The Canadian Peace Congress applauds South Africa for its
bold effort to bring Israel to the International Court of Justice
at The Hague and salutes the numerous countries who have
supported South Africa’s important legal case, along with
millions of people in the streets from every corner of the
world protesting the ongoing genocide of the heroic
Palestinian people.
This court action underlines in clear legal language, the
horrific crimes being committed by Israel with the full backing
of US, EU and Canadian imperialism. These imperialist
powers have explicitly or silently supported Israel’s false
claim that it was acting in “self defence”. Canada, to its
disgrace, made a shameful attempt at a “neutral” position
stating “Canada’s unwavering support for international law
and the ICJ does not mean we accept the premise of the case
brought by South Africa.”
On December 29, 2023 the government of South Africa filed
an application instituting proceedings before the International
Court of Justice against Israel for violations of the Genocide
Convention committed in its on-going military assault on the
Palestinian people located in the enclave of Gaza. As a
preliminary matter South Africa asked for an urgent hearing
on their request for provisional measures to be imposed on
Israel to, among other things, stop its genocidal attacks.
According to the Application, “acts and omissions by Israel …
are genocidal in character, as they are committed with the
requisite specific intent … to destroy Palestinians in Gaza as
a part of the broader Palestinian national, racial and ethnical
group” and that “the conduct of Israel — through its State
organs, State agents, and other persons and entities acting
on its instructions or under its direction, control or influence
— in relation to Palestinians in Gaza, is in violation of its
obligations under the Genocide Convention”.
South Africa further states that “Israel, since 7 October 2023
in particular, has failed to prevent genocide and has failed to
prosecute the direct and public incitement to genocide” and
that “Israel has engaged in, is engaging in and risks further
engaging in genocidal acts against the Palestinian people in
Gaza” and seeks the Court’s jurisdiction on Article 36,
paragraph 1, of the Statute of the Court and on Article IX of
the Genocide Convention, to which both South Africa and
Israel are parties.
The Application also contains a Request for the indication of
provisional measures, pursuant to Article 41 of the Statute of
the Court and Articles 73, 74 and 75 of the Rules of Court,
and requests the Court to indicate provisional measures in
order to “protect against further, severe and irreparable harm
to the rights of the Palestinian people under the Genocide
Convention” and “to ensure Israel’s compliance with its
obligations under the Genocide Convention not to engage in
genocide, and to prevent and to punish genocide.”
South Africa set out in detail the compelling evidence that
Israel, through its actions and the statements of government
officials publicly expressed numerous times has committed,
continues to commit and has expressed the intention to
commit, genocide against the Palestinian people.
Lawyers for Israel provided no evidence to support their
position, instead relying on rhetoric about the persecution of
Jews in Europe by the Nazi regimes before and during WWII,
implicitly stating that Israel cannot be judged for its actions
today because of crimes committed against Jews in the past.
The British barrister acting as counsel to Israel began his
argument by stating a lie — that the Hamas military attack on
Israel’s military forces on October 7, 2023 was an “an attack
on the sovereign territory of Israel.” This attack was a
response to a continuing series of acts of aggression and
conquest by Israel against the Palestinian people, and took
place against “occupation” forces located on Palestinian
territory illegally occupied since 1967.
An occupying force has no right of self-defence against
legitimate attacks by forces resisting the occupation under
international law. Israel’s only legal option was to withdraw its
occupation forces. Instead, it attacked the resistance forces
and the civilians of Gaza in a genocidal campaign.
The decision of the ICJ on South Africa’s request for
provisional measures now pending is uncertain. More often
than not, the ICJ has accepted the Western narrative of
events and positions in the conflicts concerned. Further, the
ICJ has no way to enforce its decisions except by enlisting
the assistance of the Security Council, in which allies of Israel
often use their veto powers to prevent any enforcement of an
order made against Israel.
Like with every other UN resolution dating back decades, the
fascist Netanyahu has already stated that Israel’s genocidal
war on Palestine will continue no matter what the court
decides. What will Canada do in this case?
By providing weapons and support, the US, UK, EU and
Canada make themselves parties to the crime of genocide.
These imperialist powers are totally complicit with Zionist
aggression and everyone knows it.
Regardless of the ruling, there is no doubt that South Africa’s
legal action has drawn the world’s attention to the terrible
crimes inflicted on the people of Palestine by Israel.
International support for South Africa is overwhelming while
Apartheid Israel is becoming more isolated by the day.
The World Peace Council and the Canadian Peace Congress
have a long history of solidarity with those opposing apartheid
dating back to the struggle in South Africa. Today, the
Canadian Peace Congress reiterates its position in relation to
Israeli apartheid and total support for South Africa at the
International Court of Justice.
RESISTANCE IS JUSTIFIED WHEN PEOPLE ARE OCCUPIED!
STOP THE ZIONIST GENOCIDE AND OCCUPATION OF PALESTINE NOW!