Appeal in Biden Gaza Genocide Case Heard Yesterday: Palestinians Argue Court Has Legal Obligation to Hear Their Claims by Al-Haq

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

  1. On June 10, 2024 before a three-judge panel of the Ninth Circuit Court of Appeals, Palestinians from Gaza and Palestinian-Americans with family in Gaza argued that the courts have a constitutional obligation to hear their claims that President Biden, Secretary of State Blinken, and Secretary of Defense Austin violated their legal duty to prevent – and are complicit in – Israel’s genocide in Gaza. The lower court had found a plausible case of genocide and urged the Biden administration to reexamine its “unflagging support” for Israel’s siege of Gaza, but dismissed the lawsuit in January, finding it was not the court’s place to rule on what it determined was a “political question.”

Continue reading at https://www.alhaq.org/advocacy/23290.html

Watch the proceedings at https://www.youtube.com/watch?v=H2Gy6vKZHN0

Declaration of Intervention by the United Mexican States filed in the rerigestry of the International Court of Justice

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

  1. On 6 February 2024, the Registrar addressed a letter to Mexico, being one of the States parties to the Convention to be constructed in the case at hand, about South Africa’s Application instituting proceedings against Israel, in which it invoked the 1948 Convention on the Prevention and Punishment of the Crime of Genocide as a basis for jurisdiction and a substantive basis for claims made on the merits. This notification was founded on the terms of Article 63, paragraph 1, of the Statute, that provides:
  2. “[w]henever the construction of a convention to which states other than those concerned in the case are parties is in question, the Registrar shall notify all such states forthwith.”
  3. In light of the above, the Government of Mexico contends that the present case involves legal questions regarding the rights and obligations of State Parties to the Genocide Convention, which have an erga omnes character, making them opposable to the international community of States as a whole, as well as questions regarding the prohibition to commit genocide, which is to be considered a peremptory norm of general international law under the terms of Article 53 of the Vienna Convention on the Law of Treaties.

Continue reading at https://www.icj-cij.org/sites/default/files/case-related/192/192-20240524-int-01-00-en.pdf

Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine on International Criminal Court website

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Yahya SINWAR (Head of the Islamic Resistance Movement (“Hamas”) in the Gaza Strip), Mohammed Diab Ibrahim AL-MASRI, more commonly known as DEIF (Commander-in-Chief of the military wing of Hamas, known as the Al-Qassam Brigades), and Ismail HANIYEH (Head of Hamas Political Bureau) bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of Israel and the State of Palestine (in the Gaza strip) from at least 7 October 2023: 

  • Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute;
  • Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i);
  • Taking hostages as a war crime, contrary to article 8(2)(c)(iii);
  • Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;
  • Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
  • Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
  • Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
  • Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.

On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Benjamin NETANYAHU, the Prime Minister of Israel, and Yoav GALLANT, the Minister of Defence of Israel, bear criminal responsibility for  the following war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza strip) from at least 8 October 2023:

  • Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;
  • Wilfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i);
  • Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i);
  • Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i);
  • Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity;
  • Persecution as a crime against humanity contrary to article 7(1)(h);
  • Other inhumane acts as crimes against humanity contrary to article 7(1)(k).

Continue reading at https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-kc-applications-arrest-warrants-situation-state

Biden-Gaza Genocide Case: Constitutional and International Law Scholars, Ex-Diplomats, Service Members, and Intelligence Officers Back Palestinians’ Appeal by Center for Constitutional Rights

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

  •  
  • Groups Submitting Amicus Briefs Also Include 139 NGOs From Around the World, Arab-American orgs, Jewish Voice for Peace
  • March 15, 2024, San Francisco – An esteemed array of individuals and organizations is supporting the Palestinians, Palestinian human rights organizations, and Palestinian-Americans who are arguing that the Ninth Circuit Court of Appeals must consider their claims that U.S. officials failed to prevent – and are complicit in – Israel’s genocide in Gaza. Legal scholars, former military leaders and diplomats, civil and human rights groups, and NGOs from around the world submitted amicus briefs in favor of their appeal after a lower court dismissed their case on strictly jurisdictional grounds while finding a “plausible” case for genocide
  • … The Court of Appeals for the Ninth Circuit will hear oral argument in San Francisco in June 2024.

Continue reading at https://ccrjustice.org/home/press-center/press-releases/biden-gaza-genocide-case-constitutional-and-international-law

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

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

  • 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

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

  • 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

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

  • 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

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

  • 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

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

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

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

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