A demonstration in support of the Palestinian cause in front of the Federal Court building in Auckland (Reuters)
Yesterday, Wednesday, US Federal Judge Jeffrey White reluctantly refused to accept a lawsuit in Oakland, California, to block support for Israel based on judicial precedent, saying that he was forced to agree with the Department of Justice that “the foreign policy decision regarding providing military or financial support to a foreign country is a fundamental political matter.” .
In a ruling rejecting the lawsuit filed by Palestinian rights defenders last November in which they accused the administration of President Joe Biden of enabling Israel to carry out genocide in Gaza, White said that the evidence indicates that the Israeli army’s treatment of the Palestinians in Gaza may constitute genocide.
He also stated that the evidence he has is consistent with the conclusions of the International Court of Justice, which ordered Israel last Friday to take measures to protect the Palestinians in Gaza from what may constitute genocide.
He added that it is the duty of every individual to confront the siege imposed by Israel on Gaza, “however, the court must remain within the scope of its jurisdiction,” urging the defendants to study the consequences of their firm support for the siege against the Palestinians in Gaza.
This comes after the federal judge heard last Friday for more than 3 hours the testimonies of Palestinians from Gaza, their relatives, a doctor, and defenders of their rights. White then described the evidence in the case as “painful,” stressing that the ruling will be one of the most difficult rulings he has faced in his judicial career.
It is noteworthy that the United States provides $3.8 billion annually in military aid to Israel, and Biden is seeking Congressional approval to obtain an additional $14 billion.
"disappointing"
For his part, the plaintiffs' lawyer - who filed the lawsuit against the Biden administration - expressed his disappointment with the ruling, noting at the same time that the ruling is encouraging.
He explained that the court's statement, despite rejecting the case, confirmed that the government was violating the Genocide Convention, adding that it was considering an appeal of the ruling.
Judicial precedent
White based his ruling on a judicial precedent in the case of Rachel Corrie, who was killed by an Israeli bulldozer when she tried to protect a family home from demolition in Gaza in 2005.
The court then ruled in the case brought by the Corrie family against the American company that manufactured the Israeli bulldozer that killed their daughter on charges of aiding Tel Aviv in war crimes, that allowing the case to continue “would impermissibly interfere in foreign policy decisions.”
Source: Al Jazeera + American press