A prominent New York civil liberties group, the Center for Constitutional Rights (CCR), has initiated legal proceedings against President Joe Biden. The lawsuit contends that Biden has neglected his responsibilities under both international and US laws to prevent what the complaint alleges as Israel’s genocidal actions in Gaza.
The CCR, known for its landmark cases, including establishing the rights of Guantanamo Bay prisoners in 2004, filed the complaint on behalf of various Palestinian groups and individuals. The legal action asserts that Israel’s conduct, encompassing “mass killings,” the deliberate targeting of civilian infrastructure, and forced expulsions, qualifies as genocide under the 1948 international convention.
Citing the United States as Israel’s foremost ally and primary military supporter, the complaint argues that the US, given its significant influence, is obligated to intervene and prevent the alleged genocidal acts. The lawsuit, filed in a federal court in California, seeks to prohibit the US from providing weaponry, financial aid, and diplomatic backing to Israel.
Additionally, the legal action calls for a declaration mandating President Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin to take all necessary measures within their authority to halt what the complaint terms as Israel’s genocidal actions. This includes urging Israel to cease its bombing campaign in Gaza, lift the siege on the territory, and prevent the forced expulsion of Palestinians.
The CCR challenges the argument that Israel’s military response, triggered by a Hamas cross-border attack on October 7, justifies the scale of its assault on Gaza. The lawsuit emphasizes that such an attack does not legally legitimize the extensive military actions resulting in over 11,000 Palestinian casualties, including 4,600 children, and displacing 1.5 million people.
While the international criminal court investigates Israel and Hamas for alleged war crimes, legal scholars question the difficulty of proving genocide and whether the president can be compelled to acknowledge Israel’s involvement in such actions. The 1948 convention defines genocide as the “intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.” Signatories, including the US, are obligated to “prevent and to punish” genocide.
The CCR’s lawsuit details a series of actions by Israel, such as civilian deaths, collective punishment, and deprivation of basic necessities, which the group contends amount to genocide against the Palestinian people. The complaint highlights the expulsion of over a million Palestinians and references statements by Israeli leaders, including Prime Minister Benjamin Netanyahu, quoting biblical verses, asserting the intention to destroy Palestinian life in Gaza.
The lawsuit draws attention to an international court of justice ruling that states have an obligation to prevent genocide using “all means reasonably available to them.” The CCR contends that the US, by refusing to utilize its leverage to influence Israel’s actions, violates its duty under international law to prevent genocide.
