Feds Say Backing of UN Court Doesn’t Mean Supporting the Genocide Charge Against Israel

South Africa has initiated proceedings at the International Court of Justice accusing Israel’s military campaign in the Gaza Strip as genocidal.

Prime Minister Justin Trudeau rises during question period in the House of Commons on Parliament Hill in Ottawa on Dec. 6, 2023. The Canadian Press/Sean Kilpatrick

The Liberal government says it has “unwavering” support for the International Court of Justice (ICJ), but that doesn’t mean it accepts the premise of South Africa’s genocide accusation against Israel.

On Jan. 11, South Africa initiated a proceeding at the UN’s highest court, the ICJ, contending that Israel’s attacks on Gaza and the blockade against Palestinian residents there possess characteristics of genocide.

Minister of Foreign Affairs Mélanie Joly issued a statement Jan. 12 concerning the Canadian government’s official position on South Africa’s charges.

“Canada’s unwavering support for international law and the ICJ does not mean we accept the premise of the case brought by South Africa,” she said.

“We will follow the proceedings of South Africa’s case at the International Court of Justice very closely. Under the UN’s 1948 Genocide Convention, the crime of genocide requires the intention to destroy or partly destroy a group because of their nationality, ethnicity, race or religion. Meeting this high threshold requires compelling evidence.”

Prime Minister Justin Trudeau said at a Jan. 12 press conference in Guelph, Ont., press conference that while his administration values the ICJ as a significant entity for upholding international law, this does not imply an endorsement of the allegations of genocide lodged by South Africa 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. We will continue to follow closely,” he said.

Conservative Leader Pierre Poilievre has criticized Mr. Trudeau for what he has described as inconsistent messaging regarding Israel and called the Palestinian terrorist group Hamas “genocidal.”

“We don’t even need to accuse Hamas [of genocide] because they admit that they are a genocidal enterprise,” he said.

The Liberal caucus has been divided on the issue, with some MPs asking for a ceasefire, while others say Israel has a right to defend itself. Ahead of the Jan. 12 announcement by the Trudeau government, Liberal MP Salma Zahid said Canada should support South Africa’s declaration of genocide by Israel, while Liberal MPs Anthony Housefather and Marco Mendicino opposed the assertion.

Israel has called the charge of genocide “absurd” and accused South Africa of playing “advocate of the devil” for Hamas. A spokesperson for the Israeli government said ahead of the hearings that the country’s military action is directed at the Hamas terrorist group, and that it remains committed to international law.

Post-apartheid South Africa has been a defender of the Palestinian cause. The country’s filing against Israel at the court cites the sustained bombing campaign in Gaza and failure to provide food and essential humanitarian assistance to Gaza.

Israel and Hamas have been at war since Oct. 7, when Hamas attacked Israel, killing over 1,200 Israelis and taking over 200 hostages.

Reuters contributed to this report.