Judge Jeffery White, a US federal judge, reluctantly denied a lawsuit in Oakland, California yesterday, seeking to halt support for Israel based on a legal precedent. He stated that he had to agree with the Department of Justice that “foreign policy decisions regarding providing military or financial support to a foreign nation are a fundamental political question.”
In his ruling against the lawsuit, filed by advocates for the rights of Palestinians in November last year, accusing President Joe Biden of enabling Israel’s genocide in Gaza, White indicated that the evidence suggests that the Israeli military’s treatment of Palestinians in Gaza may constitute genocide.
He further noted that the evidence he holds aligns with the conclusions of the International Court of Justice, which ordered Israel last Friday to take steps to protect Palestinians in Gaza from what may amount to genocide.
White added that it is the duty of every individual to confront the blockade imposed by Israel on Gaza, “although the court must remain within its jurisdiction,” urging the defendants to consider the implications of their steadfast support for the blockade against the Palestinians in Gaza.
This comes after the federal judge listened to testimonies from Palestinians from Gaza and their relatives, as well as a doctor and rights advocates for over three hours last Friday, describing the evidence in the case as “painful,” affirming that the ruling will be one of the toughest he has faced in his judicial career.
It is noteworthy that the United States provides $3.8 billion in annual military aid to Israel, and Biden seeks approval from Congress for an additional $14 billion.
“Disappointing”
On the other hand, the plaintiffs’ lawyer, who filed the lawsuit against the Biden administration, expressed disappointment with the ruling, while pointing out that the ruling is encouraging.
He explained that despite the lawsuit being dismissed, the court’s statement confirmed that the government violates the Genocide Convention, adding that he is considering appealing the ruling.
Legal Precedent
White based his ruling on a legal precedent in the case of Rachel Corrie. Corrie, an American activist, was killed by an Israeli bulldozer while trying to protect a family’s home from demolition in Gaza in 2005.
At that time, the court ruled in the case filed by Corrie’s family against the American company manufacturing the Israeli bulldozer that killed their daughter, alleging aiding Tel Aviv in war crimes, stating that allowing the lawsuit to proceed “would impermissibly interfere with the foreign policy decisions.”
