A federal court in the United States has dismissed a case accusing President Joe Biden and other senior officials of complicity in Israel’s alleged genocide in Gaza. The court’s decision, while based on procedural grounds and the division of powers under the U.S. Constitution, urged Biden and his colleagues to reflect on the human rights implications of their unwavering support for Israel. The judge emphasized that disputes over foreign policy are considered nonjusticiable political questions, falling outside the court’s jurisdiction.
In the ruling, Judge Jeffrey White referenced a provisional ruling from the International Court of Justice (ICJ) suggesting that it is plausible that Israel’s conduct amounts to genocide. The judge implored the defendants to examine the consequences of their continuous support for the military siege against Palestinians in Gaza.
The lawsuit, filed by human rights groups and affected Palestinians, accused Biden, Secretary of State Antony Blinken, and Secretary of Defense Lloyd Austin of failing to fulfill their responsibilities under international and domestic law to prevent genocide. The complaint argued that the U.S., as a major provider of military aid to Israel, had a duty to exercise its influence to prevent genocide.
While Israel rejected the charge, international law experts noted that the bombardment of Gaza and restrictions on humanitarian supplies could potentially amount to genocide under the 1948 Genocide Convention, which the U.S. ratified.
Katherine Gallagher, senior staff lawyer at the Center for Constitutional Rights (CCR), stated that the ruling affirmed that the Palestinian population in Gaza is enduring a campaign to eradicate a whole people. Despite the court’s jurisdictional ruling, she urged the Biden administration to examine and end its current course of action.
The Biden administration, facing criticism for its strong support of Israel, had called for the lawsuit to be dismissed, arguing that the court was being asked to intrude into areas committed to the political branches of the government and violate constitutional separation of powers. Despite the dismissal, the plaintiffs and supporters considered the court’s decision to hear their arguments as an important step. The case had brought attention to the dire situation in Gaza, with Palestinians testifying about their experiences during a hearing held in California.
