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

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  • 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

We notified the 9th Circuit Court of Appeals that we are appealing the dismissal in DCI Palestine v. Biden. on The Center for Constitutional Rights

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Continue reading the thread at https://twitter.com/theCCR/status/1761074711562244363

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

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

Palestinian Journalists’ Syndicate Files Amicus Brief in U.S. Genocide Lawsuit Against Biden by Anan Quzmar

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  • January 2, 2024, Ramallah — Last week, the Palestinian Journalists’ Syndicate (PJS) filed an amicus brief in U.S. federal court highlighting the unprecedented number of targeted and lethal Israeli attacks against Palestinian journalists amid the ongoing genocide in Gaza. The brief was filed in support of a lawsuit, Defense for Children International-Palestine v. Biden, that seeks to block further U.S. military and diplomatic support to Israel on grounds that Israel is committing genocide in Gaza and U.S. officials have a legal obligation to prevent—and not enable—this crime. The lawsuit was brought by the U.S.-based Center for Constitutional Rights and the law firm Van Der Hout LLP. 

Continue reading at https://www.linkedin.com/pulse/palestinian-journalists-syndicate-files-amicus-brief-us-anan-quzmar-1ennf

New Filings in Gaza Genocide Lawsuit: Palestinians Refute Biden Admin Arguments That Court Cannot Review Its Role in Furthering Israel’s Genocide by Center for Constitutional Rights

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December 23, 2023, New York – Hours after the U.S. abstained on a United Nations Security Council resolution that it had delayed for days seeking to allow humanitarian aid to Gaza, Palestinian organizations and individuals filed a reply last night to the U.S. government’s response to their genocide caseDefense for Children International-Palestine v. Biden. The filing supports the Palestinian plaintiffs’ request that the court immediately order the U.S. to stop supporting Israel’s unfolding genocide of Palestinians in Gaza and opposes the government’s efforts to have the case dismissed. 

The Center for Constitutional Rights and co-counsel Van Der Hout LLP submitted detailed, sobering declarations from several of the plaintiffs (linked below) and from Josh Paul, the former high-ranking State Department official who resigned to protest U.S. support for and continued transfer of arms to Israel that would be used to commit human rights abuses and lead to significant civilian casualties in Gaza. The plaintiffs’ declarations describe additional harms and deaths –  including at least 50 members of Al Haq’s Ahmed Abofoul’s extended family – suffered since they filed their complaint in mid-November, underscoring the need for an immediate injunction.  

Continue reading at https://ccrjustice.org/home/press-center/press-releases/new-filings-gaza-genocide-lawsuit-palestinians-refute-biden-admin

Biden Tries to Evade Legal Responsibility for Failure to Prevent – and Complicity in – Israel’s Genocide in Gaza by Center for Constitutional Rights

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The U.S. government’s filing came hours after it vetoed a United Nations Security Council resolution calling for a ceasefire. The U.S. government’s filing is no less disappointing for being predictable. President Biden, Secretary Blinken, and Secretary Austin are attempting to evade legal responsibility for their failure to prevent – and complicity in – Israel’s unfolding genocide of Palestinians in the Gaza Strip. Their lawyers focus on jurisdictional issues rather than the substance of the lawsuit, which was brought by Palestinian human rights groups, Palestinians who live in Gaza, and Palestinians in the U.S. with family members who live in Gaza. On their behalf, we are seeking an emergency court order to halt U.S. support for Israel’s unrelenting assault and brutal siege. The complaint presents extensive and powerful evidence that Israel is committing genocide.

Full motion can be read here https://ccrjustice.org/sites/default/files/attach/2023/11/Declaration%20Expert%20William%20Schabas_w.pdf

Continue reading at https://ccrjustice.org/home/press-center/press-releases/biden-tries-evade-legal-responsibility-failure-prevent-and-0

In Gaza Genocide Case, Palestinians Seek Immediate Court Order to Stop Biden from Arming and Funding Israeli Government, Cite His Legal Duty to Prevent, Not Further, Genocide by Center for Constitutional Rights

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On Monday, the plaintiffs, represented by the Center for Constitutional Rights with the law firm of Van Der Hout, LLP,  sued Biden, Blinken, and Austin for their failure to prevent genocide. Now the plaintiffs are seeking a preliminary injunction that would halt U.S. support for Israel as it carries out its assault and siege on Gaza while the broader case is being decided. It is needed, they say, to protect them from “irreparable harm.” Some of the plaintiffs face a grave risk of death as a result of Israel’s war on Gaza, which U.S. officials are aiding. Collectively, at least 116 of the plaintiffs’ family members have already been killed in Gaza by Israel since October 8th. 

“Our team has had to update more than once the numbers of our clients’ relatives who have been killed as we prepared this lawsuit and motion,” said Astha Sharma Pokharel, an attorney at the Center for Constitutional Rights. “There is no starker illustration of how urgently this injunction is needed.”

Continue reading at https://ccrjustice.org/home/press-center/press-releases/gaza-genocide-case-palestinians-seek-immediate-court-order-stop

Stop the Genocide: United States Complicity and Failure to Prevent the Israeli Government’s Unfolding Genocide of Palestinians 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.

On November 13, the Center for Constitutional Rights filed a federal lawsuit, Defense for Children International—Palestine, et al. v. . Joseph Biden, et al., on behalf of Palestinian human rights organizations and Palestinians in Gaza and the U.S. Plaintiffs are suing President Biden, Secretary of State Blinken, and Defense Secretary Austin for their failure to prevent and complicity in the  Israeli government’s unfolding genocide against them, their families, and the 2.2 million Palestinians in Gaza. The case against the three high-level U.S. officials argues that they are violating international law, including those codified in the 1948 Genocide Convention and the corresponding Genocide Convention Implementation Act (18 U.S.C. § 1091) passed by the U.S. Congress in 1988.

The lawsuit situates the unfolding genocide within a history of Israeli actions against the Palestinian people – starting with the Nakba in 1948. It sets out how Defendants Biden, Blinken, and Austin have not only failed to prevent the genocide of the Palestinian people in Gaza but have helped advance the gravest of crimes by continuing to provide the Israeli government with unconditional military and diplomatic support, coordinating closely on military strategy, and undermining efforts by the international community to stop Israel’s unrelenting and unprecedented bombing campaign and total siege of Gaza.

Plaintiffs are filing this federal complaint for declaratory and injunctive relief asking the court to declare that these U.S. officials have failed to prevent genocide and are aiding and abetting genocide, and to order an end to U.S. military and diplomatic support to Israel. The lawsuit is accompanied by a preliminary injunction (PI) motion, which seeks an emergency order to prohibit any further U.S. military and diplomatic support to the Israeli government while the case is being considered.

Continue reading at https://ccrjustice.org/stop-the-genocide