US Court Rules Israel’s Assault on Gaza is Plausible Case of Genocide

US President Joe Biden (L) with Israeli Prime Minister Benjamin Netanyahu. (Photo: via President Biden Twitter Page)

By Palestine Chronicle Staff  

A US federal judge has acknowledged the government’s complicity in Israel’s genocide in Gaza, calling on President Joe Biden to reconsider his position, while simultaneously dismissing the case due to lack of jurisdiction.

In November, the Center for Constitutional Rights (CCR) filed a federal lawsuit against President Biden, Defence Secretary, Lloyd Austin, and Secretary of State, Antony Blinken.

The CCR sought an injunction that would halt any additional US military aid or diplomatic support to Israel during its ongoing war on the Gaza Strip, reports the Middle-East Monitor (Memo). 

To support its case, the lawsuit also presented statements from Israeli officials proving “intent to destroy the Palestinian people in Gaza, including using dehumanizing descriptions, which is frequently associated with genocidal and persecutory campaigns.”

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The lawsuit was filed on behalf of aid groups, Defense for Children International – Palestine and Al-Haq, as well as Dr. Omar Al-Najjar – operating in southern Gaza’s Rafah area – and plaintiffs with families in Gaza who have suffered displacement or deaths of loved ones during Israel’s bombardment of the enclave.

In an order on Wednesday, US District Judge, Jeffrey S White reportedly highlighted the International Court of Justice’s (ICJ) preliminary ruling this month which found that Israel’s conduct in Gaza could plausibly amount to genocide. 

The judge called on the Biden administration to reflect on that point and to reconsider its stance on the matter, the report added.

“This Court implores Defendants to examine the results of their unflagging support of the military siege against the Palestinians in Gaza,” White said.  He added, “It is every individual’s obligation to confront the current siege.”

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The judge stopped short of issuing a ruling on the case, however, ultimately dismissing it on the grounds that he is restricted and “bound by precedent and the division of our coordinate branches of government to abstain from exercising jurisdiction in this matter.” 

It is “this Court’s obligation to remain within the metes and bounds of its jurisdictional scope”, he stated. “There are rare cases in which the preferred outcome is inaccessible to the Court …This is one of those cases.”

The judge’s decision follows the landmark courtroom hearing in California last week, where several plaintiffs, such as Dr Al-Najjar, provided testimony on Biden’s failure to prevent genocide in Gaza under obligations to the internet, MEMO reported.  

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According to Karen Gallagher, a senior Staff Attorney at the Center for Constitutional Rights who argued the genocide case before the court, “The court affirmed that what the Palestinian population in Gaza is enduring is a campaign to eradicate a whole people – genocide – and that the United States’ unflagging support for Israel is enabling the killing of tens of thousands of Palestinians and the famine facing millions.”

Gallagher continued, ‘While we strongly disagree with the court’s ultimate jurisdictional ruling, we urge the Biden administration to heed the judge’s call to examine and end its deadly course of action. Together with our plaintiffs, we will pursue all legal avenues to stop the genocide and save Palestinian lives.” 

According to Gaza’s Ministry of Health, 27,131 Palestinians have been killed, and 66,287 wounded in Israel’s ongoing genocide in Gaza starting on October 7.

Palestinian and international estimates say that the majority of those killed and wounded are women and children.


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