Israel’s Brutal Assult on Gaza ‘Plausibly’ Amounts to Genocide, US Court Finds

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Gaza Is Plausible Case of Genocide
U.S. Court Concludes Israel’s Assault on Gaza Is Plausible Case of Genocide

US Judge Admits Horror of Gaza Genocide

A grave injustice has been laid bare, as a federal court in California has ruled that Israel’s ruthless military campaign in Gaza “plausibly” amounts to genocide. Yet the court dismissed the case against US support for Israel’s barbarism, absurdly claiming it lacks jurisdiction over matters of foreign policy. We must condemn this cruel charade of justice.

The evidence of potential genocide is overwhelming, as the judge himself conceded, yet he abdicated his duty under a vague appeal to “political questions.” This is moral cowardice masquerading as judicial restraint.

However. The judge noted that the US government doesn’t dispute the uncontradicted evidence of a “genocide in progress.”

While Dismissing Case on Jurisdictional Grounds, U.S. Judge “Implores” Biden Administration to Stop its “Unflagging Support” for Israel’s Ongoing Siege of the Palestinian People in Gaza

The Lawsuit Charges Biden, Blinken and Austin With Arming Israel’s Genocide

The lawsuit alleges that Biden, Blinken and Austin transferred weapons and military equipment to Israel during its unfolding genocide. The defendants have asked Congress to appropriate $14.1 billion in military assistance to Israel — in addition to the $3.8 billion the U.S. already provides to Israel each year. Blinken authorized a $320 million transfer of military equipment to an Israeli manufacturer of precision bomb kits.

“As Israel’s 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 U.S. 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,” the legal complaint states.

The Center for Constitutional Rights (CCR) filed the lawsuit in the U.S. District Court of Northern California on November 13, 2023, on behalf of Palestinian human rights organizations Defense for Children International – Palestine (DCI-P) and Al-Haq, three Palestinian individuals who live in Gaza and five Palestinian Americans who have family in Gaza.

The complaint in Defense for Children International – Palestine v. Biden alleges violations of the Genocide Convention and customary international law which forbids genocide.

Delivering a historic rebuke of Israel and the United States for its flouting of the Genocide Convention, the court wrote: 

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. 

The court recognised the substantial role of the United States in furthering the genocide and noted that “as the ICJ has found, it is plausible that Israel’s conduct amounts to genocide” and, therefore, the “Court implores Defendants to examine the results of their unflagging support of the military siege against the Palestinians in Gaza.” 

The court stated, “It is every individual’s obligation to confront the current siege in Gaza.” 

According to Katherine Gallagher, Senior Staff Attorney at the Center for Constitutional Rights who argued the genocide case before the court, “The court affirmed that what the Palestinian population in Gaza is enduring is a campaign to eradicate a whole people – genocide – and that the United States’ unflagging support for Israel is enabling the killing of tens of thousands of Palestinians and the famine facing millions. While we strongly disagree with the court’s ultimate jurisdictional ruling, we urge the Biden administration to heed the judge’s call to examine and end its deadly course of action. Together with our plaintiffs, we will pursue all legal avenues to stop the genocide and save Palestinian lives.” 

To date over 26 thousand people have been slaughtered in Gaza, the majority of which are women and children. This can be seen as nothing more than collective punishment. Without doubt, Israel’s captive citizens merit liberation, yet their anguish does not justify abandonment of morality itself. In its fury, Israel unleashes collective suffering on the Palestinians, leaving women and children butchered by the thousands. This is not counter-terrorism but terrorism.

Gaza’s smoldering wasteland exposes the bitter fruit of illegal occupation and disproportionate force. Israel’s conduct breaches every humane standard, edging toward the monstrous. This way lies not justice but the annihilation of Israel’s soul.

Embracing atrocity, even when cloaked as retaliation, relinquishes all claim to righteousness. No threatened state can forsake civilized restraints and retain virtue. Israel’s creeping cruelty risks making it the villain of its own history.

The well has been poisoned by decades of brutality and lies. Perhaps the damage is irreparable; the time for reconciliation lost forever. Yet what hope remains requires Israelis to confront themselves and their leaders with harsh truths. The oppressed have become oppressor, the abused now genocidal abuser.

This descent to barbarism shames the memory of Holocaust victims. The persecuted now drive others into the sea or bombard them amidst hospital beds. No equivocation can pardon such disregard for innocent life.

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