this post was submitted on 01 Feb 2024
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A federal court in California has ruled that Israel’s military campaign in Gaza “plausibly” amounts to genocide, but dismissed a case aimed at stopping US military support for Israel as being outside the court’s jurisdiction.

“There are rare cases in which the preferred outcome is inaccessible to the court. This is one of those cases,” the US district court in the northern district of California ruled. “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 [the international court of justice] has found, it is plausible that Israel’s conduct amounts to genocide,” the judge in the case, Jeffrey White, said in his ruling, in a case brought by Palestinian human rights groups and individual Palestinians against President Joe Biden, Antony Blinken, the secretary of state, and Lloyd Austin, the defence secretary.

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[–] Linkerbaan@lemmy.world 46 points 9 months ago* (last edited 9 months ago) (2 children)

Interesting line from the ruling (page 4 of 9):

Both the uncontroverted testimony of the Plaintiffs and the expert opinion proffered at the hearing on these motions as well as statements made by various officers of the Israeli government indicate that the ongoing military siege in Gaza is intended to eradicate a whole people and therefore plausibly falls within the international prohibition against genocide.

[–] Infynis@midwest.social 23 points 9 months ago (1 children)

Bold that first part too. That's based on uncontroverted testimony, expert opinions, and statements by the Israeli government. Kind of hard to argue against that.

[–] neptune@dmv.social 9 points 9 months ago (1 children)

"We didn't say we were committing genocide, we said we were just killing everyone. Is that hard to understand?" 🤷

[–] jmcs@discuss.tchncs.de 4 points 9 months ago

Hey, let's be fair, they are amenable to just destroying all the civilian infrastructure... which is also genocide, in order to expel the Palestinians... which is also genocide. They are literally going from a) to d) of the acts that constitute genocide according to the article II of the Convention on the Prevention and Punishment of the Crime of Genocide and confirming intention live on TV.

[–] AnonTwo@kbin.social 10 points 9 months ago* (last edited 9 months ago) (1 children)

Are these cases required to go to a state court before they're presented federally?

While it's good to know, It feels like it's not relevant whether an individual state's courts argue it, since foreign policy has to be handled on a federal level.

edit: I'm actually confused. It's a federal court in California? what sway does it have typically?

[–] ultranaut@lemmy.world 18 points 9 months ago (1 children)

It's a federal court so specifically about matters of federal law. Where it's geographically located isn't relevant to the ruling, and state courts aren't involved.

[–] AnonTwo@kbin.social 1 points 9 months ago

Thanks for the clarification

[–] bedrooms@kbin.social 0 points 9 months ago (2 children)

Great. Wondering how this author is feeling now. (I'm the OP.)

[–] Orbituary@lemmy.world 3 points 9 months ago

I imagine they're making excuses.

[–] DoomBot5@lemmy.world -3 points 9 months ago (1 children)

You have the quote right there "some government officials" =/= official government policy. Hell we have plenty of government officials in the US claiming women have no rights to their bodies. That's not a federal government policy.

[–] Keeponstalin@lemmy.world 1 points 9 months ago* (last edited 9 months ago)

In his Oakland hearing, White heard evidence from experts on genocide and said in his ruling “the undisputed evidence before this Court comports with the finding of the ICJ and indicates 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”.

Are you talking about genocidal intent or genocidal actions? The document details both