Reacting for the first time to the recognition of the illegality of Israeli settlements in the West Bank by a UN tribunal, Canada is urging Israel to respond and crack down on “acts of violence committed by extremist settlers against Palestinians.”
It was through a joint statement with two other countries, Australia and New Zealand, that the Trudeau government announced Friday that it accepts the decision of the International Court of Justice (ICJ), a week after its publication.
“We call on Israel to respond substantively to the advisory opinion of the International Court of Justice, to account for the violence committed by extremist settlers against Palestinians, to reverse the record expansion of settlements in the West Bank, which are illegal under international law, and to work towards a two-state solution,” the lengthy statement reads at the heart of the statement.
This is the second time that the Trudeau government has chosen to surround itself with Australia and New Zealand to share a common position on the Israeli-Palestinian question. In December, it was with these same countries that Canada clarified its request for a “lasting ceasefire” in the Gaza Strip, a call that was relaunched on Friday.
Last Friday, the ICJ issued a non-binding legal opinion that declared Israel’s continued presence in the Palestinian territories since 1967 illegal and called for an end to its occupation “as soon as possible.” It was asked to rule on this issue by the UN General Assembly.
Late reaction
“It was about time,” says Fannie Lafontaine, holder of the Canada Research Chair in International Criminal Justice and Human Rights at Université Laval, on the other end of the line. She describes Canada’s reaction as “modest” and a little late.
“This once again reveals Canada’s hesitation to take a position” in the Israeli-Palestinian conflict, she analyzes. According to her reading of the ICJ opinion, justice is asking member countries, like Canada, to go even further. The country should, for example, cut short trade relations that encourage Israel’s violations of international law.
“We accept the court’s decision, that’s something!” congratulates Louise Blais, who was Canada’s deputy permanent representative to the United Nations from 2017 to 2021. She believes that presenting a joint statement with allied countries has the advantage of giving more weight to the position. For example, the statement was reported in the media in Israel.
“I don’t think it will convince Muslim countries that Canada is the greatest defender of the Palestinians on the planet,” adds the diplomat in residence at Laval University, who recalls that Canada was until recently one of Israel’s most loyal allies at the UN.
The country has, however, evolved its position in the past year. For example, Canada abstained from voting on a UN resolution that called for Palestine to be included as a member of the organization, instead of opposing it. Prime Minister Justin Trudeau has repeated that he is in favour of a Palestinian state, as part of a “two-state” solution. He has also come out as a Zionist.
Moderation
Louise Blais notes that Friday’s statement simply asks Israel to “respond substantially” to the International Court of Justice’s opinion, when it could have used clearer or more categorical words. However, she believes it is normal that Canada’s change of direction is gradual. [En diplomatie]we never go from A to Z in one go.”
For its part, the Israeli government did not wait a week to reject the ICJ’s advisory opinion. Israeli Prime Minister Benjamin Netanyahu immediately railed against the court’s “false decision,” stating last Friday that “the Jews are not occupiers in their own land.” He visited Washington a few days later, during which he delivered a speech to the US Congress.
Canada began imposing sanctions this spring against a handful of Israeli settlers accused of undermining international security. But the Trudeau government has never formally committed to going so far as to handcuff Israel’s leaders if international justice demanded it.
Benjamin Netanyahu himself is the subject of an international arrest warrant request in a separate case and before a separate tribunal, the International Criminal Court (ICC), for which a judgment is awaited. The ICC prosecutor accuses him of war crimes and crimes against humanity, such as deliberately starving civilians.
Israel’s actions are under international scrutiny because of its military response in Gaza to a Hamas attack on its territory on October 7. Its military operation caused the deaths of tens of thousands of civilians and is considered disproportionate by most countries in the world.
The ICJ is the United Nations’ highest court. It has yet to deliver judgment in a separate case in which South Africa accuses Israel of committing genocide in the Gaza Strip.