A US district judge in California has dismissed a lawsuit against the Biden administration over its role in the ongoing Israeli military operation in Gaza, but not without expressing his concern over the possibility of genocide and urging US officials to reexamine their “unflagging support” for Israel.
The lawsuit and the ruling
The lawsuit was filed by the Center for Constitutional Rights (CCR) on behalf of Palestinians in Gaza, who alleged that the Biden administration was violating international laws on genocide by providing weapons and military assistance to Israel. The lawsuit also sought an immediate halt to US aid and a declaration that Israel was committing genocide against the Palestinians in Gaza.
However, Judge Jeffrey White, a George W. Bush appointee, ruled that the case was outside the jurisdiction of the court as it involved political questions that were reserved for the executive and legislative branches of the government. He also cited the precedent of the Supreme Court, which had dismissed similar cases in the past.
The judge’s sympathy and plea
Despite dismissing the case, Judge White showed sympathy for the plaintiffs and their plight and acknowledged the evidence and testimony that they presented. He also took note of the statements made by senior Israeli officials, which he said indicated that the Israeli military siege in Gaza was intended to eradicate a whole people and therefore plausibly fell within the international prohibition against genocide.
He also referred to the recent ruling by the International Court of Justice (ICJ), which ordered Israel to prevent genocidal acts in Gaza and allow humanitarian access. The ICJ had found that there was a real and imminent risk that irreparable prejudice would be caused to the rights of Palestinians in Gaza under the genocide convention.
Judge White wrote that he was bound by the precedent and the division of the government to abstain from exercising jurisdiction in this matter, but he implored the Biden administration to examine the results of their unflagging support of the military siege against the Palestinians in Gaza.
The reaction and the implications
The CCR and legal experts said that, while the case was dismissed, it was notable that Judge White’s findings were now on the record in the US legal system, including his affirmation of the ICJ ruling and his recognition of the plausibility of genocide in Gaza. They said that this could have an impact on public opinion and the political discourse in the US and put pressure on the Biden administration to reconsider its policy towards Israel and Palestine.
The Biden administration, however, has not shown any sign of changing its stance and has continued to defend Israel’s right to self-defense and to veto any UN Security Council resolution that would condemn Israel or call for a ceasefire. The US has also announced a new arms deal with Israel worth $735 million, which includes precision-guided missiles that have been used in the attacks on Gaza.
The Israeli military operation, which began on January 3, 2024, has killed more than 2,000 Palestinians, mostly civilians, and injured more than 10,000 others, according to the Gaza health ministry. It has also destroyed or damaged more than 20,000 homes, displaced more than half a million people, and caused widespread damage to the infrastructure and the environment in Gaza. Israel has said that it is targeting Hamas and other militant groups, which have fired more than 4,000 rockets at Israel, killing 12 people and injuring hundreds more.
The case is not over yet, as the CCR has said that it will appeal the ruling and continue to pursue justice for the Palestinians in Gaza. The ICJ case is also still ongoing, and it could take years to reach a final verdict on whether Israel has committed genocide.
