Defense for Children International-Palestine et al v. Biden et al | |
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Court | United States District Court for the Northern District of California |
Decided | dismissed on 31 January 2024 |
Docket nos. | 4:23-cv-05829-JSW [1] |
Court membership | |
Judge(s) sitting | Jeffrey White |
Defense for Children International-Palestine et al v. Biden et al is a lawsuit by Defence for Children International-Palestine et al in the United States District Court for the Northern District of California against President Joe Biden, Secretary of Defense Lloyd Austin, and Secretary of State Antony Blinken for the U.S. officials’ alleged "failure to prevent and complicity in the unfolding genocide against Gaza." [1] [2] [3] [4] The plaintiffs include several Palestinian Americans whose families have been killed. [5] The court dismissed the case on January 31, 2024, ruling that while "it is plausible that Israel’s conduct amounts to genocide," US foreign policy was a political question over which courts lacked jurisdiction. [6] [7] [8]
The Israel–Hamas war had seen high levels of civilian deaths in Gaza, mostly due to the israeli invasion of Gaza with Oxfam stating that the "death rate in Gaza is higher than any other major 21st Century conflict." [9] The United Nations Office for the Coordination of Humanitarian Affairs, citing the Gaza Health Ministry, reported that by day 97 of the war that 23,708 were killed, with 60,005 injuries and over 1.9 million people displaced in Gaza. [10]
The plaintiffs' families have been severely affected by hostilities in Gaza. Together, the plaintiffs counted over 100 family members killed in Gaza. [5] Included among the dead are six members of Ahmed Abu Artema's family who were killed, including his 12-year-old son, five members of Dr. Al-Najjar's extended family who were killed, and eight of Mr. Abu Rokbeh's family who were killed. [5] Several individuals and 77 human rights organizations have stood behind the plaintiffs as amici curiae, including Josh Paul from the US State Department; genocide and Holocaust scholars William Schabas, Dr. John Cox, Dr. Victoria Sanford, Dr. Barry Trachtenberg; and Jewish Voice for Peace. [11] [12] [13]
The Center for Constitutional Rights filed the case for the plaintiffs on November 13th, 2023. The preliminary injunction hearing took place on January 26, 2024. [5]
On 31 January 2024, the case was dismissed. The judge ruled that the court lacked jurisdiction over US foreign policy due to the U.S. Constitution's political question doctrine, but that he would have preferred to have issued the injunction and urged President Biden to rethink U.S. policy, [6] [7] writing: [8] : 8
There are rare cases in which the preferred outcome is inaccessible to the Court. This is one of those cases. The Court is bound by precedent and the division of our coordinate branches of government to abstain from exercising jurisdiction in this matter. Yet, as the ICJ has found, it is plausible that Israel’s conduct amounts to genocide. This Court implores Defendants to examine the results of their unflagging support of the military siege against the Palestinians in Gaza.
The often cited precedent against jurisdiction of U.S. courts in this case was Corrie v. Caterpillar, Inc (2007). [14] [15]
As reason to not apply the U.S. statutes in regard to the Genocide Convention on the actions of the U.S. government, the court relied on the political question doctrine and cited the reasoning in Corrie v. Caterpillar, Inc: "Whether to grant military or other aid to a foreign nation is a political decision inherently entangled with the conduct of foreign relations." [8] : 7
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The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, on 20 December 2019 announced an investigation into war crimes allegedly committed in Palestine by Israeli personnel or members of Hamas and other Palestinian armed groups since 13 June 2014. The allegations include the establishing of illegal West Bank settlements and violations of the law of war by personnel of the Israeli Defence Forces during the 2014 Gaza War, including claims of targeting Red Cross installations. Members of armed Palestinian organizations, including Hamas, were accused of deliberately attacking Israeli civilians and using Palestinians as human shields. Israel is not a member of the ICC and disputes its jurisdiction on the basis that Palestine is not a sovereign state capable of being a party to the Rome Statute, and Israeli Prime Minister Benjamin Netanyahu repeatedly condemned the allegations and investigation. According to ICC chief prosecutor Karim Ahmad Khan, suspected war crimes by Israelis on Palestinian territory and by Palestinians on Israeli territory during the 2023 Israel–Hamas war are within the jurisdiction of the Palestine investigation.
Following the 2023 Hamas-led attack on Israel and outbreak of the Israel–Hamas war, the United States began to send warships and military aircraft into the Eastern Mediterranean and began sending Israel more military supplies. The US stated that Israel would receive "whatever it needs" to support its offensive against the Hamas-ruled Gaza Strip. On 20 October, President Biden announced that he had asked Congress for $14 billion in additional aid.
An armed conflict between Israel and Hamas-led Palestinian militant groups has been taking place chiefly in and around the Gaza Strip since 7 October 2023. It began when Hamas militants launched a surprise attack on southern Israel from the Gaza Strip. After clearing Hamas militants from its territory, the Israeli military embarked on an extensive aerial bombardment of the Gaza Strip followed by a large-scale ground invasion beginning on 27 October. Clashes have also occurred in the Israeli-occupied West Bank and with Hezbollah along the Israel–Lebanon border. The fifth war of the Gaza–Israel conflict since 2008, it is part of the broader Israeli–Palestinian conflict, and the most significant military escalation in the region since the Yom Kippur War 50 years earlier.
Israeli war crimes are the violations of international criminal law, including war crimes and crimes against humanity, which the Israel Defense Forces, the military branch of the state of Israel, has been accused of committing since the founding of Israel in 1948. These have included murder, intentional targeting of civilians, killing prisoners of war and surrendered combatants, indiscriminate attacks, collective punishment, starvation, the use of human shields, sexual violence and rape, torture, pillage, forced transfer, breach of medical neutrality, targeting journalists, attacking civilian and protected objects, wanton destruction, incitement to genocide, and genocide.
The State of Israel has been accused of carrying out or inciting genocide against Palestinians during the Israeli–Palestinian conflict. This accusation has been linked to the conceptualization of Israel as a settler colonial state. Those who believe Israel's actions constitute genocide typically point to the phenomena of anti-Palestinianism, Islamophobia, anti-Arab racism in Israeli society, and they cite the Nakba, the Sabra and Shatila massacre, the blockade of the Gaza Strip, the 2014 Gaza War and the 2023 Israel–Hamas war as instances of genocide.
The outbreak of the Israel–Hamas war led to an increased dislike of Israeli prime minister Benjamin Netanyahu and the government from Israeli citizens due to a perceived failure of leadership on the issue, with increased calls for Netanyahu's resignation.
Since the start of the Israel–Hamas war on 7 October 2023, the UN Human Rights Council has identified "clear evidence" of war crimes by both Hamas and the Israel Defense Forces. A UN Commission to the Israel–Palestine conflict stated that there is "clear evidence that war crimes may have been committed in the latest explosion of violence in Israel and Gaza, and all those who have violated international law and targeted civilians must be held accountable." On 27 October, a spokesperson for the OHCHR called for an independent court to review potential war crimes committed by both sides.
The Israel–Hamas war sparked a major diplomatic crisis, with many countries around the world reacting strongly to the conflict that affected the momentum of regional relations. At least nine countries took the drastic step of recalling their ambassadors and cutting diplomatic ties with Israel. The conflict has also resulted in a renewed focus on a two-state solution to the ongoing conflict.
Protests, including rallies, demonstrations, campaigns, and vigils, relating to the Israel–Hamas war have occurred nationwide across the United States since the conflict's start on 7 October 2023, occurring as part of a broader phenomenon of the Israel–Hamas war protests around the world.
The State of Israel has been accused of genocide against Palestinians in the Gaza Strip during the Israel–Hamas war. Various scholars, and the United Nations Special Rapporteur Francesca Albanese, have cited statements by senior Israeli officials, which they argue demonstrate an "intent to destroy" the population of Gaza, a necessary condition for the legal threshold of genocide to be met.
Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip is a case brought before the International Court of Justice (ICJ) on 29 December 2023 by South Africa regarding Israel's conduct in the Gaza Strip as part of the Israel–Hamas war.
Israel has been accused of committing genocide in the Gaza war and the Biden administration has been accused of complicity in the genocide. The complicity accusation has been made in court, as well as by federal staffers. As well as Human rights organizations and academic figures around the world.