Federal Court Rules
Following a federal court hearing on Friday, January 26, in the case Defense for Children International – Palestine v. Biden, the court found that Israel may be engaging in genocide against the Palestinian people in Gaza. The Biden administration was charged with failing in its duty to prevent and potentially aiding and abetting the ongoing genocide. The court observed that the United States is providing "unflagging support" for the substantial attacks on Palestinian civilians, which violate international law.
The court's decision aligns with a recent ruling by the International Court of Justice, which also suggested that the Israeli government could be involved in a genocide of the Palestinian people in Gaza. The international court issued emergency measures for Israel to halt its genocidal campaign. However, the U.S. court, while recognizing the gravity of the situation, reluctantly dismissed the case on jurisdictional grounds, citing executive decision-making in foreign policy as beyond its purview.
The court based its assessment on the compelling live testimony of seven Palestinian witnesses, including those from Gaza and Ramallah. They shared firsthand experiences of Israel's actions, including the killing of family members, mass displacement reminiscent of the 1948 Nakba, and the dire conditions in Gaza leading to mass starvation. Expert opinions from genocide and Holocaust scholars further supported the assertion that Israel's military assault aligns with historical precedents of genocide.
Despite the dismissal, the court delivered a historic rebuke to Israel and the United States for violating the Genocide Convention. The court urged the defendants to examine the consequences of their unyielding support for the military siege on Gaza, emphasizing the duty of every individual to confront the ongoing crisis.
Katherine Gallagher, Senior Staff Attorney at the Center for Constitutional Rights, emphasized the court's acknowledgment of the ongoing genocide and called on the Biden administration to reconsider its support for Israel. Palestinian plaintiffs expressed disappointment at the court's refusal to intervene immediately but vowed to pursue legal avenues to stop the genocide and protect Palestinian lives. The case involves Palestinian human rights organizations, including Defense for Children International – Palestine and Al-Haq, as well as individual plaintiffs from Gaza and the U.S. with family ties to the region.
