Statement on the provisional measures in the ICJ case of South Africa vs Israel

The Legal Center for Palestine (LCP) welcomes the near-unanimous Order of the International Court of Justice (ICJ) for provisional measures in the case of South Africa vs. Israel. The Court’s decision represents a historic defeat for Israel as it confirmed the plausibility of South Africa’s charge under the Genocide Convention (the “Convention”) that “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza”.

The Court issued the following provisional measures directed at Israel:

1. Israel shall take all measures within its power to prevent the commission of genocidal acts within the scope of Article II of the Convention, in relation to Palestinians in Gaza and take all measures within its power to prevent the commission of such acts, including the killing of Palestinians in Gaza and deliberately inflicting conditions of life calculated to bring about their physical destruction in whole or in part

2. Israel shall ensure with immediate effect that its military does not commit genocidal acts

3. Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to Palestinians in Gaza

4. Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the humanitarian crisis in Gaza

5. Israel shall take effective measures to prevent the destruction of evidence related to allegations of genocidal acts against Palestinians in Gaza

6. Israel shall report to the Court within a month on all measures it has taken to enforce the provisional measures.

While the Court fell short of explicitly ordering an immediate and permanent ceasefire to stop the genocide, the Court’s order triggers the legal obligation on parties to the Convention, including Canada, to respect international law and bring an end to Israel’s ongoing genocide against Palestinians in Gaza. The LCP endorses Palestinian civil society’s call on states, corporations and institutions to end their complicity with Israel’s 75-year-old regime of settler colonialism, apartheid and military occupation and to hold them accountable for aiding and abetting war crimes, crimes against humanity, and, plausibly, genocide. In particular, we hold Canada accountable for contributing to Israel’s commission of internationally wrongful acts by knowingly supplying it with weapons or supporting Israel politically or diplomatically.

We therefore call on Canada to:

1. Reiterate its calls for an immediate ceasefire, which is the only way to implement the provisional measures ordered by the ICJ;

2. Respect the ICJ’s decision and immediately urge Israel to implement the provisional measures;

3. Impose an immediate arms embargo on Israel;

4. Impose lawful and proportionate economic sanctions and other countermeasures on Israel, including canceling all free-trade and cooperation agreements, until it adheres to its obligations under international law

5. Support the investigation of war crimes and the arrest and prosecution, including by applying Universal Jurisdiction, of Israeli nationals, including government officials, or persons present on their territory or within their jurisdiction, who have incited to genocide, supported genocide, or carried out genocidal acts against the Palestinian people

6. Pressure the International Criminal Court to encourage the Prosecutor to swiftly advance investigation into all war crimes, crimes against humanity and acts of genocide carried out by Israeli perpetrators against the Palestinian people, and to immediately and without further delay issue arrest warrants for the cases filed before the Court since 2014. Canada must also ensure the Court is fully resourced to ensure the viability of the investigation into the situation in Palestine.

7. Take immediate action to expel Israel from international fora including the UNGA, International Olympic Committee, FIFA, and others, as apartheid South Africa was. 

8. Act on their responsibility to ensure that corporate entities and institutions domiciled in Canada or under its jurisdiction will cease and desist from aiding and abetting Israel’s genocide and other crimes under international law, including the crime of apartheid, against the Palestinian people.
   

The LCP will be closely monitoring the response of the Canadian government, and its responsibility to uphold international law and continue to demand justice and accountability for the people of Palestine.