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Canada takes no clear position on interim ruling in genocide case against Israel

South Africa brought the allegation that Israel is perpetrating genocide to the UN鈥檚 highest court
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Israeli army troops are seen next to a destroyed building during a ground operation in Khan Younis, Gaza Strip, on Wednesday, Jan. 10, 2024. THE CANADIAN PRESS/AP-Ohad Zwigenberg

Canada opted to say as little as possible Friday about an International Court of Justice ruling that ordered Israel to prevent a genocide of Palestinians in the Gaza Strip.

After hours of silence from the federal government, Foreign Affairs Minister M茅lanie Joly eventually released a statement that did not directly respond to the ruling.

The court鈥檚 finding was not a final decision on the case, which Canada is following 鈥渧ery closely,鈥 Joly said.

South Africa brought the allegation that Israel is perpetrating genocide to the UN鈥檚 highest court a month ago and asked it to impose a ceasefire.

The overwhelming majority of judges instead ordered six provisional measures to limit casualties in the Gaza Strip and to ensure the preservation of evidence should the court find Israel is committing genocide against Palestinians.

The judges ruled against Israel鈥檚 request to throw out the case altogether.

Neither Joly nor Prime Minister Justin Trudeau stopped to answer questions Friday as members of the Liberal caucus gathered on Parliament Hill.

The statement reiterated Canada鈥檚 position that the government supports the court鈥檚 鈥渃ritical role in the peaceful settlement of disputes and its work in upholding the international rules-based order.鈥

It added, as Trudeau has said before: 鈥淥ur support for the ICJ does not mean that we accept the premise of the case brought by South Africa.鈥

Earlier on Friday, Liberal MPs offered mixed opinions on how Canada should respond.

It is incumbent on Canada, a signatory to the international court, to 鈥渕ake sure that they convince Israel to follow what has been said鈥 in the ruling, said Toronto MP Salma Zahid.

鈥淭hey have to have some dialogue with them.鈥

Her colleague Anthony Housefather said he didn鈥檛 want to 鈥渙verblow鈥 Friday鈥檚 decision since it was primarily about whether or not the court would continue to hear the case.

鈥淢y position has been that Israel is not committing genocide, that it鈥檚 baseless and it鈥檚 insulting, and I don鈥檛 think the case was helpful to bring,鈥 Housefather said.

Israel鈥檚 ambassador to Canada, Iddo Moed, said he did not hear from Canadian officials in the initial hours after the ruling.

He said it is important to be clear that the court has not made any judgment about whether a genocide has taken place.

鈥淟et it also be clear that Israel respects international law and is a law-abiding country, and this is what we鈥檝e been making sure that we do all along the way,鈥 Moed said after Friday鈥檚 Holocaust Remembrance Day ceremony in Ottawa.

The ruling did not speak to Israel鈥檚 right to self-defence but did say the court was 鈥済ravely concerned鈥 about hostages who remain in the grip of Hamas.

The death toll from the Israel-Hamas war in the Gaza Strip has surpassed 26,000, including militants. The Hamas-run Health Ministry also said Friday that more than 64,400 had been wounded since Oct. 7.

That was the day militants from the territory launched a surprise attack in southern Israel, killing around 1,200 people and taking about 250 hostages.

The court concluded that Israel has not taken enough care to prevent its bombardment and restrictions on aid and other essentials from costing lives in Gaza.

It cited statements from senior officials that suggest a policy of collective punishment, including comments from Israel鈥檚 president on Oct. 12 that named an 鈥渆ntire nation鈥 as responsible for the Hamas attacks.

Even before Joly鈥檚 statement, Canadian officials had offered little of substance about the case.

Mona Abuamara, the Palestinian ambassador to Canada, urged Trudeau to break the silence.

鈥淲e call on Canada to end its regarding of Palestinians as an exception to the protection of the international order, and Israel as the exception to adhering to international law,鈥 she told an online news conference.

South Africa鈥檚 high commissioner in Ottawa, Rieaz Shaik, said that prior to Friday鈥檚 ruling, he discussed the case with Canadian officials who seemed to take his country鈥檚 arguments seriously.

He said the logical next step is for Canada to formally recognize a Palestinian state, in order to build on its commitment to a two-state solution.

Jewish and Muslim groups have been impatiently pushing for Canada to speak to its stance.

The Centre for Israel and Jewish Affairs said in a statement that Trudeau and Joly 鈥渕ust speak out鈥 against what it called a 鈥渃lear ploy to politicize the ICJ as a platform to target Israel.鈥

B鈥檔ai Brith Canada, a Jewish advocacy group, said it feared Friday鈥檚 judgment would 鈥渋ntensify鈥 anti-Israel sentiment and demonstrations in Canada.

鈥淓very democracy should stand shoulder to shoulder with Israel, no condition, no modification, no conditioning of their response,鈥 the group鈥檚 Quebec regional director Henry Topas said in an interview Friday.

鈥淚t has to be clear and unequivocal that Israel is fighting a barbaric entity, Hamas, and they must be permitted and encouraged and supported in finishing the job.鈥

The National Council of Canadian Muslims, for its part, called on the Liberals to voice support for the ruling and call for a ceasefire to prevent more deaths.

鈥淭he fact that this case is proceeding forward 鈥 that the evidence has been met to move forward on a genocide case 鈥 should prompt deep introspection for our political parties here in Canada,鈥 the group said in a statement.

A spokesman for Conservative Leader Pierre Poilievre declined to comment on the court鈥檚 ruling, pointing to earlier comments Poilievre made on South Africa鈥檚 case. He previously criticized it as 鈥渟hameless鈥 and 鈥渄ishonest.鈥

Meanwhile, the U.S. State Department announced Friday it has suspended aid to the UN agency tasked with supporting Palestinians, due to allegations that some staff at the body known as UNRWA participated in the brutal Hamas attack on Israel last October.

Canada announced plans Friday to follow suit by temporarily pausing new funding to UNRWA while the organization investigates the claims.

International Development Minister Ahmed Hussen said Canada will not reduce aid to Gaza, and will work with other partners to provide life-saving assistance to civilians in the territory.

鈥 With files from Mia Rabson and Stephanie Taylor in Ottawa and The Associated Press.

Dylan Robertson and Laura Osman, The Canadian Press

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