By Bill Hackwell on January 26, 2024 in Oakland California
Palestinian plaintiffs rally with supporters after their testimony in court, photo: Bill Hackwell
Just a few hours after the International Court of Justice (ICJ) issued its provisional ruling on South Africa’s charge of Israel’s long genocidal attack on Gaza in The Hague today, another legal battle played out in the US Federal District Court of Northern California in Oakland. Only this lawsuit was directed at the Biden Administration’s complicity and enabling of Israel’s genocide against the Palestinian people. The lawsuit, filed by the Center for Constitutional Rights (CCR) asked Judge Jeffrey White to force the White House to withdraw US support of Israel and accused President Biden, Secretary of State Antony Blinken and Secretary of Defense Lloyd Austen of abetting a genocide of the Palestinian people, clearly indicating that the months long devastating assault on Palestine could not be taking place without the full approval and massive amounts of military aid of the US government.
US federal court in Oakland, photo: Bill Hackwell
Powerful and tearful testimony went on for 5 hours from plaintiffs including Omar Al-Najjar, Ahmed Abu Artema, and Mohammed Ahmed Abu Rokbeh—all currently in Gaza through video conference with the court; Mohammad Monadel Herzallah, Laila Elhaddad, Waeil Elbhassi, Basim Elkarra, and “A.N.”—all U.S. citizens with family members in Gaza in the court; and human rights groups Defense for Children International–Palestine and Al-Haq. Seventy-seven international human rights organizations, bar associations and lawyers filed an amicus brief in favor of the plaintiffs. Collectively the plaintiffs have lost over 100 family members since October.
Another submission to the case came from Dr. Barry Trachtenberg, a genocide and Holocaust scholar who submitted a declaration with other historians, said, “Israel’s assault on Gaza has been funded by the American people, fought with U.S.-supplied weapons, and encouraged by a complicit White House. Unlike past genocides, which were adjudicated long after they had concluded, we have an opportunity to halt this one in its tracks. Palestinians have suffered far too much and for far too long.”
The Biden administration is seeking to dismiss the case arguing that the courts have no jurisdiction and cannot superintend over the executive branch’s foreign policy. So who does Biden answer to? Twice since October his administration has expedited the sale of weapons to the Israeli military, while by passing any congressional review. As more and more voices are calling for a cease fire and with the heroic resistance in Gaza continuing against all odds, there is a level of panic in the White House because they are losing their grip on the situation in Palestine and in the Middle East region in general.
Resistance and Support
photo: ashoswai
The entire time the court proceedings were unfolding the plaza in front of the Ronald Dellums Federal Building remained filled with hundreds of Palestinian supporters calling for an end to the genocide in strong and creative expressions. The block in front of the court on Clay Street was completely painted with the words, “Biden: Complicit in Genocide”. Meanwhile on the other side of the building hundreds more trade unionists and members of Jewish Voices for Peace unfurled what seemed like an endless paper with all the names of the over 25,000 people killed in the Israeli onslaught. The sheer length of the paper had a sobering impact and a reminder that each one of those people, babies and elderly alike, had a name, a family, and came from a community.
The names of the over 25,000 Gazan deaths. photo: Bill Hackwell
Co-counsel in the hearing, Marc Van Der Hout said after court, “The testimony of our clients today was both heart-wrenching and compelling. Defendants merely argued in response that whether or not there is an unfolding genocide by Israel in Gaza that the U.S. is assisting, no court has jurisdiction to tell the president what he can and cannot do. But as this administration itself has argued countless times, no president is above the law, and it is up to the courts to make sure the executive branch follows the law. That is what we are asking Judge White to do.”
Van Der Hout went on to say that he thought Judge White was sympathetic and listened to the plaintiffs. In fact he started the proceedings by listing the human tragedy of all the destruction of hospitals, schools and homes in Gaza. When asked what would come out of a favorable decision he said he wasn’t sure but it would be one more important indictment of the US role in the genocide of Gaza.
The court hearing today was a step but what will be defining is the sustained role of the people in streets of the US and other countries making it impossible for Gaza to be just a problem far away and out of sight.
A recording of the arguments and testimony will be available on the court’s website.
Source: Resumen Latinoamericano – US