This article originally appeared in the National Post.
By Brian Cox, April 28, 2025
As the sprint of the shortest election period allowed under Canadian law nears the finish line, one aspect of the campaign that has stood out is the central role that international law has played in political messaging. The unsubstantiated claim that Israel is committing genocide while fighting against Hamas has surfaced several times.
During the French-language leaders debate last week, for example, NDP Leader Jagmeet Singh asked Liberal Leader Mark Carney, “Why don’t you call it what it is? It’s a genocide.” Carney responded that he prefers not to use the word “genocide” in a manner that will “politicize” the situation in Gaza.
The next evening, during the English-language debate, Singh criticized Carney for not acknowledging that “what’s going on in Gaza has now clearly become a genocide.”
This time, Carney did not directly address the genocide claim. Instead, he stuck to the Liberal platform of calling for an immediate ceasefire, the release of all hostages, more humanitarian aid for civilians in Gaza and a lasting two-state solution.
Earlier in the month, during a Carney campaign rally, an attendee shouted, “There’s a genocide happening in Palestine.” Rather than confronting the assertion, Carney responded, “I’m aware, which is why we have an arms embargo.” When asked later by a reporter if he concedes there is a genocide in Gaza, Carney claimed he “didn’t hear that word” during the rally.
While Carney’s assertion seems rather implausible based on video of the exchange, his campaign did not return repeated requests to clarify his position on the “genocide” issue following the rally and after a video surfaced of Liberal candidate Adam van Koeverden telling a group of constituents that their voices will help “end the genocide in Gaza.”
With the NDP leader stridently insisting Israel is committing genocide and the Liberal leader’s position on the matter unclear, the characterization of Israel’s conflict against Hamas in Gaza has emerged as a central — perhaps even pivotal — issue in the federal election. It is imperative to clarify whether the military campaign against Hamas actually does qualify as one of the worst possible crimes under international law.
In short, no, Israel is not committing genocide. Canada’s political leaders should be clear about this, or they should be held accountable for misleading the electorate.
The crime of genocide is established in the Genocide Convention of 1948 and clarified in the Rome Statute of 1998, both of which Canada has adopted. It is committed when prohibited acts are carried out “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”
Israel’s political leaders have repeatedly affirmed that the strategic objectives of the campaign in Gaza are to destroy Hamas’s military and governing capabilities, thereby ending the enduring security threat posed by the terrorist group, and the return of all the hostages.
Israeli Prime Minister Benjamin Netanyahu reiterated this message earlier this month, and these remain consistent with the goals announced in October 2023, during the early stages of the ground offensive in Gaza.
Seeking to destroy a transnational terrorist group that promises a repeat of the October 7 massacre is not genocide — it’s war.
A significant number of civilian casualties are, unfortunately, predictable given that Hamas deliberately hides and fights among the civilian population. But harm to civilians that is incidental to attacks in pursuit of the destruction of a terrorist group during armed conflict does not constitute genocide.
To date, Turkey is the only NATO member that has officially concluded that Israel is committing genocide. Some activist groups, such as Human Rights Watch and Amnesty International, have also characterized Israel’s conduct as genocide.
However, these assertions are based almost entirely on comments from various Israeli political leaders that were taken out of context, coupled with observed effects of the conflict that can be consistent with the intent to destroy Hamas rather than the population of Gaza.
When it comes to the genocide case initiated by South Africa at the International Court of Justice (ICJ), it is commonly suggested that the court’s provisional measures concluded that Israel’s conduct in Gaza amounts to a “plausible genocide.” However, this is an incorrect interpretation of the purpose of ICJ provisional measures.
Israel is not committing genocide in Gaza. When Canadians head to the polls, they should consider each party’s record on countering this pernicious disinformation directed against Canada’s closest ally in the Middle East.
Brian L. Cox is an adjunct professor of law at Cornell Law School, a retired U.S. army judge advocate, a journalism graduate student at Carleton University and a contributor to the Macdonald-Laurier Institute in Ottawa
The author of this piece has worked independently and is solely responsible for the views presented here. The opinions are not necessarily those of the Macdonald-Laurier Institute, its directors or supporters. The Macdonald-Laurier Institute is non-partisan and neither endorses nor supports candidates or political parties. We encourage our senior fellows to comment on public policy issues, including during election campaigns, but the publication of such expert commentary should not be confused with the institute taking a position for or against any party or candidate.
