ACTION ALERT: Contact Prime Minister Paul Martin and Foreign Affairs Minister Bill Graham And Demand That Canada Respects International Law

Montreal July 14, 2004 (Montreal Muslim News)- On Friday July 9th, the International Court of Justice (ICJ) issued an advisory legal opinion at the request of the UN General Assembly entitled "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory."   Although technically the ICJ ruling is "non-binding,"  the laws which the ICJ says Israel are violating ARE indeed very binding under international law, and Israel's failure to adhere to these laws makes Israel officially and judicially an outlaw.

In summary, court has unambiguously ruled that:

• The construction of the wall being built by Israel, the occupying power, in the occupied Palestinian territory, including in and around East Jerusalem, and its associated regime, are contrary to international law.
  
• Israel is under an obligation to terminate its breaches of international law; it is under an obligation to cease forthwith the works of construction of the wall being built in the occupied Palestinian territory, including in and around East Jerusalem, to dismantle forthwith the structure therein situated, and to repeal or render ineffective forthwith all legislative and regulatory acts relating thereto, in accordance with Paragraph 151 of this opinion.
  
• Israel is under an obligation to make reparation for all damage caused by the construction of the wall in the occupied Palestinian territory, including in and around East Jerusalem.
  
• The United Nations, and especially the General Assembly and the Security Council, should consider what further action is required to bring to an end the illegal situation resulting from the construction of the wall and the associated regime, taking due account of the present advisory opinion.

Sadly, Canada refuses to recognize the jurisdiction of the ICJ ruling stating that the conflict is a "political" and not a legal issue, which sets a very dangerous precedent. In July 14th edition of the Asia Times  Ian Williams writes:

"People who attack the World Court for its July 9 opinion on the Israeli wall in the Occupied Territories should beware.  In doing so, they are calling into question the United Nations Charter, and the whole foundation of international law and humanitarian conventions and treaties: which in the end are the legal basis of the state of Israel's international recognition, and, in a broader sense, everyone else's best hope for a global order that does not rely on anarchistic violence and force majeure."

In essence, the Canadian government is rejecting international law and his handing Israel full legal impunity for its illegal actions. In fact, Canada abstained from the original UN vote to have the international court rule on
the legality of the wall in the first place! And Bill Graham, Canada's Foreign Affairs Minister, has actually stated the world court should not have heard legal arguments about the wall at all, while Marie-Christine Lilkoff, a spokeswoman for Foreign Affairs, said that Canada still questions "the utility of referring this matter to the ICJ."

In one clause of the ruling, the court stated that ALL states (yes, this includes Canada) are under an obligation not to recognize the illegal situation resulting from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction; all states party to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War  of August 12, 1949, have in addition the obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that convention.

This indeed includes Canada!!!

CANADA'S FAILURE TO RECOGNIZE THE JURISDICTION OF THE ICJ RULING AND THE SOUND LEGAL BASIS BEHIND ITS RULING HAVE GRAVE CONSEQUENCES FOR OUR COUNTRY! IN ESSENCE IT IS A REJECTION OF INTERNATIONAL LAW, A VIOLATION OF CANADA'S RESPONSIBILITY TO UPHOLD THOSE LAWS, AND GIVES FULL LICENSE TO ISRAEL TO COMMIT ILLEGAL ACTIONS WITHOUT BEING HELD ACCOUNTABLE.

Along with Ian Williams in the Asia Times article cited above, we MUST ask the question "how can democratic governments explain to their people their failure to "ensure compliance by Israel with international humanitarian law", when told by the world's highest court that they have an obligation to do so?"

Canadians expect more from their government!

ACTION REQUESTED:

Please contact the office of Prime Minister Paul Martin and Foreign Affairs Minister Bill Graham and demand that:

1) Canada accepts the jurisdiction of the ICJ ruling.

2) Canada lives up its obligations under international law and signed international treaties and conventions including the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War

3) Places international pressure on Israel to adhere to international law.

PM Paul Martin's e-mail: pm@pm.gc.ca

Foreign Affairs Minister Bill Graham e-mail address: Graham.B@parl.gc.ca

Please cc: montreal@montrealmuslimnews.net