The government’s official position of genocide denial contradicts the consensus of actual genocide scholars who dedicate their lives to the field. That includes Israeli academics such as Omer Bartov, a pre-eminent professor of Holocaust and genocide studies, who said that as a former IDF officer he agonised over reaching his conclusion: “But I have been teaching classes on genocide for a quarter of a century. I can recognise one when I see one.”
Those who have facilitated or justified this abomination have no excuses, no place to hide. More than a year ago, South Africa’s legal team composed a dossier detailing statements of genocidal and criminal intent issued by Israeli leaders and officials: it was 121 – pages long, and is now completely out of date. There is more video footage of civilians being slaughtered and civilian infrastructure being destroyed than any other war crime as it was happening in history.
Yet not only does Britain supply Israel with those crucial F-35 components, its government refuses to describe a single Israeli act as a “war crime”, because it knows that then imposes sweeping legal obligations. Britain continues its annual trade with Israel, which last year was worth £5.8bn. Days after its tokenistic gesture of suspending trade treaty talks, Britain’s embassy in Israel celebrated the arrival of the UK trade envoy. When Britain imposed sanctions on two far-right Israeli ministers, it did so on the grounds of their “horrendous extremist language”, rather than actions, because the latter implicates the British government. They refuse to impose meaningful sanctions on Israel itself.
By proscribing Palestine Action, the government has assured that it is opponents of genocide who face being hauled before the dock in the here and now. Our foreign secretary no doubt believes that the impunity traditionally enjoyed by western leaders and Israel itself will protect him and his colleagues for ever. That assumes the winds will never change. There is no statute of limitation for complicity in genocide. Israel’s crime is not yet complete. Lammy must believe that his freedom is safe for ever: that there will be no knock on his door in five, 10, 20 years. That is quite the bet.
Genocide denying UK Foreign Secretary David Lammy says that UK is suspending 30 of 350 arms licences to Israel. He also confirms the UK government’s support for Israel’s Gaza genocide and the UK government and military’s active participation in genocide.Keir “I support Zionism without Qualification” Starmer supporting genocide.UK Labour Party government ministers Keir Starmer, Angela Rayner and Rachel Reeves explain that they are partners complicit in Israel’s Gaza genocide. The UK has provided Israel with arms, military and air force support. They explain that they don’t do gas chambers but do do forced marches, starvation, destroy hospitals, mass-murders of journalists and healthcare workers.
U.S. Secretary of State Antony Blinken and U.S. President Joe Biden listen as Israeli Prime Minister Benjamin Netanyahu reads a statement before their meeting in Tel Aviv on October 18, 2023. (Photo: Brendan Smialowski/AFP via Getty Images)
“Genocide can never be a legitimate foreign policy choice,” argued one plaintiffs’ attorney.
Following the dismissal earlier this year of a federal lawsuit accusing senior Biden administration officials of failing to prevent Israel’s U.S.-backed genocide in Gaza, the 9th Circuit Court of Appeals in San Francisco on Monday began hearing an expedited appeal by Palestinian plaintiffs in the case.
Arguing that U.S. leaders “have a legal duty to prevent, and not further,” genocide, the Center for Constitutional Rights (CCR) first filed a lawsuit last November in the U.S. District Court for the Northern District of California in Oakland on behalf of the rights groups Defense for Children International-Palestine (DCI-P) and al-Haq, as well as a group of individual Palestinians in Gaza and the United States.
“Genocide can never be a legitimate foreign policy choice,” CCR senior staff attorney Katie Gallagher argued during Monday’s proceedings.
STARTING 9AM PT TODAY
Tune in as Palestinians present their powerful case @theCCR to the Ninth Circuit Court for the Biden Admin's complicity w/ Israel's genocide in Gaza #CeasefireNow#StopTheGenocide
The suit—which names President Joe Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin as defendants—seeks to force the U.S. administration to stop “providing further arms, money, and diplomatic support to Israel” as it wages a war of annihilation in which more than 132,000 Palestinians have been killed, maimed, or left missing; nearly 90% of Gaza’s population has been forcibly displaced; and at least hundreds of thousands of people are starving.
Palestinian American writer Laila al-Haddad, a plaintiff in the case, lost her aunt and three of her cousins to a November Israeli airstrike on a United Nations school in the Jabalia refugee camp that killed more than 30 people.
“I promised my surviving family members in Gaza that I would do everything in my power to advocate on their behalf,” al-Haddad wrote in an article published Monday by The Nation.
“Although I knew the case would be an uphill battle, I testified to make a record of Israel’s horrific slaughter of my family, the displacement and dispossession and starvation of the surviving members, the deliberate destruction of my hometown and everything that sustains life there, and ethnic cleansing of my people,” she continued.
“As a Palestinian, I struggle to balance the disgust and impotence I feel knowing that my tax dollars are being used to kill my family members in Gaza with an urgency to do everything in my power to demand an end to this administration’s complicity in genocide,” al-Haddad added.
"I promised my surviving family members in Gaza that I would do everything in my power to advocate on their behalf." — @gazamom, plaintiff in our case DCIP v. Biden, being heard in Ninth District Court of Appeals TODAY 9am PT in San Francisco. https://t.co/5z2i16Djsn
U.S. District Judge Jeffrey White ruled on January 31 that the case fell “outside the court’s limited jurisdiction” and rejected the suit on technical grounds—even as he wrote that “the current treatment of the Palestinians in the Gaza Strip by the Israeli military may plausibly constitute a genocide in violation of international law.”
On February 27, the 9th Circuit Court granted a motion by CCR and co-counsel at Van Der Hout LLP to expedite plaintiffs’ appeal amid soaring Palestinian civilian casualties and destruction wrought by Israel’s assault on Gaza.
Last week, 9th Circuit Judge Ryan Nelson recused himself from the new case following pressure from plaintiffs who questioned his impartiality after he visited Israel in March with 13 other federal judges on a trip sponsored by the World Jewish Congress meant to convince U.S. jurists of the legality of Israel’s Gaza onslaught.
Genocide is defined under the 1948 Genocide Convention as killing or causing serious physical or psychological harm to members of a group, “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, imposing measures intended to prevent births within the group,” or “forcibly transferring children of the group to another group.”
At least hundreds of jurists and genocide experts around the world concur that Israel is committing genocide in Gaza. The International Court of Justice is currently weighing a genocide case against Israel brought by South Africa and backed by more than 30 nations and regional blocs. Last month, International Criminal Court Prosecutor Karim Khan said he is seeking to arrest Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders for alleged crimes including extermination.
Numerous Israeli government leaders have expressed clear genocidal intentions and deployed dehumanizing characterizations of Palestinians, including “human animals.” At the same time, the Israeli military has bombed civilian areas and infrastructure, including by using chemical weapons, and deprived Palestinians of everything necessary for human life, including water, food, electricity, fuel, and medicine. Those statements of intent—when combined with mass killing, causing serious bodily and mental harm, and the total siege and closure creating conditions of life to bring about the physical destruction of the group—reveal evidence of an unfolding crime of genocide.
The Biden administration has provided Israel with billions of dollars in military aid and arms and ammunition sales, as well as diplomatic cover in the form of United Nations Security Council vetoes and genocide denial, as its forces continue to obliterate Gaza 248 days after the Hamas-led attacks on October 7 that left more than 1,100 Israelis and foreign nationals dead—at least some of whom were killed by so-called “friendly fire“—and over 240 others taken hostage.
"We at @theCCR understand something deeply. The law can be used as a tool of oppression — or, as a tool of liberation. We are demanding that @JoeBiden stop sending arms to aid this genocide" pic.twitter.com/qpX1io3kid
“The U.S. courts have an opportunity in front of them: Judges can choose to take a minimal step towards allowing DCI-P and the other plaintiffs to have a chance at holding the Biden administration accountable for its role in the genocide of Palestinians, or they can sit back and refuse to carry out checks on the executive branch,” DCI-P advocacy officer Miranda Cleland wrote in an opinion piece published Friday by Middle East Eye. “It is a choice, quite literally, between life and death.”
“Israeli forces, emboldened by the so-called ironclad support of the Biden administration, have killed on average more than 60 Palestinian children every day since October 7,” she continued. “That’s more than 15,000 children who won’t go back to school, or play with their friends, or hug their parents ever again. Those 15,000 children will not grow up and live in a free Palestine.”
“If the U.S. courts continue to green-light Biden’s impunity, more Palestinian children and their families will pay the price,” Cleland added. “It is a price that I, alongside many other voters in the U.S., are not willing to accept.”
