Trudeau does not support premise of South Africa’s genocide case against Israel

A small group of activists rallied outside the courthouse in Nanaimo on Thursday, Jan. 11 in support of South Africa’s case against Israel at the International Court of Justice claiming it is committing genocide against Palestinians in Gaza. Photo: Lauryn Mackenzie / CHLY 101.7FM

This week was the start of hearings at the International Court of Justice (ICJ) as South Africa alleged that the state of Israel is violating the Genocide Convention during its military operations in the occupied Gaza strip.

Prime Minister Justin Trudeau told reporters on Friday that Canada supports the International Court of Justice, but does not agree with the premise of South Africa’s genocide case against Israel.

“Our wholehearted support of the ICJ and its processes does not mean that we support the premise of the case brought forward by South Africa,” he said.

In Nanaimo, a small group of pro-Palestinian activists rallied outside the courthouse on Front Street in solidarity with South Africa’s case on Thursday, January 12..

Sara Kishawi is originally from Gaza and was an organizer of the rally.

“The Canadian government needs to fully support South Africa's case at the International Court of Justice,” she said. “Israel has been committing genocide for the four months, and for 75 years before that. It's been a genocide against the Palestinians in Gaza. They have cut off the water, the food, the electricity, so they have been breaking international law killing Palestinians and Canada needs to acknowledge that.”

Lawyer Tembeka Ngcukaitobi presented South Africa’s opening argument on why the court should intervene in Gaza under the Genocide Convention.

“Israel has a genocidal intent against the Palestinians in Gaza,” he told the court. “That is evident from the way in which Israel's military attack is being conducted.”

Ngcukaitobi continued that the Israeli forces have “systematically decimated” one per cent Gaza’s population and injured one out of four people in the Gaza Strip.

“There is also the clear pattern of conduct, the targeting of family homes and civilian infrastructure, laying waste to vast areas of Gaza, and the bombing, shelling and sniping of men, women and children where they stand the destruction of their health, infrastructure and lack of access to humanitarian assistance.”

Tal Becker, the legal adviser of the Israeli Ministry of Foreign Affairs, mounted Israel’s defence against allegations of genocide.

“The Genocide Convention was a solemn promise made to the Jewish people, and to all peoples, of never again,” he told the court. “The applicant, in effect, invites the court to betray that promise. If the term genocide can be so diminished in the way that it advocates, if provisional measures can be triggered in the way that it suggests, that convention becomes an aggressors’ charter. It will reward, indeed encourage, the terrorists who hide behind civilians at the expense of the states seeking to defend against them.”

Angie Calhoun was also at the rally in Nanaimo.

“If you look at the history here in Turtle Island with the genocide, colonization, discrimination, putting indigenous people on reserves, criminalizing our land defenders, even now with ongoing genocide of our missing and murdered indigenous women, I think it's important that we show solidarity with Palestinians because we both have shared similar experiences,” she said.

In a press release the Court said its decision will be delivered at a public sitting at a future date.

With files from CHLY reporter Lauryn Mackenzie.

Funding Note: This story was produced with funding support from the Local Journalism Initiative, administered by the Community Radio Fund of Canada.