Fri Feb 2nd, 2024 at 06:37:50 PM EST
Martin Luther King, Jr., reminded us
"the arc of the moral universe is long,
but it bends toward justice."
Change takes a long time, but it does happen.
With regret ...
US District Court Judge: "It is every individual's obligation to confront the current siege in Gaza" | Informed Comment |
The judge felt he had to dismiss the case, given a whole plethora of previous Supreme Court decisions. He clearly did so, however, with enormous regret.
White seems to be calling for mass political action by Americans on the issue. He asserted that "It is every individual's obligation to confront the current siege in Gaza." He went on to lament, however, "but it also this Court's obligation to remain within the metes and bounds of its jurisdictional scope."
He wrote in his conclusion,
"There are rare cases in which the preferred outcome is inaccessible to the Court. This is one of those cases. The Court is bound by precedent and the division of our coordinate branches of government to abstain from exercising jurisdiction in this matter. Yet, as the ICJ has found, it is plausible that Israel's conduct amounts to genocide. This Court implores Defendants to examine the results of their unflagging support of the military siege against the Palestinians in Gaza."
Here is a federal judge pleading with the president of the United States, the secretary of state, and the secretary of defense to cease their unstinting support for Israeli military tactics in Gaza that are so extensively harming the lives of Palestinian civilians in Gaza.
White wrote, "On November 13, 2023, Plaintiffs filed this suit against the Defendants to "take all measures within their power to prevent Israel's commission of genocidal acts against the Palestinian people of Gaza." (Compl., Prayer for Relief.) Plaintiffs allege that Defendants violate their duties under Article I of the Genocide Convention by supporting Israel's military actions following the attacks of October 7, 2023." They asked the court to issue a preliminary injunction against the Biden administration from further participating in and aiding these genocidal acts.
The idea is that the US is a signatory to the Genocide Convention of 1948, which makes it US law, so that Biden and his cabinet secretaries are violating not just international law but American domestic law.
White noted that the International Court of Justice recently found that the charges of genocide against Israel are plausible, given the wholesale destruction of civilian life and property and given the public statements of intent voiced by Israeli leaders.
In the British and American tradition of common law, precedent can be cited from abroad, so it is legitimate for White to instance the ICJ preliminary order that Israel cease behaving in ways that can plausibly construed as genocidal.
White quoted the ICJ preliminary decision at length in his own ruling ....
Erga Omnes Partes Standing and Procedural Issues in South Africa v. Israel | EJIL: Talk! |
'Living nightmare': Suit accusing White House of violating Genocide Convention brings constitutional questions | Courthouse News |
The Biden administration says judicial review of current foreign policy matters involving Israel would violate constitutional doctrines.