For decades, supporters of Palestinian self-determination have talked of Israel’s “illegal occupation.” But while many of Israel’s brutal policies – e.g. colonization, apartheid – have been patently illegal for decades, the UN system had never declared “occupation” itself illegal. Now however, with the momentous advisory opinion of the International Court of Justice (ICJ) from July, Israel’s occupation itself is formally established as “illegal.”
The Court rendered its opinion as the result of a request by the UN General Assembly (UNGA) in December, 2022. The UNGA challenged the Court to study Israel’s presence in the occupied Palestinian territories (OPT) and determine if – whether due to the prolonged nature of Israel’s occupation, or whether due to the discriminatory practices of Israel’s occupation – the occupation itself could now be considered “illegal.”
In addition to declaring the occupation “illegal,” the resounding “yes” from the Court additionally stated that Israel must end its colonization of the Palestinian territories, that Israel must make reparations to the Palestinians, and that “all states are … not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory.”
The Court’s edict not to “render aid or assistance” should, in theory, have had particular resonance with the Canadian government. In policies and practices entrenched during the Harper years, and sustained under the government of Justin Trudeau, Canada consistently turns a blind eye to Israel’s scandalous practices against the Palestinians and their land – deemed “apartheid” by both Amnesty International and Human Rights Watch.
One way that Canada has rendered “aid or assistance” to Israel is through its trade policy.
Among other things, the Court directed states to “abstain from treaty relations with Israel in all cases in which it purports to act on behalf of the [OPT…]”; and “abstain from entering into economic or trade dealings with Israel concerning the [OPT] or parts thereof which may entrench its unlawful presence in the territory.”
Yet the Canada-Israel Free Trade Agreement (CIFTA) makes no distinction between Israel and the OPT. As such, CIFTA operates as if the OPT were formally annexed by Israel, and even extends trade benefits to Israeli colonies (a.k.a. “settlements”) – which are the most glaring symbols of Israel’s occupation.
Similarly, given the Court’s opinion, Canada must repudiate the Canada-Israel Strategic Partnership, established under a Memorandum of Understanding (MOU) during the Harper era. The Strategic Partnership calls for collabo ration between Canadian agencies and Israeli agencies – like the Israeli Minis
try of Defense and the Israeli Ministry of National Security – which are directly involved in supporting Israel’s illegal occupation.
Despite Israel’s bombardment of Gaza, Canada also renders aid and assistance by providing arms to Israel. Since Oct. 7, 2023, Canada has issued many confusing and contradictory statements regarding its trade in arms with Israel. Clearly, however, Canada’s arms sales to Israel are at a historic high. And while government officials have sent mixed signals about the status of certain arms export permits for Israel, reports make clear that Canadian arms sales to Israel continue to skyrocket – despite accusations of genocide against Israel. While the ICJ’s message is unambiguous, it’s unclear whether the Trudeau government will act on its recommendations. In one potentially encouraging development in September, Foreign Affairs Minister Melanie Joly appeared to close a loophole which would have allowed 50,000 Quebec-made mortars to be shipped to Israel through the US. But years of equivocation from the Trudeau government on Israel’s human rights violations give little reason for hope.
It is easy to be disappointed with the “international rules-based order,” so of ten touted by Trudeau government officials, but consistently ignored in regards to Palestine. But it’s hard to conceive of any other international mechanism that can oblige rogue governments to respect the rights of oppressed peoples. Thomas Woodley is the president of Canadians for Justice and Peace in the Middle East (CJPME, https://www.cjpme.org).
