The plaintiffs want the federal court to urge the United States to use its influence to get Israel to end its hostilities in Gaza.
A civil case accusing US President Joe Biden and other senior US officials of being complicit in Israel's “genocide” in Gaza has begun in federal court in California.
Lawyers representing Biden, Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin, attended Friday's proceedings along with plaintiffs who accuse them of “failure to prevent and complicity in the unfolding genocide by the government.” Israeli”.
The Center for Constitutional Rights (CCR), an American civil liberties group, filed the lawsuit on behalf of the human rights organization Children's Defense – Palestine; Al-Haq, a Palestinian human rights group based in the occupied West Bank; and eight Palestinians and American citizens with relatives in Gaza.
During Friday's hearing, the court heard from lawyers, activists and organizers, including doctors in Gaza, about the situation Palestinians have faced for almost four months.
I'm inside the US federal court where Palestinian plaintiffs are suing Biden, Blinken and Austin for failing to prevent (and being complicit in) Israel's ongoing genocide in Gaza.
It is unprecedented that the case has gone this far. Palestinians with relatives in Gaza will testify soon @ajplus pic.twitter.com/F5CUNAKGUD
– Dena Takruri (@Dena) January 26, 2024
Since the war began on October 7, more than 26,000 Palestinians have been killed in the Israeli bombardment of Gaza following a Hamas attack on Israel that killed about 1,100 people there.
The CCR complaint was first filed in November of last year and said that Biden, Blinken and Austin “have not only failed to fulfill the country's obligation to prevent a genocide, but have enabled the conditions for its development by providing military support.” and unconditional diplomat.” [to Israel]”.
The CCR asks the court to “declare that the defendants have violated their duty under customary international law, as part of federal common law, to take all measures within their power to prevent Israel from committing genocide against the Palestinian people of Gaza.” ”.
The group also calls for the United States to use its influence over Israel to end hostilities against Palestinians in Gaza.
'Political doctrine'
Al Jazeera's Rob Reynolds, reporting from the courthouse in Oakland on Friday, said the CCR is arguing that by providing weapons to Israel, US support violates the 1948 Genocide Convention.
In response, Biden administration lawyers “are focusing on a very narrow legal argument,” he said.
“They say the court has no authority to rule on this. “They are citing what is called political doctrine, and it has to do with the separation of powers in the United States,” Reynolds said.
He explained that lawyers argue that the conduct of foreign policy, diplomacy, military activities and relations between allies are in the “political realm of the executive branch, in other words, the president and the cabinet” and, therefore, They are not susceptible to judicial action by other branches of power that make up the US government.
The judge also appeared to question his authority in the case, Reynolds said.
“This is really the fundamental question: whether he has the authority to rule on this, but the judge opened the proceedings with a litany of simply describing the plight of Palestinians in Gaza,” our correspondent said.
Earlier on Friday, the International Court of Justice (ICJ) ordered Israel to take all possible measures to prevent acts of genocide against Gaza and to do more to help civilians.
Still, he failed to call for a ceasefire, as requested by South Africa, which brought the case to the ICJ.
