestine D-Day to end Occupation was inspired by Gaza girl Israel killed in May 2021
- America interferes in Israel-Gaza war in favour of Apartheid
- Israel Declares war on Palestine Occupied Territories
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