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The ruling raises the prospect whether a U.S. court has to determine Israeli settlers committed war crimes and whether those targeted in the suit are financially liable. U.S. Circuit Judge Karen LeCraft Henderson said in her decision that the sovereignty issue was separate from a broader question of whether war crimes, including genocide, were being committed there.
“A legal determination that Israeli settlers commit genocide in the disputed territory would not decide ownership of the disputed territory and thus would not directly contradict any foreign policy choice,” Henderson said in a ruling joined by U.S. Circuit judges Nina Pillard and Harry Edwards.