Palestinians Seek Review of Case Charging Biden With Enabling Israel’s Genocide in Gaza Because of Its “Exceptional Importance”

 

Palestinians, Palestinian Americans, and Palestinians human rights groups are urging the Ninth Circuit Court of Appeals to review their lawsuit charging President Biden and his aides with enabling Israel’s genocide in Gaza. Last month, a three-judge panel of the Ninth Circuit affirmed the decision of a lower court, which dismissed the case on jurisdictional grounds even as it said Israel’s assault “plausibly” constituted genocide. In an en banc petition filed late yesterday, the plaintiffs argue that courts have a constitutional duty to assess the legality of the Biden administration's actions.

“Just this week, my brother’s apartment building in Gaza was completely destroyed– the second time he lost his home, after our family house was obliterated in 2009,” said Ayman Nijim, a plaintiff in the case. “The U.S. is providing the bombs for this genocide. I have lost countless friends and neighbors, so many that I couldn’t know where to start to grieve. When will the courts uphold the law and stop the horror?”

If the Ninth Circuit grants the petition for en banc rehearing, the case would be heard by an eleven-judge en banc court. A case needs to meet at least one of two requirements for en banc review: it must involve a matter of “exceptional importance” or have resulted in inconsistency with other court rulings. The plaintiffs’ petition, filed on their behalf by the Center for Constitutional Rights and Van Der Hout LLP, argues that their case fulfills both.

One indication of the case’s “exceptional importance,” the petition says, is the scale of the ongoing violence. With unconditional U.S. support, Israel has killed about 40,000 Palestinians – injured more than 90,000, forcibly displaced 2 million, and pushed large segments of Gaza into famine. Israel’s actions, which followed numerous expressions of eliminationist intent by its leaders, have led many legal experts and scholars to conclude that it is committing genocide, the most serious human rights crime. In January, the International Court of Justice (ICJ) ruled that Israel’s assault “plausibly” amounted to genocide and ordered it to take provisional measures to prevent further harm to civilians.  (more...)

Palestinians Seek Review of Case Charging Biden With Enabling Israel’s Genocide in Gaza Because of Its “Exceptional Importance”