Politics

Trudeau silent while Liberal caucus remains split over ICJ ruling on Israel-Hamas war

While Prime Minister Justin Trudeau hasn't yet commented on the International Court of Justice's ruling Friday on Israel's war on Hamas, his government's caucus seems to be split over an interim decision delivered by the United Nations' top court.

NDP Leader Jagmeet Singh says that despite the ICJ ruling, 'Canada must call for a ceasefire' in Gaza

The Canadian flag and Israeli flag fly side by side.
The flags of Canada and Israel fly at half mast at a community building on Wednesday, Oct. 11, 2023 in Ottawa. (The Canadian Press/Adrian Wyld)

While Prime Minister Justin Trudeau hasn't yet commented on the International Court of Justice's ruling Friday on Israel's war on Hamas, his government's caucus seems to be split over an interim decision delivered by the United Nations' top court.

Earlier in the day, the United Nations' International Court of Justice (ICJ) issued an interim emergency ruling on South Africa's claim that the war in Gaza amounts to an act of genocide. In its ruling, the court ordered Israel to take measures to prevent and punish direct incitement of genocide in its war in Gaza, but stopped short of ordering a ceasefire.

Liberal MP Salma Zahid told reporters before Friday's caucus meeting that she was "a bit disappointed that they didn't ask for an immediate ceasefire."

"As a signatory, I think it's incumbent on Canada to convince Israel to make sure that they follow what has been said in regards to making sure that civilians are protected, in regards to making sure that humanitarian aid can get in there," she added.

Friday's ICJ ruling is being seen by many as a victory for South Africa because it confirms the genocide claim is plausible enough to justify a full hearing. The court also ruled that South Africa has the right to pursue its claim against Israel under the Genocide Convention.

WATCH: ICJ interim order calls on Israel to prevent genocide in Gaza 

ICJ interim order calls on Israel to prevent genocide in Gaza: Hear the ruling

10 months ago
Duration 4:34
Joan Donoghue, president of the International Court of Justice, read out a preliminary ruling that ordered Israel to do more to reduce deaths in Gaza. The ruling, which is binding but not enforceable, did not call for a full ceasefire.

Liberal MP Anthony Housefather, a Jewish MP who has emerged as a prominent voice for his community in caucus, said Friday's ruling looked only at whether South Africa's claim could go forward.

"Today, the court did not take a position on whether or not Israel is committing genocide," he said. "My position has been that Israel is not committing genocide, it is baseless and it's insulting, and I don't think the case was helpful to bring."

CBC News has reached out the the Prime Minister's Office for official comment on the ruling but has yet to receive a response.

In a media statement, the office of Foreign Affairs Minister Mélanie Joly said "Canada supports the ICJ's critical role in the peaceful settlement of disputes and its work in upholding the international rules-based order.

"Our support for the ICJ does not mean that we accept the premise of the case brought by South Africa. It is for the ICJ to make a final decision on the case, which it has not done today. We continue to follow the case very closely."

The court ordered Israel to refrain from any acts that could fall under the Genocide Convention and also ensure that its troops do not commit any genocidal acts in Gaza. Israel must also report to the court within a month on what it's doing to uphold the order.

Reactions to the ruling

Iddo Moed, Israel's ambassador to Canada, defended his country's response to the Hamas attacks and said Israeli policy will not change in the wake of the ruling.

"We have been conducting our actions according to the rule of law, according to international law, according to international humanitarian international law," he said in Ottawa Friday. "This is what we've been doing and what we will continue to do."

Moed said Israel "is defending itself against evil" and will share evidence with the ICJ to support its claim that it is acting lawfully.

WATCH: Israel's ambassador to Canada: 'There's no way for us to stop this war'  

Israel's ambassador to Canada: ‘There’s no way for us to stop this war’

10 months ago
Duration 13:25
The International Court of Justice ordered a set of provisional measures for Israel to prevent genocidal acts and any direct incitements to genocide in Gaza. Israel’s Ambassador to Canada Iddo Moed reacts to the court’s rulings and says Israel abides by international law.

Reacting to the ruling on social media, NDP Leader Jagmeet Singh said "Canada has a responsibility to protect innocent people."

"Justin Trudeau must respect the ICJ decision and immediately urge the government of Israel to comply with provisional measures," he said in a post on X, formerly Twitter.

"Canada must call for [a] ceasefire, humanitarian aid, release of hostages, end of weapons sales, and support the work of ICC to investigate and prosecute all crimes in the region."

The National Council of Canadian Muslims said the ruling "is an important first step" but it still wants Canada "to take actions towards a ceasefire."

"While we were disappointed that the ICJ did not make an explicit provisional order for a ceasefire, the Court ruled overwhelmingly that Israel must 'take all measures within its power' to prevent genocidal acts in Gaza," the council said in a media statement.

The war in Gaza

An estimated 1,200 people were killed in Hamas's attack on Israel on Oct. 7, 2023, including members of Israeli security forces, civilians and foreign nationals, according to the Israeli government. About 250 others were taken hostage. 

In response, Israel launched a massive military operation in Gaza. It said its military operation was aimed at Hamas and its supporters, not civilians.

WATCH: Chief representative of the Palestinian Delegation 'shocked' by Canada's response 

Chief representative of the Palestinian Delegation ‘shocked and saddened’ by Canada’s response

10 months ago
Duration 11:28
The International Court of Justice ordered a set of provisional measures for Israel to prevent genocidal acts and any direct incitements to genocide in Gaza. Canada issued a statement today reiterating its support for the ICJ, while saying that doesn’t mean it endorses South Africa’s genocide case against Israel. Mona Abuamara, the chief representative of the Palestinian Delegation to Canada, says that it reminded her of a ‘dehumanizing’ and ‘anti-Palestinian’ statement.

The health ministry in Gaza has said more than 25,000 people in the territory had been killed in the conflict as of Monday. That estimate does not differentiate between civilians and Hamas fighters.

Israel also has cut off supply deliveries and electricity in the enclave, leading to a humanitarian crisis and desperate pleas for food, medicine and water. Limited humanitarian aid has been allowed into Gaza over the last 100 days.

In December, South Africa went to the UN's top court, accused Israel of perpetrating genocide against Palestinians in Gaza and asked the court to order Israel to halt its attacks. South Africa also pushed for more humanitarian aid in Gaza.

Its submission to the International Court of Justice alleged that "acts and omissions by Israel ... are genocidal in character" because they're meant "to destroy Palestinians in Gaza" as part of the broader Palestinian national, racial and ethnic group.

During two days of public hearings earlier this month, South Africa condemned Hamas's brutal attack in Israel but said there is no justification for the scale of Israel's response in Gaza.

The court's decisions are binding but it doesn't have the ability to enforce its rulings. The UN Security Council would decide what measures, if any, need to be taken to enforce the ICJ judgment.

ABOUT THE AUTHOR

Peter Zimonjic

Senior writer

Peter Zimonjic is a senior writer for CBC News. He has worked as a reporter and columnist in London, England, for the Telegraph, Times and Daily Mail, and in Canada for the Ottawa Citizen, Torstar and Sun Media. He is the author of Into The Darkness: An Account of 7/7, published by Random House.

With files from Reuters