Beyond a ceasefire, Canada’s role in ensuring accountability

In 2008, Matan Vilnai, then Israel's deputy defence minister, starkly warned of a potential 'shoah'—a Holocaust— in the escalating tensions between Israelis and Palestinians in Gaza. In 2014, the rhetoric intensified: Israel's then-justice minister Ayelet Shaked branded the entire Palestinian people as the enemy, advocating for the obliteration of their society. In the same year, Moshe Feiglin, then-deputy Speaker of the Israeli Knesset and a member of Prime Minister Benjamin Netanyahu’s Likud Party, not only echoed this sentiment, but also went further and detailed a chilling plan for the forced displacement of Palestinians in Gaza. Fast forward to 2023. We must ask ourselves—after these declarations emerging from the highest echelons of Israeli politics—whether we are witnessing the seeds of a genocide? The unfolding crisis in Gaza, marked by a staggering death toll and widespread devastation, has questioned the international community's commitment to the principles of international law. After a month of intense bombardment of the Gaza strip by Israel along with its ground invasion, what has been achieved against Hamas? Unlike previous confrontations, there is no clear data on the number of Hamas fighters killed due to both Israel and Hamas withholding figures on militant casualties. The Israeli Defense Force's own figures claim the elimination of 60 Hamas fighters, with Israeli news sources suggesting numbers as high as 130. If we accept these reported numbers, that is an estimate of 100 to 150 civilians for every Hamas fighter. The current trajectory of the conflict suggests that a complete destruction or eradication of Hamas, given the current rate of civilian casualties, could result in the annihilation of a substantial portion of the Palestinian population, possibly exceeding 50,000 people. As of most recent data, more than 15,000 Palestinian civilians, including 50 per cent children and women, have lost their lives. There are at least 40,000 injured. More than 1,700 children are reported missing, 1.6 million Palestinians have been displaced from their homes. As bombs continue to rain down on Gaza, the so-called "collateral damage" has targeted innocent civilians as well as critical services such as hospitals, ambulances, water sources, and humanitarian aid. Leading genocide scholars including Raz Segal, an Israeli historian and an associate professor specializing in Holocaust and genocide studies at Stockton University; Omer Bartov, an Israeli Holocaust scholar; William Schabas, a globally recognized authority on genocide law; and academics Drs. John Cox, Victoria Sanford, and Barry Trachtenberg have all arrived at comparable conclusions that Israel is committing genocide in Gaza. The Center for Constitutional Rights filed a lawsuit in California alleging that Israel’s actions, including “mass killings,” the targeting of civilian infrastructure and forced expulsions, amount to genocide. It is seeking a declaratory order that U.S. President Joe Biden, his secretary of state, and the defense secretary take “all measures within their power to prevent Israel’s commission of genocidal acts against the Palestinian people of Gaza.” Notwithstanding the allegations and even the lawsuit, the United States’ inability to persuade Israel to agree to a permanent ceasefire and its subsequent positions in Israel’s defence has been viewed by many as tacit approval for the continuation of its genocidal campaign. What took place on Oct. 7 was a tragedy, and families in Israel deserve to have their loved ones come home. But the Israeli military’s strategy to continue the bombing campaign aiming to dismantle Hamas' capabilities, which appears to be unrealistic at this juncture, while knowing the inevitable consequences of Palestinian suffering is nothing short of collective punishment. The blockade of essential supplies, including emergency medicines, food, clean water, and fuel, constitutes a severe violation of international law. The current humanitarian catastrophe caused by Israeli military operations in Gaza exacerbates fears of further deaths due to starvation and disease—a deliberate strategy that punishes an entire population. The world has witnessed the result of a temporary ceasefire—negotiation and peace talks work, at least better than the military campaign. It is now incumbent upon the international community to bring this hostility to an end, and to protect the women and children. Canada has been on the wrong side of history, and now we expect our country to do the right thing. Our government should call for an immediate and permanent ceasefire. Canada should also be the first to call for an immediate and unrestricted investigation by the United Nations into potential war crimes in Gaza, ensuring accountability and justice. No one should be given a pass on undermining the very foundations of international law and trust among nations. The phrase "never again," born from the regret and lessons of the Holocaust, must resonate beyond rhetoric. Washim Ahmed is a refugee and human rights lawyer. He is a co-founder of OWS Law, and holds an LL.M. from Osgoode Hall Law School. The Hill Times