441-02418 (Foreign affairs)

The Government of Canada shares the shock and horror felt across Canada – and around the world – at the brutal and unthinkable terrorist attacks by Hamas against Israeli civilians on October 7, 2023. The Government also recognizes the devastating toll faced by Palestinians as a result of the ensuing conflict. The humanitarian situation in Gaza is catastrophic. The tragic loss of civilian lives – particularly women and children – is heartbreaking. The Minister of Foreign Affairs has been clear in outlining the Government’s position:

• too many Palestinian civilians people have been killed;
• international law must be respected;
• civilians must be protected;
• the violence must stop.

This is why Canada has been calling for an immediate humanitarian ceasefire for many months. This is needed urgently, and it must not be one-sided. Hamas – a listed terrorist organization – must lay down its arms and release all hostages. Rapid, safe, and unimpeded access for humanitarian relief must be provided; the need for this assistance has never been greater.

Canada was a founding member and remains a strong proponent of the International Court of Justice’s (ICJ) independence and its critical role in the peaceful settlements of disputes between countries. Canada also supports the International Criminal Court (ICC), established by the Rome Statute in large part thanks to Canadian leadership. Both institutions are key pillars of the international legal system, which plays a central role in underpinning global peace and security.

Furthermore, Canada has ratified the United Nations (UN) 1948 Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), which includes an undertaking for Contracting Parties to prevent and punish genocide. Under the 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.

 Canada’s unwavering support for international law and the ICJ does not mean we accept the premise of the case brought by South Africa. We will follow the proceedings of South Africa’s case very closely as it progresses beyond the preliminary stages, including written submissions, oral proceedings, and the delivery of a final decision. We recognize that decisions of the ICJ – including its response to South Africa’s request for provisional measures in their case against Israel – are binding on both parties.  The Court has been clear: Israel must ensure the delivery of basic services and essential humanitarian assistance and must protect civilians.