Question Period Note: The killing of Ukranian civilians by Russian forces in Bucha

Following the killing of Ukranian civilians in Bucha by Russian forces, there have been calls to recognize the event as a genocide.

• The Government of Canada takes any allegations of genocide extremely seriously, and indeed we are gravely concerned with the ongoing situation in Ukraine. Just in the past few days, we have seen reports of hundreds of innocent civilians brutally murdered in Bucha.

• The legal definition of genocide is precise and complex requiring "specific intent" to commit genocide and thus extensive investigation and corroborating evidence.
• We have the responsibility to work with others in the international community in ensuring that any allegations of genocide are investigated by an independent international body of legal experts.
• Canada and several partners referred the situation in Ukraine to the ICC for investigation. As a result, the Prosecutor of the International Criminal Court has opened an investigation into war crimes, crimes against humanity and genocide potentially happening in Ukraine.
• Canada also fully supports ongoing investigations at the United Nations Human Rights Council and the OSCE.

A legal determination of whether a situation constitutes genocide must be done by a competent international or national court or tribunal, bearing in mind that the legal definition of genocide is precise and complex, as outlined in international treaties such as the Convention on the Prevention and Punishment of the Crime of Genocide and the Rome Statute of the International Criminal Court.

The core element of the crime of genocide as defined in international law, and what separates it from other international crimes, is the existence of a specific intent to destroy a protected group "in whole or in part." This "specific intent" must be the reason for which the acts that may comprise genocide have taken place.

Demonstrating this intent requires extensive investigation and corroborating evidence, which is why Canada fully supports ongoing investigations into the situation in Ukraine by the International Criminal Court, the United Nations Human Rights Council and the OSCE.

In early March, Canada and several partners referred the situation in Ukraine to the International Criminal Court. Our referral has enabled the Prosecutor of the International Criminal Court to immediately proceed with opening an investigation into the situation in Ukraine.

Since this referral, allegations of the commission of serious international crimes in Ukraine by Russian forces have become more numerous and serious. Just in the past few days, we have seen reports of hundreds of innocent civilians brutally murdered in Bucha.

It is ultimately a matter for courts with appropriate jurisdiction, including the International Criminal Court, to determine whether war crimes, crimes against humanity or genocide have occurred.

We have and continue to demand that Russia upholds its obligations under international humanitarian law and human rights law.

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