"Palestinian plaintiffs and their legal representatives on Friday [January 26, 2024] presented a powerful case in federal court accusing President Joe Biden and other top US officials of complicity in Israel's genocide in Gaza.
People around the world tuned in for the long-awaited hearing in Oakland, with plaintiffs appearing in person and over Zoom in an unprecedented effort to hold the Biden administration accountable for its actions in Gaza.
The Center for Constitutional Rights (CCR) filed the lawsuit in November 2023 on behalf of Defense for Children International–Palestine, Al-Haq, and eight Palestinians in the US and Palestine. The complaint accuses 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.
The United Nations 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.
[Note: This is a big reason why politicians almost never call it a genocide, btw. Because if a country recognizes that it's a genocide, then they actually are legally required to do a bunch of things to stop it, under international law.]
The historic lawsuit contends that the Biden administration has failed to uphold its obligations by continuing to provide diplomatic and military support for Israel's brutal campaign in Gaza. Plaintiffs are asking the court to stop Biden from sending more weapons and munitions to Israel that are being used to kill Palestinians en masse.
The hearing before the US District Court for the Northern District of California took place just hours after the International Court of Justice issued provisional measures against Israel in a landmark case brought by South Africa.
-via TAG24, January 26, 2024. Article continues below.
In evaluating the allegations, questioning in Friday's hearing revolved around the so-called political question doctrine, by which federal courts regularly refrain from ruling on political matters seen as best resolved by the president and Congress.
The Department of Justice argued that according to the doctrine, the court has no jurisdiction to rule in the case.
"If the court condemns United States foreign policy toward Israel, it could cause international embarrassment and undermine foreign policy decisions in the sensitive context of the Israeli-Palestinian conflict," defense counsel Jean Lin told Senior District Judge Jeffrey S. White.
Katherine Gallagher of the CCR countered that the court does, indeed, have a responsibility to step in: "Here, the question is a legal one, whether the actions undertaken by the United States failed to uphold the obligation to prevent genocide, and that is an active obligation that requires that the United States not provide the means by which a genocide is being furthered."
"There is no discretion for any state to evade its obligations, its legal obligations. These are not policy decisions," she said.
After legal arguments in the case, Judge White heard two hours of gut-wrenching testimony from Palestinian plaintiffs and a renowned Holocaust and genocide expert.
Rubin Presidential Chair of Jewish History at Wake Forest University Dr. Barry Trachtenberg shared his remarks before the court in spite of vehement US government opposition.
"To have an event fall under the 1948 Convention on Genocide requires both action and intent, and here we see that very, very clearly in a way that seems really quite unique in history," he stated, noting that there is now an opportunity to stop Israel's unfolding genocide in real time to prevent further loss of lives...
Judge White said he would take the testimonies to heart as he evaluates his constitutional responsibilities, describing the case as "the most difficult judicial decision" he has ever had to make."
-via TAG24, January 26, 2024
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Note: I know a lot of people are really not gonna appreciate that last line. I'm not thrilled with it either. But it is worth noting that having a federal court overrule the US president's huge foreign policy and military decisions would be an absolutely massive deal/precedent
This is a case that deserves to be ruled on with an incredible amount of seriousness, if only because if you're a federal judge who's going to make that call, your written decision/legal justification needs to be unimpeachable
That said, if the judge uses jurisdiction to pass the buck here and avoid his legal and human responsibility to do what he can to stop a genocide, I'm gonna be pissed
Please donate or share my story 💔🍉
Hello everyone, I am Lana, a university student from gaza. I was in my second year of studying software engineering when the war came and took everything. It took my beautiful new home, which we had just built after losing our previous one in the 2014 war. It also took away many of my friends and family members...
We emerged from the rubble of our home at the start of the war, after losing many of our family members. My father was severely injured, left battling pain and the brink of death.
We were forced to leave our area and head to southern Gaza, engulfed in fear and panic, passing by tanks and the sounds of shelling all around us. We found ourselves compelled to seek refuge in a tent, far away from our homeland and dreams.
We were forced to relocate around eight times from tent to tent, intensifying our suffering. Each tent carries with it memories of pain and lost hope, lacking safety and privacy, flooded by cold rain, and devoid of food and medicine. Each time we try to start anew, we find ourselves facing the struggle for survival in harsh conditions, surrounded by anxiety and turmoil.
Life in Gaza is like living on the edge of survival every single day. The air feels heavy with uncertainty, as if every breath could be the last. There’s an overwhelming sense of loss in every corner—homes reduced to rubble, dreams shattered, and families torn apart. Every day is a battle, not just against the physical destruction, but against the hunger, the fear, and the feeling of being forgotten by the world. It’s a life where hope flickers like a candle in the wind, constantly threatened by the darkness around.
I need your help to get through this ordeal. Any small support can make a difference. Please remember that we are living in hell and we need hope to survive..💔🙏
Children in Gaza can tell an F-16 from an F-35 from a drone. They know a whole litany of things that are beyond their years. Things that they shouldn’t have to know. Over 10,000 children have been killed in Gaza. The children who have survived have seen their families, friends and neighbors killed by the Israeli army. They have seen near-death by starvation and death by suffocation, under the rubble and by explosion. Children in Gaza do not have the luxury of death being a mystery. It is a daily presence. If a child in Gaza is hungry, they know not to throw a tantrum. They have become used to feeling hunger. The same is true of the cold. Every child in Gaza now knows what it is to be unhoused, to sleep in a tent or on the streets in winter.
the trending tab has already been cleared of Palestine very disappointed, the strike hasn't even fully ended yet. Anyway here are some links. Free Palestine.
Daily clicks to donate ^ ITS LITERALLY FREE
eSims donations ^
inform yourself this website helps a lot with understanding the history of the situation and why israel is committing genocide ^
innocent people are dying. there is an attempt to erase the history and culture and an entire people. there has been for years now. israel is not an innocent country who was "defending themselves", isreal is a SETTLER COLONY and has been trying to wipe out palestine for a long time, to the point where nuclear warfare has been discussed. this is not ok.
these are just a few ways to help there are literally so many posts with information and links to donate. its ok if youre unable to donate, but i think at this point theres no reason you shouldnt understand how severe and horrendous it is what israel is doing to palestine. i know it took me awhile to learn about it and i regret it, but spreading information works and i hope if you see this post and never thought to understand what is happening, that it gives you a push to do so.
Amidst the horrific, inhumane, disgusting treatment the people of Palestine are facing day by day, I want to remind every single person of one thing;
Countries like America, the UK, Western supremacies, are always always always going to be colonizers. They're always going to be slavers. They are always always always going to be oppressors. Always. These countries have blood on their hands. They have no right to escape it.
Blood isn't washed; It's hidden.
When this is over, when the last mother has cried, when the last child has bled, when the last bomb drops, and humanity comes back to life, like it always does, don't ever, ever forget what Israel did. And don't let Israel forget, either.
In light of the ceasefire agreement, Gaza needs resources now more than ever, and you absolutely should continue donating. Here are some important campaigns:
1. Gaza Funds - provide direct support
2. Life for Gaza - rebuild vital infrastructure
3. Crips for eSims for Gaza - keep Gaza connected
4. The Ghassan Abu Sittah Children's Fund - provide medical support for children
Hello everyone! I'm 21 years old and I was studying mobile computing before this madness started. Struggling to secure clean water and food and feeling safe is not bearable anymore. Over the past 4 months we have lost a lot and I can't bear it anymore. Our education has been stopped for the past months and my university was even bombed (like almost all universities in Gaza). That's why im appealing to you. I need your help to get out of Gaza with my parents and 4 siblings Shams, Sondos, Saleh and Hussam. I just wish to have a normal life, once we are in Egypt we will start again, but the biggest issue is in securing the money needed to get out of Gaza. It costs for us 30000 dollars. Asking for help is not easy, but we are left with no choice. Your support could mean the difference between life and death for my family. We are deeply grateful for any assistance you can provide. Thank you for your kindness and generosity in our time of need
I deeply wish I could offer money to support, but unfortunately, I am poor myself and don't have an income.
I wish you all the best, and I hope someone can and will donate to you and your family
Just a general reminder that the week of 18-24 February is another strike. Please don't ignore this, no one has the excuse of it being too spontaneous this time as it has been planned since the strike in January ended. Don't talk about anything other than the injustices in the world. Talk about Palestine. Talk about Sudan. Talk about the republic of Congo. Talk about West Papua. Do not let anyone forget about any of the genocides going on rn.
via @wizard_bisan1
21 January 2024
Hi everyone, it’s Bisan from Gaza, I am still alive Alhamdullah.. it’s been 107 days of genocide, 15 weeks, 2568 hours of killing us, taking over our homes and lands in Gaza Strip, and forcing us to choose between leaving or death.. and sometimes we can’t even choose.. the Israeli air strikes simply kill us without any warnings. Now, we are without any connection, neither the internet nor the cellular, we can’t reach each other’s inside Gaza, we don’t know if our families and friends are alive or not, wounded or not.. still in their places or not! We take hours of walking and searching to reach someone, while moving became very risky! We can’t reach to you as well! The footage, information and news from Gaza are not reaching you as before because the Israeli army intentionally destroyers the signal towers and the servers, even using the E-SIM requires being in a high place which is very risky!. I borrowed this vest to upload this post! I am not scared of death, but of being displaced, scared of losing my family or friends, scared of being wounded and can’t have my treatment because the health system is collapsed in Gaza, and to die in pain! I am not scared of the destruction.. I lost my work place.. my home and my family work place and source of income, I am terrified of being killed by an occupier, and to be forgotten, one oppressed Bisan of a whole occupied people. The strongest governments and weapons manufacturers are supporting this genocide against my people, and you are our only hope! STRIKE globally and call for a ceasefire! Strike, protest, stop the economic movements and make pressure on your countries to stand against this and stop it, if ISRAhell don’t find the financial and weapons support, or governments to hide their crimes they will be forced to stop the genocide! Go to the streets, protest and Globally strike for a week, (21-28) January! YALLA Brave and free people of the world, CEASEFIRE NOW!
(i Will go back to everlasting haitus if that GFM slows down too much btw, seeing it to its goal ASAP is my primary focus right now)