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Federal Court Recognizes Plausible Existence of Genocide in Gaza, but Dismisses Case Against Biden for Lack of Jurisdiction

Biden's off the hook for now. Credit: White House video

The Center for Constitutional Rights reported on Jan. 31 that a federal judge found that “as the ICJ has found, it is plausible that Israel’s conduct amounts to genocide,” and therefore he “implores Defendants to examine the results of their unflagging support of the military siege against the Palestinians in Gaza.”

Despite these findings, the judge granted the defense’s motion to dismiss on procedural grounds in the case of Defense for Children International—Palestine, et al., vs. Biden, Blinken and Austin.

“[T]he undisputed evidence before this Court comports with the finding of the ICJ [International Court of Justice] 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. 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,” says the order. “It is every individual’s obligation to confront the current siege in Gaza, but it [is] also this Court’s obligation to remain within the metes and bounds of its jurisdictional scope.”

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