7 Ways that Canada Must Support the ICJ Decision on Israel
Earlier this month, the International Court of Justice (ICJ) finally concluded that Israel’s occupation of Palestine is illegal and must end immediately. This was a massive ruling from the world’s top court that affirmed what Palestinians, UN experts, and human rights groups have been saying for decades. But what does it mean for Canada?
Last week, CJPME sent a letter to Prime Minister Trudeau, urging him to take 7 concrete steps to align Canadian policy with international law as outlined in the ICJ advisory opinion. Below, we will outline these steps and answer several other key questions.
For the full analysis, read CJPME’s letter here, or listen here to our Palestine Debrief podcast episode with former UN Special Rapporteur Michael Lynk. Stay tuned for further actions as we continue to pressure Canada to uphold international law.
Is this related to the ICJ’s genocide case against Israel?
No, the ICJ’s Advisory Opinion is unrelated to the ongoing genocide case probing Israel’s actions in Gaza, which was initiated by South Africa in December 2023. Instead, the origins of the ICJ’s Advisory Opinion date back to Fall 2022, when the United Nations asked the ICJ to give its opinion on the legal implications of Israel’s prolonged occupation, settlement activities, and annexation of Palestinian territory. In other words, the ICJ was asked to provide an answer to the question: Given Israel’s illegal actions, is the occupation itself illegal?
What did the ICJ conclude?
The ICJ determined that Israel’s continued presence in the occupied Palestinian territory (OPT) is unlawful, and that Israel is obliged to end its illegal presence “as rapidly as possible.” This includes the West Bank, East Jerusalem, and Gaza.
The ICJ also determined that:
- Israel’s actions amount to the annexation of large parts of the OPT;
- Israel is committing apartheid against Palestinians in the OPT;
- Israel is obliged to provide full reparation for the damage caused, including through the return of land and property, the evacuation of all settlers, and allowing displaced Palestinians to return to their homes;
- All states, including Canada, are obliged “not to render aid or assistance” in maintaining Israel’s illegal occupation, including through trade or investment relations.
How has Canada responded so far?
To date, Canada has only said that Israel should “respond substantively to the ICJ’s advisory opinion,” and called for a reversal of settlement expansion. This is small progress, as Canada had voted against the original UN motion and tried to discourage the ICJ from taking this case in the first place. Nonetheless, it does not go nearly far enough.
How can Canada support the ICJ ruling?
1. Canada must support efforts by the UN to end Israel’s illegal presence in the OPT
The ICJ urged the United Nations to “consider what further action is required to put an end to the illegal presence of Israel” in the OPT. It further said that all states (including Canada) must cooperate with these efforts.
Canada is therefore obliged to assist the UN in bringing an end to Israel’s illegal occupation. As such, Canada should support all initiatives that affirm the ICJ opinion and seek Israel’s compliance, including co-sponsoring and voting in support of UN resolutions. Canada must also urge the United States not to veto any resolutions that may come before the Security Council on this matter.
2. Canada must impose sanctions on Israel in response to its breach of the UN Charter
The ICJ concluded that Israel’s actions amount to the annexation of large parts of the OPT, and noted that this violates the Charter of the United Nations (which prohibits states from acquiring territory through force). This represents a major breach of a fundamental principle of international law.
When Russia attempted to annex parts of Ukraine, Canada loudly and forcefully condemned these actions as a violation of the UN Charter, and then backed up its words with a comprehensive set of sanctions targeting Russian politicians and businesses. Following this standard, Canada should impose sanctions on Israel under the Special Economic Measures Act, targeting government and military officials as well as individuals and entities tied to Israel’s illegal presence in the OPT.
3. Canada must cancel the Canada-Israel Free Trade Agreement and ban trade with Israeli settlements
The ICJ concluded that all states, including Canada, have an obligation to structure their economic relations with Israel so that they do not contribute to its illegal presence in the OPT. For example, the ICJ found that states are obliged to:
- “abstain from entering into economic or trade dealings with Israel concerning the [OPT] or parts thereof which may entrench its unlawful presence in the territory”;
- “take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the [OPT]”; and
- “not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the [OPT].”
Unfortunately, Canada is already violating these obligations through the Canada-Israel Free Trade Agreement (CIFTA), which extends free trade benefits to the entire territory under Israeli control, thus providing a direct material benefit to help Israel maintain its settlements and occupation. To comply with its obligations, Canada must cancel CIFTA and prohibit all trade in goods and services with Israel’s settlements.
4. Canada must comprehensively address the issue of Israeli settlements
The ICJ Advisory Opinion “reaffirms that the Israeli settlements in the West Bank and East Jerusalem, and the régime associated with them, have been established and are being maintained in violation of international law.” This includes the illegal transfer of settlers into occupied territory, the exploitation of natural resources, the forcible transfer of Palestinians from their homes, and “Israel’s systematic failure to prevent or to punish attacks by settlers.”
The ICJ concluded that Israel is obliged to provide restitution for the damage caused, including the immediate “evacuation of all settlers from existing settlements” in the OPT.
CJPME has previously asked Prime Minister Trudeau to adopt a “Whole-of-Government Approach” to address Canadian complicity in the settlements, which are a war crime under Canadian law. We put forward a series of 19 recommendations across 7 ministerial portfolios, including imposing economic sanctions on the Israeli settlement economy under the Special Economic Measures Act, revoking the charitable status of organizations that transfer money to settlements, and prosecuting the promotion and sale of settlement properties. By enacting these recommendations, Canada could move significantly towards compliance with its obligations as outlined by the ICJ.
5. Canada must suspend all military trade and cooperation with Israel
The ICJ said that all states, including Canada, are obliged “not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the [OPT],” and must “take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the [OPT].”
There is no question that Canada’s military trade with Israel assists in the maintenance of Israel’s unlawful occupation. The export of weapons and military technology to Israel directly supports its military control over the OPT, while the import of Israeli weapons indirectly supports the occupation by sustaining the country’s defence industry and legitimizing its testing of new weaponry on Palestinians. To ensure that it is not rendering aid or assistance to Israel’s illegal military occupation of the OPT, Canada must impose a comprehensive two-way arms embargo under the Special Economic Measures Act.
6. Canada must terminate the Canada-Israel Strategic Partnership
The ICJ asserted that all states, including Canada, are obliged “not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the [OPT].”
Canada violates this obligation through the Canada-Israel Strategic Partnership, which commits Canada to collaborate with many different branches of the Israeli state that are actively involved in maintaining its illegal occupation, including the Israeli Ministry of Defence and the Israeli Ministry of National Security. Given that Israel’s role as an illegal occupying power is premised on its military control over the OPT, there is no question that Canadian collaboration with these ministries renders aid and assistance in maintaining Israel’s illegal presence. To comply with its obligations as outlined by the ICJ, Canada must immediately terminate the Canada-Israel Strategic Partnership by sending written notice to the Israeli government.
7. Canada must recognize the State of Palestine
Unsurprisingly, the ICJ found that Israel’s actions violated the right of the Palestinian people to self-determination. Most importantly, the ICJ expressed that “the existence of the Palestinian people’s right to self-determination cannot be subject to conditions on the part of the occupying Power, in view of its character as an inalienable right.”
No more excuses: Canada must recognize the State of Palestine immediately. The Advisory Opinion is clear that self-determination cannot be left indefinitely in a state of “suspension and uncertainty” or be conditioned on the demands of the illegal occupier. The rights of the Palestinian people as outlined by the ICJ cannot be bargained or negotiated away. Canada must recognize Palestine now, and work to realize the right of self-determination by ending Israel’s illegal presence in the OPT.
No comments:
Post a Comment