US Federal Court Dismisses Case Accusing President Biden of Complicity in Gaza Genocide
A federal court in the United States has dismissed a case that accused President Joe Biden and other senior US officials of complicity in Israel’s alleged genocide in Gaza. While the case was dismissed on procedural grounds, the court’s decision called upon Biden and his colleagues to examine the consequences of their unwavering support for Israel, including the human rights implications. The lawsuit was filed by human rights groups and individual Palestinians affected by the war in Gaza, accusing Biden, Secretary of State Antony Blinken, and Secretary of Defense Lloyd Austin of failing to fulfill their responsibilities under international and domestic law to prevent genocide.
The court’s decision, handed down by US District Court Judge Jeffrey White, stated that disputes over foreign policy are considered nonjusticiable political questions and therefore fall outside his jurisdiction. However, Judge White acknowledged that Israel’s conduct could potentially amount to genocide, citing a provisional ruling by the International Court of Justice (ICJ) last month. He implored the defendants to examine the consequences of their support for the military siege against Palestinians in Gaza.
The lawsuit was filed amidst mounting pressure on the Biden administration to end its unwavering support for Israel during its war on Gaza, which has resulted in the deaths of over 27,000 Palestinians since early October. The plaintiffs argued that the US, as a provider of billions of dollars in military aid to Israel annually, had an obligation to exercise its influence on Israel to prevent genocide. They also highlighted dehumanizing remarks made by senior Israeli officials as evidence of an intent to erase and destroy Palestinians.
While Israel has rejected the charge of genocide, international law experts have suggested that the bombardment of Gaza and restrictions on humanitarian supplies could potentially amount to genocide. The 1948 Genocide Convention, which the US has ratified, defines genocide as a crime under international law and outlines that complicity in genocide is also punishable.
Katherine Gallagher, senior staff lawyer at the Center for Constitutional Rights (CCR), a nonprofit organization involved in the case, stated that the judge’s ruling affirmed that the Palestinian population in Gaza is enduring a campaign to eradicate a whole people. She emphasized that the US’s unflagging support for Israel is enabling the killing of tens of thousands of Palestinians and contributing to a famine that millions face. While Gallagher disagreed with the court’s jurisdictional ruling, she urged the Biden administration to heed the judge’s call to examine and end its deadly course of action. The CCR and the plaintiffs intend to pursue all legal avenues to stop the genocide and save Palestinian lives.
The Biden administration, facing widespread pressure over its staunch support for Israel, had called for the lawsuit to be dismissed. Government lawyers argued that the court was being asked to intrude into areas committed to the political branches of the government and violate constitutional separation of powers.
Despite the dismissal of the case, the plaintiffs and their supporters view the court’s decision to hear their arguments as an important step forward. During a hearing held last Friday in California, Palestinians testified about the dire situation in Gaza. Mohammed Monadel Herzallah, a Palestinian American with family in Gaza and one of the plaintiffs in the case, expressed both gratitude for the court recognizing US support for Israel’s ongoing genocide in Gaza and disappointment that the court did not take steps to halt the Biden administration’s support for the slaughter of Palestinians. Herzallah emphasized the urgent need for basic necessities for survival in Gaza and vowed to continue fighting to save Palestinian lives.
The court’s dismissal of the case does not mark the end of efforts to address the alleged genocide in Gaza. It serves as a reminder of the complex legal and political challenges associated with holding governments accountable for their actions in foreign policy matters. The plight of Palestinians in Gaza continues, and human rights advocates are determined to seek justice and put an end to the violence and suffering.
