Biden genocide lawsuit dismissed, but federal judge deplores "unflagging" US support for Israel
Oakland, California - A federal judge ruled on Wednesday that Israel's assault on Gaza is a plausible case of genocide, while dismissing a lawsuit seeking to hold the Biden administration accountable for its role in the violence and destruction.
In a gut-wrenching hearing before the US District Court for the Northern District of California last Friday, Palestinian and Palestinian-American plaintiffs testified to the personal cost of the Biden administration's failure to prevent genocide in Gaza.
Their lawsuit, filed by the Center for Constitutional Rights (CCR) in November 2023, accused President Joe Biden, Secretary of State Antony Blinken, and Secretary of Defense Lloyd Austin of failing to live up to their legal responsibilities under the 1948 Genocide Convention and the 1988 Genocide Convention Implementation Act. In particular, they called out the administration's continued provision of diplomatic and military support for Israel amid its relentless military assault on Gaza.
Plaintiffs were asking the court to stop Biden from sending more weapons and munitions to Israel, which has killed nearly 27,000 Palestinians since October 7 and forcibly displaced 2 million more.
Their case was bolstered by a ruling last Friday by the International Court of Justice, which issued provisional measures against Israel in a landmark case brought by South Africa.
Judge "implores" Biden administration to rethink its approach
Senior District Judge Jeffrey S. White emphasized the gravity of Israel and the US' actions in Gaza, but ultimately decided it wasn't within the scope of the court to decide on the case.
"Both the uncontroverted testimony of the Plaintiffs and the expert opinion proffered at the hearing on these motions as well as statements made by various officers of the Israeli government indicate that the ongoing military siege in Gaza is intended to eradicate a whole people and therefore plausibly falls within the international prohibition against genocide," Judge White wrote in his ruling.
"This Court implores Defendants to examine the results of their unflagging support of the military siege against the Palestinians in Gaza," he continued.
"It is every individual's obligation to confront the current siege in Gaza, but it is also this Court's obligation to remain within the metes and bounds of its jurisdictional scope."
Plaintiffs react to judge's ruling in Biden genocide case
While the ruling was not the result they were hoping for, the team behind the lawsuit said the judge's words provided strong support for the case that Israel is committing genocide with US complicity.
"To be clear, this is far from a win for the US government," said CCR Senior Staff Attorney Diala Shamas, who is Palestinian American. "It is unprecedented and damning that a federal court has all but affirmed that Israel is committing a genocide while criticizing defendants Biden, Blinken, and Austin's 'unflagging' support for the acts that constitute that genocide."
Plaintiffs in the case said that while they did not agree with the decision to dismiss the lawsuit, it was validating to share their stories in court.
"My family lived through and was displaced by the first Nakba (catastrophe) in 1948, which the world has barely acknowledged," Waeil Elbhassi said. "Yet in court on Friday, I testified to make a record of Israel's horrific slaughter of my family, and the destruction of my homeland and Palestinian heritage, and to demand that the United States stop giving the Israeli government its total financial and diplomatic support for this ongoing genocide, a second Nakba."
Plaintiff Mohammed Monadel Herzallah said: "It is important that the court recognized the United States is providing unconditional support to Israel's ongoing genocide in Gaza and that a federal court heard Palestinian voices for the first time, but we are still devastated that the court would not take the important step to stop the Biden administration from continuing to support the slaughter of the Palestinian people."
"Currently, my family lacks food, medicine, and the most basic necessities for survival. As Palestinians, we know this is a hard struggle, and as plaintiffs we will continue to do everything in our power to save our people's lives," he added.
Cover photo: REUTERS