United States: Legal actions afoot over US-backed Israeli genocide in Gaza

November 24, 2023
Issue 
protest
The Center for Constitutional Rights鈥 (CCR) complaint alleges that Israel鈥檚 actions, including 鈥渕ass killings鈥, the targeting of civilian infrastructure and forced expulsions, amount to genocide.

A constitutional rights group in the United States is suing President Joe Biden for 鈥渇ailure to prevent genocide鈥 in Gaza. The legal complaint is on behalf of Palestinian groups and individuals charging Israel鈥檚 actions amount to genocide.

The New York civil liberties group is suing Biden, and two other top government officials, for failing in his duty under international and US laws to prevent Israel committing genocide in Gaza.

The Center for Constitutional Rights鈥 (CCR) alleges that Israel鈥檚 actions, including 鈥渕ass killings鈥, the targeting of civilian infrastructure and forced expulsions, amount to genocide.

The against genocide, to which the US is a signatory, requires countries to use their power and influence to stop the killing.

US 'complicit' in genocide

鈥淎s Israel鈥檚 closest ally and strongest supporter, being its biggest provider of military assistance by a large margin and with Israel being the largest cumulative recipient of US foreign assistance since World War II, the United States has the means available to have a deterrent effect on Israeli officials now pursuing genocidal acts against the Palestinian people in Gaza,鈥 the complaint argues.

The lawsuit, filed in federal court in California, asks the court to bar the US from providing weapons, money and diplomatic support to Israel.

It also seeks a declaration that the president, the secretary of state Antony Blinken and the defense secretary, Lloyd Austin, are required 鈥渢o take all measures within their power to prevent Israel鈥檚 commission of genocidal acts against the Palestinian people of Gaza鈥. These include pressing Israel to end the bombing of Gaza, to lift its siege of the territory and to prevent the forcible expulsion of Palestinians.

The CCR, which in the US Supreme Court in 2004 establishing the rights of prisoners held by the US military at the Guantanamo Bay prison, said that the Hamas cross-border attack on October 7 does not provide a legal justification for the scale of Israel鈥檚 murderous assault on Gaza, which has killed more than 13,000 Palestinians, including more than 6600 children, and displaced 1.5 million people.

Katherine Gallagher, CCR senior attorney and one of the lawyers who brought the case, told Democracy Now! on November 16 that the case against Biden, Blinken and Austin rests on two claims: 鈥淥ne is that they have absolutely and completely failed in their duty under international law and US law to take all measures possible to prevent the unfolding genocide against the Palestinian population in Gaza 鈥 and the second claim is that [the US is] actually complicit in genocide.鈥

Genocide is defined as 鈥渢he specific intent to destroy a group, a national or ethnic group, in whole or in part,鈥 said Gallagher, and 鈥渋s such a serious crime that states are obligated to take all measures within their control, all measures possible 鈥 to stop that鈥.

Gallagher said that the US had failed to do so, despite its 鈥渃onsiderable influence over Israel in the form of hundreds of billions of dollars in military aid that it鈥檚 sent over the decades and billions in the past year鈥.

鈥淚nstead of using that influence to stop the killing, to stop the imposition of a total siege, denying all basic necessities to 2.2 million people in the enclosed space of Gaza,鈥 said Gallagher, the US 鈥渉ave rushed weapons鈥 to Israel and given it 鈥渦nconditional political support鈥.

Moreso, said Gallagher, the US has 鈥渂locked all measures at the international level鈥 against Israel鈥檚 assault.

In regard to US complicity, the CCR is 鈥渓ay[ing] out the case that Israel is actually committing genocide at this moment 鈥 because of the very clear statements of intent by [Israeli] Prime Minister [Benjamin] Netanyahu, by his minister of defense and other senior Israeli officials...

鈥淭hey have been clear that they see 鈥 the people, the children of Gaza, as less than human, describing the population as 鈥榤onsters, or 鈥榟uman animals鈥.

鈥淲e鈥檝e [seen and] heard what has happened to the healthcare and medical facilities: bombed and invaded.鈥

The scale of civilian deaths, systemic collective punishment and 鈥渄eprivation of the most basic necessities of life鈥 in Gaza are identified by the CCR as genocidal.

The CCR says senior Israeli officers stated their 鈥渋ntention to destroy Palestinian life in Gaza鈥. Israeli Major General Ghassan Alian said: 鈥淗uman animals must be treated as such. There will be no electricity and no water [in Gaza], there will only be destruction. You wanted hell, you will get hell.鈥

New ICC investigation

In addition to the CCR鈥檚 suit, according to Al Jazeera, 鈥淎 group of lawyers representing Palestinian victims of have filed a complaint to the International Criminal Court (ICC), arguing that Israel鈥檚 actions amount to the crime of .鈥

French lawyer Gilles Devers, submitted the complaint on behalf of victims to the ICC prosecutor in The Hague.

The suit could result in arrest warrants being issued against Netanyahu and other top Israeli officials.

With mounting allegations of serious war crimes being committed in Gaza, Devers told Al Jazeera that governments that did not wish to be found complicit should refrain from backing Israel.

鈥淕overnments must choose which camp they are on if they support human rights or genocide. They cannot give speeches about international law and human rights and then accept Israel鈥檚 attack without doing nothing,鈥 he said.

Israel does not recognise the ICC, but Devers said that did not render the court ineffective.

In 2021, the ICC ruled that it has authority over grave crimes committed in occupied Palestinian territories, including potential war crimes committed by any party on the ground.

On November 9, urged the ICC to investigate Israel for 鈥渁partheid鈥 as well as 鈥済enocide鈥 and issue arrest warrants for Israeli leaders.

#JusticeForGaza, another initiative, aims to bring together international civil society, political leaders and representatives to petition the ICC over Israel鈥檚 war on Gaza. The leader of Spain鈥檚 leftist Podemos party, , and British left-wing politician , are among more than 80 signatories to that petition.

鈥淲e have sufficient proof for a mandate of arrest against Mr. Netanyahu,鈥 Devers said. 鈥淚f the ICC does nothing, then it鈥檚 the end of the ICC.鈥

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