The case, Defense for Children International–Palestine v. Biden, was initially filed on Nov. 13, 2023, by Palestinian human rights groups and individuals with support from the Center for Constitutional Rights and the law firm Van Der Hout LLP.
The lawsuit accused Biden, Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin of failing to prevent what was then an "unfolding genocide" against Palestinians in Gaza amid Israeli military actions in the Strip. (Related: Genocide case against Israel gets underway at International Court of Justice.)
The complaint claimed that by the time of the filing, around 11,000 Palestinians, mostly women and children, had already been killed by Israeli forces.
By Sept. 10, reports from Gaza's Health Ministry indicated that Israel had already killed at least 41,020 Palestinians and wounded 94,925.
A federal judge in Oakland, California dismissed this lawsuit in February, citing a lack of jurisdiction.
This has led to more than half a dozen groups of human rights organizations, former diplomats and activists urging for a rehearing. Several amicus curiae briefs were submitted on Sept. 9, arguing that the court should revisit its decision and address whether the actions of the U.S. president violated laws that govern foreign policy conduct.
"The Panel’s decision is one of profound importance, doing serious damage to Congress and the Judiciary, the rule of law, and the United States’ credibility in the world," one brief filed by former U.S. intelligence officers and diplomats said. "U.S. statutes prohibit committing or assisting genocide and mass atrocities, mankind’s worst crime."
Two leading rights organizations that submitted briefs, the Jewish Voice For Peace and If Not Now, argued that the Biden administration's policies violated the U.S. memorandum on arms transfer, which prohibits the transfer of weapons to countries where they might be used to facilitate genocide.
"The Israeli assault on Gaza employs the same tools of dehumanization, intentional starvation, and mass slaughter used in past genocides, and which we, as Jews, recognize," the groups said.
If the Ninth Circuit U.S. Court of Appeals in San Francisco grants the request for a rehearing, the court's full 11-judge panel, known as an en banc court, would review the case.
U.S. military aid to Israel makes Washington complicit in genocide
In January, the Biden administration argued that the suit involves "quintessential political questions" outside the court's purview. The defendants assert that the case attempts to "superintend the Executive Branch's foreign policy and national security judgment." They responded with a motion to dismiss.
Their defense rests on the claim that Israel, as a sovereign nation, controls its military operations and that the plaintiffs have not sufficiently demonstrated that their alleged injuries can be directly attributed to U.S. support. They claimed that the aid provided to Israel has complied with international humanitarian law to "mitigate the humanitarian crisis" in Gaza, such as a U.S.-facilitated seven-day pause in fighting.
At that time, the motion to dismiss argued that the plaintiffs lacked jurisdiction, the case presented a "nonjusticiable political question" and that the Genocide Convention does not establish a "private right of action." Additionally, U.S. officials have rejected genocide allegations against Israel, with Strategic Communications Coordinator for the National Security Council John Kirby calling such claims "unfounded."
"That’s not a word that ought to be thrown around lightly. And we certainly don’t believe that it applies here," Kirby stated in a January press briefing.
However, Michael Barnett, a professor at George Washington University stated that the lawsuit could still have significant political ramifications even if the case is dismissed.
"What really matters is that you make noise, raise the attention and volume," Barnett said. "You get the ability to stand in court, and register your overall concerns and make your case. The fact that the U.S. is being charged with actual complicity in these crimes against its longtime ally and friend, Israel, is extraordinary. I think it's worth pausing and taking in this moment because you’re beginning to see American politicians and people in the executive wing begin to reconsider that relationship."
Follow Genocide.news for more stories about the ongoing genocide in Gaza.
Watch the video below about Middle East analyst Mouin Rabbani's commentary regarding Western politicians being fundamentally racist toward Palestinians on the issue of Gaza genocide.
This video is from the Puretrauma357 channel on Brighteon.com.
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Green Party becomes first political party in Britain to declare Israel’s war in Gaza a GENOCIDE.
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