He filed a lawsuit initially dismissed by the District Court here in DC. But it was overturned by the Court of Appeals here in DC. And that lawsuit seeks $1 billion in damages from those who enabled the settlements and the settlers to commit war crimes, including genocide, ethnic cleansing and denationalization.
The court reasoned that, based on the U.N. Convention on the Prevention and Punishment of the Crime of Genocide, genocide has a legal, rather than a political, definition. All of the other counts [in the lawsuit] were dismissed as being political, not legal. So that means the case is going back to District Court and there will be litigation on whether Israeli settlers are committing genocide, which is a huge breakthrough.
Continue reading at https://www.wrmea.org/2019-may/the-legal-battle-for-justice-against-israeli-settlers-and-their-american-financiers.html
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
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
222. All Defendants herein had to know the type of heinous criminal activity being engaged in by armed and aggressive settlers and IDF/G4S personnel in the OPT, for any number of reasons. As early as 1990, ethnic cleansing, wanton property destruction, heavy civilian casualties, incarceration, and torture of political prisoners as well as children, were all common knowledge in Israel. Haaretz articles and editorials repeatedly reported on and criticized these criminal activities and settlement expansion. That activity, i.e., ill treatment and violent subjugation of a civilian population, of course, constitutes classic war crimes under the Nuremberg Principles and the U.S. War Crimes Statute. It also violates the UN Genocide Convention.
Continue reading at https://web.archive.org/web/20210314190854/http://www.martinmcmahonlaw.com/Tamimi_Complaint.pdf