On Eve of Israeli Assault on Rafah, Court Grants Expedited Appeal in Biden Gaza Genocide Case by Center for Constitutional Rights

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  • February 28, 2024, San Francisco, CA – Late yesterday, the Ninth Circuit Court of Appeals granted a motion to expedite the appeal of Palestinians and Palestinian-Americans suing U.S. officials for their failure to prevent – and complicity in – Israel’s genocide in Gaza. The Center for Constitutional Rights and co-counsel at Van Der Hout LLP sought the expedited schedule because of the lethal danger and conditions, including mass starvation, intentionally inflicted upon plaintiffs, their families, and all the residents of Gaza, as Israel continues its genocidal assault on the population and prepares a ground assault on Rafah, where more than a million people have taken refuge following their forced evacuation from northern Gaza. The appeals court will set an early June date for oral arguments in San Francisco. 

…In the lawsuit filed in November, a group of Palestinian and Palestinian-American individuals and organizations asked the court to enjoin President Biden, Secretary Blinken, and Secretary Austin from providing weapons and other forms of support to Israel that are being used to further the genocide in violation of domestic and international law. 

Continue reading at https://ccrjustice.org/home/press-center/press-releases/eve-israeli-assault-rafah-court-grants-expedited-appeal-biden-gaza

URGENT REQUEST FOR ADDITIONAL MEASURES UNDER ARTICLE 75(1) OF THE RULES OF COURT OF THE INTERNATIONAL COURT OF JUSTICE by South Africa

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  • The Republic of South Africa is gravely concerned that the unprecedented military offensive against Rafah, as announced by the State of Israel, has already led to and will result in further largescale killing, harm and destruction in serious and irreparable breach both of the Genocide Convention and of the Court’s Order of 26 January 2024. Accordingly, and having regard to the situation of extreme emergency, the Republic of South Africa respectfully requests that the Court exceptionally consider exercising its power under Article 75(1) of the Rules of Court.
  • … South Africa thus respectfully calls upon the Court to consider as a matter of the greatest urgency whether the developing circumstances in Rafah require that it exercise its power under Article 75(1) of the Rules of Court to prevent further imminent breach of the rights of Palestinians in Gaza. South Africa also reserves its own rights to take further action in respect of the situation.

Continue reading at https://www.icj-cij.org/sites/default/files/case-related/192/192-20240212-wri-01-00-en.pdf

Read Israel’s observations on the request at https://www.icj-cij.org/sites/default/files/case-related/192/192-20240215-wri-01-00-en.pdf

Read the court decision https://www.icj-cij.org/sites/default/files/case-related/192/192-20240216-pre-01-00-en.pdf

U.S. Court Concludes Israel’s Assault on Gaza Is Plausible Case of Genocide by Center for Constitutional Rights

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  • 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
    … January 31, 2024, Oakland, CA – After a federal court heard arguments and testimony in the case Defense for Children International – Palestine v. Biden on Friday, January 26, charging the Biden administration with failing in its duty to prevent, and otherwise aiding and abetting, the unfolding genocide in Gaza, a federal judge found that Israel is plausibly engaging in genocide of the Palestinian people in Gaza and that the United States is providing “unflagging support” for the massive attacks on Palestinian civilians in contravention of international law. 

Continue reading at https://ccrjustice.org/home/press-center/press-releases/us-court-concludes-israel-s-assault-gaza-plausible-case-genocide

Defense for Children International-Palestine v. Biden at Northern District of California Court

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  • Case Summary: 4:23-cv-05829-JSW
  • Plaintiffs, representing Palestinian human rights organizations and individuals, sue the US Government under international human rights law for its failure to exercise influence over Israel to prevent genocide.

Watch at https://www.uscourts.gov/cameras-courts/defense-children-international-palestine-v-biden

THE HAGUE – The International Court of Justice (ICJ) delivers its Order in the case South Africa v. Israel on UN Web TV

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Continue watching at https://webtv.un.org/en/asset/k1u/k1uwq4cxuv

Read the full summary at https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-sum-01-00-en.pdf

THE HAGUE – The International Court of Justice (ICJ) holds public hearings in the case South Africa v. Israel on United Nations Web TV

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South Africa

Israel

Continue watching South Africa at https://webtv.un.org/en/asset/k11/k11gf661b3

Continue watching Israel at https://webtv.un.org/en/asset/k1c/k1c10lsjoq

THE DAWABSHEH FAMILY, ET AL. v. BENJAMIN NETANYAHU, ET AL. at the United States District Court for the District of Columbia

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After this Court has heard the evidence concerning the war crimes committed, financed, promoted, encouraged by the Defendants named herein EFC, Plaintiffs would request that the Court consider whether it is appropriate to entertain a punitive damages award against all defendants, especially since war crimes, wanton destruction of property, ethnic genocide are involved.

Continue reading at https://www.commondreams.org/sites/default/files/lawsuit.pdf

A Lawsuit Could Expose U.S. Organizations’ Involvement in West Bank Settlements by Zaha Hassan at Carnegie Endowment for International Peace

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The case almost ended abruptly when a judge dismissed the plaintiffs’ claims in August 2017, asserting that the matter was outside the court’s purview. But the appeals court found that not all the issues at stake were political and beyond the court’s jurisdiction. Its ruling came down to two pivotal questions: whether the court would have to determine who held sovereignty over the territory in question, and whether the judges were empowered to hear claims of genocide allegedly committed by Israeli settlers funded by the defendants.

Continue reading at https://carnegieendowment.org/2019/02/27/lawsuit-could-expose-u.s.-organizations-involvement-in-west-bank-settlements-pub-78464

Adelson, Israeli Banks Must Defend Palestinians’ U.S. Suit on Fortune

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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.

Continue reading at http://fortune.com/2019/02/19/adelson-israeli-banks-must-defend-palestinians-u-s-suit/

BASSEM AL-TAMIMI, ET AL. v. SHELDON ADELSON, ET AL. Appeal from the United States District Court for the District of Columbia

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The plaintiffs, both Palestinian nationals and Palestinian
Americans, claim the defendants, pro-Israeli American
individuals and entities, are conspiring to expel all non-Jews
from territory whose sovereignty is in dispute. They sued in
federal district court, pressing four claims: (1) civil conspiracy,
(2) genocide and other war crimes, (3) aiding and abetting
genocide and other war crimes and (4) trespass. Concluding
that all four claims raise nonjusticiable political questions, the
district court dismissed the complaint for lack of subject matter
jurisdiction. We now reverse.

… the second potential political question presented—are Israeli settlers committing genocide—is a purely legal issue… Genocide has a legal
definition. See United Nations Convention on the Prevention and Punishment of the Crime of Genocide art. 2, Dec. 9, 1948, 78 U.N.T.S. 277, 280 (defining genocide, in part, as “[k]illing members of [a national, ethnic, racial or religious group]” “with intent to destroy [the group], in whole or in part”). Thus… by incorporating the law of nations and the definitions included therein—provides a judicially manageable standard to determine whether Israeli settlers are committing genocide… We are well able… to apply the standards enunciated by the Supreme Court to the facts of this case.

Continue reading at https://www.cadc.uscourts.gov/internet/opinions.nsf/0/A3E75E70F0CD8003852583A6005636CA/$file/17-5207-1773741.pdf