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“I Have Lost Everything”: In Federal Court, Palestinians Accuse Biden of Complicity in Genocide

10 41
27.01.2024

In a momentous day for the quest to keep Israel and its allies accountable for its brutal war on Gaza, members of leading Palestinian human rights groups, residents of Gaza, and Palestinian Americans argued in a U.S. District Court on Friday that the Biden administration should halt its financial and military support for Israel and uphold its obligations to prevent genocide.

The arguments came in a lawsuit that the Center for Constitutional Rights, or CCR, filed in November against President Joe Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin, charging them with complicity and failure to prevent the “unfolding genocide” in the occupied strip. Testifying either in person at the Oakland, California, courthouse or remotely from Palestine, the plaintiffs spoke for nearly three hours about the deliberate devastation wrought by Israel in the aftermath of the October 7 Hamas attacks.

The hearing commenced hours after the International Court of Justice in The Hague found that it’s plausible that Israel has committed acts of genocide in Gaza, in a case brought by South Africa. While the United Nations court fell short of ordering an immediate ceasefire, a panel of judges delivered a historic set of rulings and denied Israel’s request to dismiss the case. A final resolution in that case is expected to take years.

Lawyers involved with the lawsuit playing out in federal court said that the ICJ ruling bolsters their case. Their lawsuit argues that Biden, Blinken, and Austin are liable under U.S. law for failing to uphold their obligation to prevent genocide in Gaza. In Oakland, dozens of people lined up outside the courthouse hours before the hearing on Friday, according to organizers on the ground, while the Zoom stream reached its capacity of 1,000 people tuning in.

The Biden administration has maintained that genocide allegations against Israel are “meritless” and “unhelpful” while on Friday, U.S. government attorneys argued the court has no standing to decide on what they say is a matter of foreign policy. Plaintiffs meanwhile, including several Palestinian Americans, spoke powerfully about the need for the U.S. government to take immediate action to save lives.

In the last three months, Israel’s has killed at least 25,000 Palestinians — one in every 100 residents of Gaza.

Laila el-Haddad, a Palestinian American writer and one of the plaintiffs in the case, described her neighborhood being reduced to “a large pile of sand” and the killing of dozens of her relatives, including some who were buried in mass graves.

“My family is being killed on my dime,” she told the court. “President Biden could, with one phone call, put an end to this.”

A view of devastation due to Israeli attacks as Palestinians, who had returned to the area, try to gather salvageable belongings from the debris of their destroyed homes in the Al-Zawaida region of Deir Al-Balah, Gaza, on Jan. 20, 2024.
Photo: Ashraf Amra/Anadolu via Getty Images

Questions of Law

At the hearing, U.S. Judge Jeffrey S. White went to some length to state the impact of Israel’s war on Palestinian civilians and the U.S. government’s support for it but indicated the case might ultimately hinge on questions of jurisdiction.

“The Palestinian people are living in fear and without food, medical care, clean water, or sufficient humanitarian aid. Defendants — the president of the United States and his secretaries of state and defense — have provided substantial military, financial, and diplomatic support to Israel,” he said.

“However, the primary concern for this court is the limitation of its own jurisdictional reach.”

He later described the case as one of the “the most difficult”........

© The Intercept


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