In a significant legal development, Palestinian organisations and individuals have filed a reply to the U.S. government’s response regarding their genocide case, Defence for Children International-Palestine v. Biden. This action comes shortly after the U.S. abstained from a United Nations Security Council resolution aimed at facilitating humanitarian aid to Gaza.
The Center for Constitutional Rights, together with Van Der Hout LLP, submitted comprehensive declarations from plaintiffs and Josh Paul, a former State Department official who resigned in protest over U.S. arms transfers to Israel. These declarations are a response to the government’s attempt to dismiss the case, which alleges U.S. complicity in the genocide of Palestinians in Gaza.
In their statements, plaintiffs detail the escalating harm and fatalities experienced since their initial complaint in mid-November. One plaintiff, A.N., expressed in a declaration the staggering death toll: “The death count is unfathomable… now in the tens of thousands.”
The case, initiated on November 13, accuses President Biden and other top officials of legal failure to prevent and being complicit in the genocide. The plaintiffs seek an emergency court order to cease U.S. military and diplomatic support to Israel, arguing that this support is critical to Israel’s actions in Gaza.
The government, in its response, did not deny Israel’s actions but instead raised technical jurisdictional issues, arguing that the court cannot review its policy decisions. Last night’s filings counter these arguments, emphasizing the court’s duty to enforce legal obligations against genocide.
Maria LaHood, Deputy Legal Director of the Center for Constitutional Rights, stressed the urgency of the situation: “Israel is killing Palestinian children…as the U.S. rushes more weapons. The court has the power, and the duty, to enforce laws against genocide.”
Josh Paul’s declaration highlighted the U.S.’s provision of military technologies to Israel and its potential influence on Israeli military operations. Reports cited in the filing include the recent transfer of bombs and artillery shells to Israel, correlating with the significant increase in Palestinian casualties.
Additionally, the filing includes personal accounts from Gaza residents describing the dire humanitarian situation. Dr. Omar Al-Najjar detailed the catastrophic health conditions, particularly among children, due to the Israeli military assault and blockade.
The complaint, supported by declarations from genocide experts and scholars, seeks an emergency court order to halt U.S. support for Israel’s actions in Gaza. The government is scheduled to file its next response by January 12, with the court hearing arguments on January 26, 2024.
For further details, refer to the Center for Constitutional Rights’ case page, where individual declarations from plaintiffs are available.
Since 1966, the Center for Constitutional Rights has been actively engaged in legal battles against various forms of oppression, including structural racism, gender oppression, and economic inequity. More information can be found at ccrjustice.org.
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