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Gaza lawsuit against Biden, Blinken and Austin [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2023-11-15
In U.S. District Court in San Francisco on Monday, November 13, the Center for Constitutional Rights (CCR) filed suit against President Biden, Secretary of State Blinken, and Secretary of Defense Austin on behalf of two Palestinian organizations and eight Palestinians, three living in Gaza and five in the U.S.
A San Francisco Chronicle article about the lawsuit says the plaintiffs are seeking injunctions that would require administration officials to “take all measures within their power” to end the bombing of Gaza, lift Israel’s siege of the territory and its evacuation orders for 1.2 million residents of northern Gaza, and stop “obstructing attempts by the international community to implement a ceasefire.” www.sfchronicle.com/…
Among the plaintiffs, Al-Haq and Defense for Children International–Palestine (DCIP) are two Palestinian organizations promoting the human rights of Palestinians in the West Bank, East Jerusalem, and Gaza. The lawsuit is also brought by three people in Gaza: Ahmed Abu Artema, founder of the 2018 Great March of Return; Dr. Omar Al-Najjar, a 24-year-old intern physician at Nasser Medical Complex; and Mohammed Ahmed Abu Rokbeh, a researcher with DCIP.
These plaintiffs reside with surviving family members in Gaza, where they have been subjected to a suffocating siege, coupled with indiscriminate Israeli bombardment that killed six members of Ahmed Abu Artema’s family, including his 12-year-old son, five members of Dr. Al-Najjar’s extended family, and eight of Mr. Abu Rokbeh’s. All have been displaced several times in the last few weeks as they seek refuge for themselves and their families. ccrjustice.org/...
Also among the plaintiffs are five Palestinian-Americans from the Bay Area whose families in Gaza remain “precariously vulnerable”
to Israel’s continued direct attacks against civilians and civilian infrastructure, indiscriminate bombardment, and its continued withholding of critical life supporting necessities of water, fuel, and electricity. Together, the individual plaintiffs counted over 100 members of their families killed at the time of filing. ccrjustice.org/…
The S.F. Chronicle article points out that it is unclear whether courts would have the power to order the administration to do anything regarding foreign policy, but those supporting the suit say “the horrors of the current situation justify unprecedented legal action.” As one plaintiff from the Bay Area who has lost seven family members explains:
“I have done everything in my power. I have participated in protests, sit-ins, wrote letters to my representatives, civil disobedience. Now I am asking the courts to end this ongoing genocide.” www.sfchronicle.com/...
The Center for Constitutional Rights explains its reasons for filing the lawsuit:
On behalf of plaintiffs, the Center for Constitutional Rights filed the case against the three high-level U.S. officials for violations of customary international law, 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. ...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 Israel 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. ccrjustice.org/...
Details about the lawsuit can be found in the 89-page brief. Paragraph 7 of the introduction is an example of what can be found there:
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