The Right to Protest and the Responsibility to Protest

The right to dissent in light of Canadian universities' refusals to allow student protests against support of or involvement with institutions participating in or profiting from the Israeli Defense Forces' bombardment of the civilian population in Gaza. The actions of the IDF have been recognized by international human rights authorities as constituting genocide. While individuals do not have a legal obligation to protest genocide, states do, indeed, have such an obligation. When states, like Canada, fail to fulfill this obligation then institutions like the University of Toronto and the University of British Columbia ought to do all they can to assist students in their protest activities in order, not only to acquit themselves of their mandate as public institutions to advance the public good, but also to put pressure on government officials to follow through on Canada's international human rights law treaty obligations, among which the obligation to oppose acts such as genocide.

"In its Advisory Opinion, the [International] Court [of Justice has ]respond[ed] to the questions posed by the General Assembly by concluding that:
 the State of Israel’s continued presence in the Occupied Palestinian Territory is unlawful;
 the State of Israel is under an obligation to bring to an end its unlawful presence in the Occupied Palestinian Territory as rapidly as possible;
 the State of Israel is under an obligation to cease immediately all new settlement activities, and to evacuate all settlers from the Occupied Palestinian Territory;
 the State of Israel has the obligation to make reparation for the damage caused to all the natural or legal persons concerned in the Occupied Palestinian Territory;
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 all States are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory and not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory;
 international organizations, including the United Nations, are under an obligation not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory; and
 the United Nations, and especially the General Assembly, which requested the opinion, and the Security Council, should consider the precise modalities and further action required to bring to an end as rapidly as possible the unlawful presence of the State of Israel in the Occupied Palestinian Territory."
Press Release, ICJ No. 2024/57. 19 July 2024

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