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.”
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