Oakland, California - Shortly before a historic court hearing, Palestinians and Palestinian Americans shared their expectations as they seek to hold President Joe Biden and other top US officials accountable for failing to prevent genocide in Gaza.

"Today, after 112 days of genocide, Palestinians will have their day in court," Tarek Ismail, associate professor of law at the CUNY School of Law, said in a briefing ahead of the hearing in Oakland.

The Center for Constitutional Rights (CCR) filed the federal lawsuit in November 2023 on behalf of Defense for Children International–Palestine, Al-Haq, and eight Palestinians in the US and Palestine.

Their complaint argues that Joe Biden, Secretary of State Antony Blinken, and Secretary of Defense Lloyd Austin have failed to live up to their legal responsibilities under the 1948 Genocide Convention and the Genocide Convention Implementation Act, passed by Congress in 1988.

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The United Nations' Genocide Convention classifies complicity in genocide, or the intentional destruction of a people in whole or in part, as a crime under international law and requires that states take measures to prevent such atrocities.

The suit, Defense for Children International–Palestine v. Biden, points to the Biden administration's continued diplomatic and military support for Israel, including the authorization of US weapons transfers, as grave violations of those obligations.

The death toll in Gaza has surpassed 26,000 people as millions more have been displaced from their homes. Denial of food, water, medical supplies, and other basic necessities have made life in Gaza an inescapable nightmare for many – the latest string of atrocities since the 1948 Nakba, which saw over 750,000 Palestinians expelled from their ancestral homes.

"For more than 75 years, we've never had our human rights respected for a single day," said Palestinian-American international lawyer and activist Lara Elborno.

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"We're talking about generations of Palestinians who have lived deep, deep trauma that has never been allowed to heal. We have never been allowed to get to the point where the trauma has ceased and we actually begin to heal and begin to grieve and begin to move forward with our lives. Instead, the trauma continues to accumulate and accumulate and accumulate."

She sees the CCR's case as a step toward "trying to finally bring an end to this 75 years of impunity and lack of accountability that has allowed us to get to this point."

The hearing is due to start just hours after the International Court of Justice (ICJ) refused Israel's request to toss out a case presented by South Africa arguing that Israel's actions in Gaza since October 7 violate the Genocide Convention.

The 17-judge panel granted, in part, South Africa's request for provisional measures to protect Palestinian lives, including requiring Israel to limit civilian casualties, boost humanitarian aid to Gaza, and produce a report within one month detailing its efforts to comply with the court's orders. The ruling fell short of calling for a ceasefire.

The decision is expected to have implications for the federal case against Biden, Blinken, and Austin.

"We do not have to wait for genocide to be complete to know that there is enough to tell us that we should do what's necessary in order to prevent it," explained Noura Erakat, associate professor of Africana Studies and the Program of Criminal Justice at Rutgers University.

Palestinians and Palestinian Americans are hoping the CCR's case will spark wider actions in support of Palestinian freedom.

"I hope, and on behalf of my family and everybody I love and care about, that today's hearing will ignite a broader conversation about Palestinian rights and the Palestinian struggle for justice and liberation and the urgent need for ending the killing in Gaza," said Jehad Abusalim, executive director of The Jerusalem Fund.

"Let us remember today that behind the statistics and the headlines, there are real people with real stories of loss and resilience, and an unyielding hope and struggle for a better future," he added.

The hearing before the US District Court for the Northern District of California is scheduled to begin at 12:00 PM ET.