Premier Blaine Higgs must rethink support for Israel

The Premier of New Brunswick has made “principled support for Israel” a key plank in his re-election campaign. The statement “Premier Higgs stands with Israel” is featured prominently on the recently-launched website helphiggswin.ca, just above a link soliciting donations for his election fund.

On January 26, the International Court of Justice (ICJ), the highest court in the United Nations system, issued a ruling in favour of South Africa, which charged that Israel is violating the Genocide Convention as it carries out unprecedented acts of violence in the Occupied Palestinian Territories.

The court, in a vote of fifteen to two, put forth the binding order to Israel: “The State of Israel shall (…) in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular: (a) killing members of the group;  (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and (d) imposing measures intended to prevent births within the group.”

As part of this binding order, “The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one month as from the date of this Order.”

The language of the ruling is heavy with the implication that Israel must cease its military campaign which has destroyed much of the civilian infrastructure in Gaza, killed upwards of 26,000 Palestinians, and left millions displaced.

In Gaza, the risk of famine and widespread disease as a result of this campaign is now extremely high, as humanitarian aid has been blocked by Israelis and subject to endless bureaucratic obstacles. The Israeli process for inspecting aid is so strict that entire trucks are rejected if a single item does not meet arbitrary standards.

In response to the ICJ ruling, leading Israeli officials have mocked the Court and claimed it is antisemitic. The Israeli military has also reportedly intensified the bombing of Gaza, including in Rafah, the southern area near the Egyptian border where over a million people are sheltering in horrible conditions.

The ICJ ruling also applies to any state which provides material support to Israel during the 30-day window in which it must stop committing the acts listed under the Genocide Convention. Every documented act of material support for Israel during this time can potentially be prosecuted at a later date, if proceedings are brought within the ICJ against the states providing support.

Individuals can also be charged under the framework of the International Criminal Court (ICC) if they are found to be providing material support to Israel as it carries out genocide.

At the federal level, Global Affairs Canada issued a statement several hours after the ICJ ruling, which contained the following sentence: “Our support for the ICJ does not mean that we accept the premise of the case brought by South Africa.”

It is important to understand why Canada’s official position is objectively wrong.

Canada recognizes the authority of the ICJ as the highest court of international law. There is no way for Canada to reject South Africa’s case without rejecting the entirety of agreed-upon international law and all of the obligations that Canada has under that law.

As of the time of the ICJ ruling, all actions of the Canadian government, private businesses, or individuals which provide material support to the State of Israel potentially makes those parties complicit in the genocide of the Palestinian people. This is the reality of the situation.

To underscore this reality, on Feb. 5, Nicaragua began proceedings to take Canada to the ICJ “for their complicity in the genocide against the Palestinian people in Gaza by providing the Israeli occupation with the weapons and means to carry out the horrendous act.”

Given the significance of the ICJ ruling, it is certainly in the public interest for the Premier to explain exactly how far his support for the state of Israel goes.

The world will continue to watch carefully in the coming days and weeks as the legal implications of the ICJ ruling reverberate. The Canadian government’s position places the country on the wrong side of history and tarnishes the legacy of those people who championed human rights within the framework of the UN.

It is difficult to see how Premier Higgs can continue to claim that his government is committed to upholding the human rights of all New Brunswickers. It is becoming increasingly clear that some lives hold more value than others in his worldview.

This not only has serious and negative consequences for attempts to create a more inclusive and welcoming society, but quite possibly will bear profound legal repercussions for the Premier himself.

Ryan Hillier is a writer and settler living on the banks of the Petkootkweăk.