Lawsuit Accuses Biden of Complicity in Alleged Palestinian Genocide

A federal court case filed against President Joe Biden and two U.S. cabinet officials accusing them of complicity in Israel’s genocide against Gazans will proceed with a hearing on Friday. The lawsuit, brought by Palestinian human rights groups and individuals with assistance from the nonprofit Center for Constitutional Rights, names Biden, Secretary of State Antony Blinken, and Secretary of Defense Lloyd Austin as defendants. The case, Defense for Children International–Palestine v. Biden, aims to halt U.S. support for Israel, which the plaintiffs argue has resulted in the loss of their family members’ lives. The hearing will take place in Oakland, Calif.

Mohammad Herzallah, a plaintiff in the case who has family in Gaza, stated, “We have lost so many people, but there are still many more who are living, and we owe it to them to do everything possible to stop this genocide. I have done everything in my power: I have participated in protests, sit-ins, wrote letters to my representatives, civil disobedience. Now I am asking the courts to end this ongoing genocide.”

According to the Hamas-run Health Ministry, more than 25,000 people in Gaza have died since the war began on October 7. The military campaign in Gaza was initiated following Hamas’ killing of 1,200 Israelis and kidnapping of 240 others. Throughout the conflict, the U.S. has supported Israel, vetoing United Nations resolutions calling for an immediate ceasefire, affirming support for Israel’s right to self-defense, and providing financial and military aid to the country.

The Biden Administration is seeking to dismiss the case, arguing that it raises political questions and attempts to interfere with the Executive Branch’s foreign policy and national security judgment. The lawsuit is considered unusual, as previous similar complaints have been dismissed due to national security concerns. However, the filing of the complaint in an American court draws attention to the U.S.’s support for Israel.

The case, filed on November 13, includes plaintiffs from Gaza and U.S. citizens with family members in Gaza, as well as human rights groups Defense for Children International–Palestine and Al-Haq. Seventy-seven international human rights organizations, bar associations, and lawyers have filed an amicus brief in support of the plaintiffs. The legal basis for the case relies on the 1948 Genocide Convention, which the U.S. and 152 other countries have signed, obligating them to prevent and punish genocide.

The Biden Administration argues that Israel is a sovereign nation responsible for its own actions and that the plaintiffs have not adequately shown that their injuries can be directly attributed to U.S. support for Israel. The Administration also cites its compliance with international humanitarian law and its efforts to mitigate the humanitarian crisis in Gaza. Even if the court dismisses the case, it could still have political ramifications by bringing attention to the issue and encouraging a reconsideration of the U.S.-Israel relationship.

Public opinion on U.S. involvement in the war has been divided, with only 35% of adults approving of the Biden Administration’s response, according to a Pew Research Center survey. The fact that the U.S. is being accused of complicity in crimes against Israel is seen as extraordinary and may lead to a reevaluation of the U.S.-Israel relationship by American politicians and the executive branch.