Palestinians sue US administration over alleged complicity in genocide

By Brooke Anderson

WASHINGTON - In a historic move, Palestinians have taken the US administration to Federal Court, alleging complicity in genocide.

Palestinians have taken the US administration to Federal Court, alleging complicity in genocide by President Joe Biden, Secretary of State Antony Blinken, and Defence Secretary Lloyd Austin.

The plaintiffs are seeking an injunction for the United States to cease its military and financial support of Israel's attacks on Gaza.

Early on Friday, at a federal courtroom in Oakland, California, hundreds of people, carrying signs, banners and Palestinian flags, gathered in the courtyard of the federal complex to show their support for the plaintiffs while they gave testimony in a courtroom with space available for around 30 attendees.

Presiding Judge Jeffrey White said the case "will be the most difficult judicial decision I've ever made".

The case, Defense for Children International - Palestine v. Biden, was filed on 13 November by the Center for Constitutional Rights along with aid organisations Defense for Children International – Palestine and Al-Haq, representing plaintiffs who had lost family in Gaza.

The complaint alleges that the US administration failed to influence Israel to prevent the genocide of Palestinians.

Katherine Gallagher, an attorney with the Center for Constitutional Rights, said that the case raises two questions - whether US officials have violated international law in failing to prevent genocide when knowing about the serious risk to the population in Gaza, and whether they violated international law with their substantial assistance to Israel's attacks on Gaza.

The plaintiffs invoked the genocide convention, which was unanimously adopted by the United Nations in 1948.

Article 3 forbids genocide, defined as acts "committed with intent to destroy, in whole or in part, the national, ethnic or racial group as such". The treaty also forbids complicity in genocide, which the plaintiffs argue implicates the US in this role.

Moreover, Gallagher noted that Biden, upon taking office, said that "the prevention and punishment of mass atrocities, including genocide, are cases of national interest and a matter of national policy".

The opposing side, representing the US administration, did not go into the same level of detail as the other side, possibly a sign of the security of the executive office in a case that would not be expected to be ruled in favour of the plaintiffs.

Jean Lin, an attorney for the US Department of Justice, argued that US courts don't have jurisdiction over this matter, which falls under the category of foreign policy, something that would be considered a political question.

Such matters, she suggested, could be addressed at the United Nations. This international body, the plaintiffs noted, is where the US has vetoed resolutions related to Palestinian human rights.

Seeing the limitations of his position in a case that he described as not having a legal precedent to refer to, Judge White, an appointee of former President George W. Bush, described these circumstances to the courtroom.

"At the heart of the political question doctrine is the separation of powers among the three branches of government, a fundamental and guiding concept enshrined in the United States Constitution," he said.

"I understand what is at stake here, and the importance of the plaintiff's lawsuit. I also understand the limitations placed on my office by the separation of powers and binding legal precedent," he added.

The political question doctrine would be a recurring theme in the arguments made by both sides. And though its interpretation is seen differently, there is little doubt of the power wielded by the executive branch.

As the Palestinian plaintiffs took the witness stand, answering their attorneys' questions, they gave testimony of their families, memories and their ties to Gaza.

Speaking by video from a hospital in Rafah was Omar Al-Najjar, a doctor sitting on what appeared to be a hallway floor. As he tried to communicate through background noise, the judge asked him if he could move to a quieter place, which he said wouldn't be possible.

The young doctor described the effects of Gaza's depleted healthcare system. At the hospital where he works, which is operating far beyond capacity, he is seeing cases of infectious diseases, diarrhoea and dehydration. He said his family is on their fourth displacement, calling the situation a heavy burden on his heart.

"I have nothing left but grief," he said. "This is what Israel and its supporters have done to us."

Ahmed Abofoul, who was born and raised in Gaza and now lives in the Hague, where he works as a legal researcher for Al-Haq, described the current situation in Gaza as "like nothing we've seen before".

He said that growing up he had heard his family's stories of the Nakba, but he said: "I never imagined we'd live it and experience it."

He told the courtroom that for the first time, he and his organisation were unable to cover Gaza. properly, having to choose between documenting human rights violations and the survival of their staff, leading to the suspension of their core work.

"The Gaza we know no longer exists," he said, as he named buildings and areas where he used to spend time that are now destroyed. Amid the ongoing destruction, he says his family continues to search for relatives under the rubble.

His grandfather, fearing another permanent displacement after what he had experienced in 1948, had to be carried to a new safe location.

Laila el-Haddad, a Palestinian culinary writer living in Maryland, described how she had worked over the years to preserve his family's heritage through her work and had spent extended periods in Gaza. Now, she says: "My family is being killed on my dime."

For the defendants, the most controversial testimony came at the end, from Barry Trachtenberg, a professor of Jewish history and a Holocaust and genocide scholar, who had been called as an expert witness by the plaintiffs.

"Everything that we feared and more is unfolding," he said, as the defence repeatedly objected to his presence, several of his statements, and the admission of his CV as evidence.

"What makes this situation so unique is that we’re watching the genocide unfold as we speak. And we’re in this incredibly unique position where we can intervene to stop it using the mechanisms of international law that are available to us," he said.

Friday's hearing in Oakland took place hours after the International Court of Justice in the Hague, in a case brought by South Africa, found that it was possible Israel was committing genocide and ordered it to take measures to improve the humanitarian situation.

During the breaks, those inside the courthouse could see through the glass windows the crowd of supporters growing outside. After the testimonies ended, Judge White assured the witnesses that they had been heard, adding that a decision should be expected soon.

As the plaintiffs' attorneys and witnesses exited the courthouse, they were greeted with a long round of applause.

"I felt a particular need to do this, as a Jewish lawyer here, who's been fighting on the side of Palestine for five decades now," said Marc Van Der Hout, as he spoke before the cheering crowd.

He thanked the plaintiffs and witnesses and expressed optimism that the judge would decide in their favour.

"It was amazingly powerful," he said. "They were able to tell the world what is going on in Gaza in a United States district court."

How Israel's war is creating a man-made famine in Gaza

By Hanna Davis, The New Arab 08 January 2024

LONDON - Almost three months into Israel’s brutal onslaught in Gaza, millions are on the brink of famine.

The entire population of the Gaza Strip is now facing acute food insecurity - meaning the livelihoods of 2.2 million people are in immediate danger due to their inability to consume adequate foods, according to IPC ratings, a food security analysis initiative.

Worse, one in four people in Gaza are experiencing what the IPC says are “catastrophic conditions” related to food insecurity: the first of the three indicators of famine.

Given the current, unprecedented levels of acute food insecurity, Gaza will experience famine by early February if the current hostilities and limited aid continue, the initiative predicted.

“The situation, without doubt, is exponentially worse than anything Gaza has previously experienced given the level of destruction, the lack of basic services (including food, water, medicine, shelter and sanitation) and the extreme insecurity people are now experiencing,” Larry Garber, a former senior official for the US Agency for International Development (USAID) for the West Bank-Gaza, told The New Arab.

For the past two weeks, 26-year-old Asma al-Qassas, her husband, and three young children have been sharing a small tent in a displacement camp in Tel al-Sultan, in Gaza’s southern Rafah governorate.

Asma and her family fled their home in Gaza City at the start of the fighting to a shelter in Khan Younis. However, in early December, when Israel’s ground offensive moved south, they were forced to flee once again.

Asma is one of 1.9 million people, or 85 per cent of Gaza’s total population, who are estimated to have been displaced since Israel’s military response to the deadly Hamas attack on 7 October.

Over one million people, like Asma and her family, are now squeezed into the extremely overcrowded Rafah governorate - left with nowhere else to flee.

“‘Momma I want to eat’,” Asma said her children frequently cry to her, her oldest child just five. She told TNA they are skinny, eating less than half of what they used to before the war. During the past few days, their only meal has been just a half-piece of bread with a small slice of canned luncheon meat on top, she said.

They don’t have cooking gas and can’t afford to buy firewood, so Asma said her husband spends all day searching for wood, or other things to burn, so she can bake bread. Sometimes, Asma said, with such little heat, the bread takes hours to bake - and her children wait until nightfall for their first meal.

"They count down the hours until the bread is ready," she said.

'Starvation as a weapon of war'

Due to frequent aid stoppages and inspections by Israel, fuel shortages, and ongoing hostilities that have restricted safe movement, the desperately needed food aid to Gaza has only trickled in.

“We can only reach a fraction of the people who need help,” said Reem Nada, a regional communications officer for the World Food Program (WFP) based in Egypt.

Over the first 70 days of the war, only 10 percent of the food needed for Gaza’s entire population entered the enclave, according to the UN’s Office for the Coordination of Humanitarian Affairs (OCHA). Nada told TNA that since 7 October, just over 5,000 trucks have entered Gaza and only half were carrying food. She said this is the number of trucks that would have normally crossed into Gaza within 10 days.

Last week, there was only an average of about 120 trucks entering daily - far below the average of 500 trucks that used to enter each day before the war. In the two weeks since Asma and her family have been living in the Tel al-Sultan tent, she said they have just received two boxes of food aid, with three to four cans of tuna and canned meat, concentrated milk, tea, and a variety of condiments like salsa and ketchup, which she said are “useless”.

“In two days it [the food] is gone,” she said. “If we feed ourselves and the children together, of course, it’s not enough.”

A recent statement from Human Rights Watch (HRW) has accused the Israeli government of using starvation as a “weapon of war”.

Omar Shakir, HRW’s Israel and Palestine director, told TNA that the report analysed Israel’s apparent razing of agricultural land, destruction of civilian objects necessary for food production and survival (like bakeries), and statements from Israeli officials that “made clear the deprivation is not accidental”.

“When you put these things together, the conclusion was unmistakable that Israel is using starvation as a weapon of war, which is a war crime,” Shakir said.

Israeli blockade

Even before the war, food aid was entering Gaza at the whims of Israel’s approval. Israel has maintained a 16-year blockade of Gaza, supervising almost all commodities - from electricity and food to medicine - that can exit and enter the enclave. Half of Gaza’s population was already estimated to be facing acute food insecurity before 7 October, the HRW report cited.

Israel’s “total blockade” of Gaza on 9 October resulted in a week-long pause on water and a nearly three-week-long pause on humanitarian aid entering the enclave. Fuel was prevented from entering until 15 November, causing bakeries, hospitals, sewage pumping stations, and water desalination plants to shut down, HRW reported.

While the United States has pressed Israel to allow aid to continue into Gaza at the same levels observed during the ceasefire - which guaranteed about 200 aid trucks to enter daily - the aid is still entering at “grossly insufficient levels”, according to OCHA.

WFP’s Nada reiterated that there are still no imports entering Gaza, meaning the available goods left after nearly three months are extremely limited and are selling at exorbitant prices. This also means that nearly the entire population depends on the trucks of assistance just trickling into the Strip.

However, these trucks loaded with aid cargo are being held up for weeks at the Rafah or Kerem Shalom border crossings with Egypt, due to what Israel says are necessary inspections to prevent the items from being used by Hamas. This inspection process has been described as “cumbersome” and “arbitrary”, and is slowing the aid into Gaza, two US senators said after they visited the border.

Infectious disease rampant

Sitting beside Asma is her three-year-old son, Zain. While she speaks, his coughs continue steadily. Asma said Zain has had diarrhoea for days. “They tell me to go get medicine for him, but with what money?” she said.

Since 17 December, the number of children with diarrhoea has increased dramatically, with about 3,200 new cases of diarrhoea per day, UNICEF reported last week.

The young mother also said her children are “covered in skin rashes” she believes are from the unsanitary living conditions and lack of clean water. “I wash the same clothes over and over again, but still, everything is dirty,” she described.

The poor sanitation, cramped living conditions, and now colder months have created a breeding ground for infectious diseases, which WFP’s Nada said are spreading rapidly. For the millions suffering from severe hunger, the risk of getting sick is multiplied, with their immune systems too weak to fight off viruses and bacteria, Nada said.

Mohamed Salama, a doctor in the neonatal intensive care department at Gaza’s Emirate Crescent Hospital in Rafah, told TNA that he is treating an “alarming” number of cases of intestinal infections daily as a result of contaminated water and other parasites.

He noted a rise in cases of acute gastroenteritis (commonly known as the stomach flu) and rotavirus, an extremely contagious virus commonly caught by children. Both viruses cause vomiting and diarrhoea, which deplete the body of nutrients and fluids and can be deathly for those already suffering from malnutrition.

Salama said he does not have the proper medicines - like multivitamins, nutrient supplements, and oral rehydration solutions - to treat patients with severe cases of these viruses. He said a few infants have passed away in the hospital as a result of their weak immunity due to malnutrition.

The doctor said he also sees many pregnant women who arrive at the hospital showing symptoms of malnutrition, including severe fatigue, numbness in the extremities, loss of hair, and weight loss. Malnutrition during pregnancy can have detrimental effects on the mother and child, he said.

Malnourished pregnant women can be deficient in folic acid (found in foods rich in vitamin B), which can lead to severe birth defects of the baby’s brain and spine, he said. The condition is known as “neural tube defect” and often results in paralysis.

“Our fear is that after this war, we’ll see a lot of babies with these birth defects,” Salama stated. “Please, support us with medicines, food, electricity,” the doctor begged. “So we can help our patients. So we can do our job properly.”

'Israel has broken every rule in the book'

Asma said that when Zain, her sick son, begins crying from his pain and sickness, she sometimes takes him to a playground at a nearby school to try and lighten his mood. There, they see people selling sweets and Asma says she tells him that “one day, God willing, I will be able to buy you the sweets”.

However, Gaza’s economy has been devastated by the past months of fighting, and it will likely take months more even after hostilities cease to rebuild. The Strip’s farmland - a critical food and export source - has been ravaged by the Israeli war. The Palestinian Central Bureau of Statistics said that Gaza is suffering from at least a $1.6 million daily loss in farm production, as cited in the HRW report.

Israel has waged one of this century’s most destructive wars, destroying nearly 70 per cent of Gaza’s homes and over half of its buildings.

“The longer the conflict continues at the current kinetic levels, the more Gaza will inevitably become uninhabitable for many of the Palestinians there,” said Garber, the former USAID officer.

Israel has broken “every rule in the book” when it comes to humanitarian law, Osama al-Sharif, a Jordanian political analyst, told TNA. “Will there be an investigation into war crimes and crimes against humanity?” he asked. “If this is overlooked, then the whole rules-based international world order means nothing,” he added.

South Africa has launched a case at the UN’s top court alleging that Israel’s military campaign in Gaza amounts to genocide. A few other countries, mostly in South America and the Middle East, have cut ties with Israel due to its actions during the war.

But Israel is still receiving the logistic and diplomatic support of the US, who has continued to veto the desperately called-for humanitarian ceasefire.

For Asma, she said she has stopped watching the news. “Why? No one is looking out for us, no one is coming to help us,” she said.

“The UN are sitting on chairs and giving out roses,” she said angrily. “We don’t want these boxes of stupid food. We want to go back to our homes. We are tired.”

Author

Hanna Davis is a freelance journalist reporting on politics, foreign policy, and humanitarian affairs.

In Israel's war against journalism, press safety is a slogan

In Israel's war against journalism, press safety is a slogan: The lost stories of Gaza's fallen journalists

By Dana Hourany, The New Arab, 07 November 2023

More Gazan journalists have been killed over the last month than any conflict in at least three decades. Their work to counter the Israeli narrative should be highlighted, so we've profiled some of the fallen journalists to keep their legacy alive.

Israel's war on Gaza since October 7 has resulted in unprecedented levels of violence, with more than 4,000 children killed and the death toll exceeding 10,000.

As of November 7, a total of 49 journalists have been killed, according to Gaza's media office.

Reuters and Agence France Press have sought guarantees that Israeli strikes would not target their reporters in Gaza, but the Israel Defense Forces (IDF) have refused to comply, as reported by Reuters on October 27.

As the death toll rises rapidly, Palestinians risk being reduced to mere numbers. Nevertheless, each of these individuals has a unique story and memories that should be remembered.

This article highlights some of the fallen journalists who risked their lives to report on Israel's continuous aggression in Gaza and had their dreams cut short as a result.

Roshdi Sarraj

Famed Palestinian filmmaker and journalist Roshdi Sarraj was killed by an Israeli airstrike on his home in Gaza on October 22. The 31-year-old's death came as a major shock, says his friend Palestinian journalist Mona Khader.

"The news left us [journalists] with a profound sense of disbelief that we are still grappling with," Mona told The New Arab.

Roshdi co-founded Ain Media, a Palestinian media company specialising in "media production services", alongside his friend Yaser Murtaja who was killed by Israeli forces while covering the Great March of Return.

In the days before his passing, Roshdi used to send live updates about the Gaza war via his account on the social media platform, X.

His dream, according to Ain Media colleagues, was to present a different image of Gaza to the world, one that was not tainted by violence and war.

Mona recalls Roshdi's passion for capturing picture-perfect angles of Gaza to share on his social media, adding that he possessed a deep love for Gaza's beauty, and continuously strived for personal growth and career advancement. He also had a one-year-old daughter "he had not had the chance to spend time with yet," she lamented.

"Roshdi always used to say that Gaza is beautiful and that we, the people, make it all the more beautiful. Gaza is a city of love and the city of life," Mona said.

His favourite pastimes included travelling, swimming, and horseback riding. She adds that he aimed to establish enduring partnerships with international organisations so that his work continues to reach people.

"He loved filmmaking and cinema, and he loved to give back to the community. It is a loss not just to us, but to the entire journalism community in Gaza," Ain Media told The New Arab.

Ibraheem Lafi

Ain Media also mourned the death of one of its cameramen and sound engineer, Ibraheem Lafi.

The 21-year-old, as described by company colleagues, was "vibrant, full of life, and had dreams of reaching worldwide fame through his work."

Similarly to Roshdi, Ibraheem was an avid fan of cinema and aspired to work on big international films.

"Despite his tender age, he rapidly honed his expertise with Roshdi's guidance," a colleague from Ain Media remarked. "He stood out as one of our finest reporters, always at the forefront whenever events unfolded."

A leg injury once prevented him from joining his colleagues in the field, which left him completely devastated and disappointed, the company stated.

Several Instagram pictures showcase Roshdi and Ibraheem working closely on visual content.

In a caption beneath a photo taken on the set of a film called The Siege last June, Ibraheem wrote, "Every day, we grow more confident that something better is on the horizon," and referred to Roshdi as "our incredible director."

On his Instagram, it's clear Ibraheem possessed a talent and deep passion for capturing people's profiles and landscape photos of Gaza, showcasing all its facets: beauty, nature, land, sea, animals, destruction, and celebrations.

Ibraheem met his end in an Israeli airstrike on October 7 while doing what he loved most — reporting on the latest events.

According to Palestinian journalist Yara Eid, a close friend of Ibraheem's, he was a diligent individual who cherished and supported those around him. He even went to the extent of creating a WhatsApp group to send congratulatory and birthday messages.

"I was trying to surprise him [Ibraheem] in Christmas break but he surprised all of us. I don’t know how I can go on without you by my side. I still am waiting for you to call me back. I still need you. We all do," Yara wrote on an Instagram post," Yara wrote under an Instagram post.

Khaleel Abu Azre

Khaleel Abu Azre's life met a tragic end due to an Israeli airstrike on his residence in Rahaf, situated in the southern region of Gaza, on October 19. This location had been advised by the IDF as a refuge for the people of Gaza escaping the north.

Khaleel had previously worked as a reporter for Al Aqsa TV and actively maintained his Facebook presence, ensuring he regularly delivered news updates to his 2,000 followers.

Mona reminisces about an incident during the Great March of Return in 2018 when she went to cover the protests. Khalil encountered her walking and kindly offered her a ride in his car.

When Israeli soldiers unleashed gas bombs on the protesters and media professionals, Mona found herself nearly on the brink of fainting. She struggled to breathe and move. It was Khaleel who came to her rescue, pulling her out of the crowd and escorting her to safety in his car.

"In that moment, Khalil saved my life," Mona recounted.

A friendship was established, with Mona describing him as a "man who cherished life's simplicity and eagerly extended a helping hand to his colleagues, providing valuable contacts and information."

Mona added that Khaleel had created WhatsApp groups to share information, updates, and potential story ideas. He was a devoted family man, married with four children.

"He held a deep affection for Gaza and a strong sense of nationalism. He dreamt of travelling abroad and visiting the Al-Aqsa mosque. He was unable to fulfil that either," Mona lamented.

Salam Mema

October 13 marked the death of 32-year-old journalist and mother of three Salam Mema.

Salam held a significant role as the head of the Women Journalists Committee at the Palestinian Media Assembly, a dedicated organisation striving to advance media work for Palestinian journalists.

Mona shared that Salam's case struck the deepest chords of sorrow. It took three days to recover her lifeless body from the rubble. Her home in the Jabalia refugee camp, located in the northern Gaza Strip, was struck by an Israeli airstrike on October 10.

"We searched tirelessly for them in those initial two days, but our efforts were in vain. It pains us to think of her trapped under the rubble, unable to escape," Mona expressed.

"Salam cherished life and was incredibly beautiful. Her strongest bonds were with her children, and she aspired to expand her career by collaborating with international organisations."

Salam's husband, their two-year-old daughter Sham, their seven-year-old son Hadi, and other family members were also killed, leaving her five-year-old son Ali as the sole survivor.

Mona fondly remembers Salam as a "devout woman who relished gathering with her female friends and took great care to stay connected with everyone she knew... Her favourite pastime was playing with her kids, whom she adored.

"Watching her interact with her children outdoors, you'd swear she was one of them. Her time with them was her greatest joy," Mona recounted.

Nidal Al Wahidi

Nidal Al Wahidi's situation remains shrouded in uncertainty. He went missing on October 7, following the surprise attacks launched by Hamas on Israel.

As a photographer with Al Najah, Al-Wahidi's fate remains enigmatic to this day, with his family maintaining that he was detained by the Israeli military.

However, the Israeli Prisoners' Information Office reported that "the Israeli Supreme Court has rejected an appeal to disclose the fate of journalists Nidal Al-Wahidi and Haitham Abdulwahed."

"Nidal holds a special place in our hearts. He had a strong desire to serve others and a deep love for life. He independently established the NewPress agency and worked tirelessly to enhance it," Mona said.

For Nidal, assisting his colleagues was a fundamental commitment, Mona recounted. He enjoyed helping others discover job opportunities and was known for his distinct and boisterous door knock, which reflected his vibrant presence and made him a beloved figure.

"His office was an open space for fellow journalists seeking a workspace without any fees," she continued. Additionally, he used to provide press vests to those in need.

Nidal had a profound passion for the sea and a strong desire to travel. Despite the considerable challenges of travelling from Gaza, Mona says that he managed to do so for the first time last year, visiting Turkey and the USA. This experience had a profound impact on him, transforming him in many ways.

Prior to his tragic absence, Mona recalls that he aspired to expand the reach of NewPress beyond the borders of Palestine and was actively pursuing English courses to enhance his skillset.

"We used to gather by the sea every week. His absence has deeply affected us, and we wish he returns soon," Mona expressed.

Protecting freedom of the press

Jad Shahrour, the Communications Officer at the Lebanese Skeyes Center for Media and Cultural Freedom, told The New Arab that journalists often find themselves as vulnerable targets. They usually play a crucial role in conveying the real events happening in war zones to the outside world, which could contribute to the pro-Palestinian narrative that Israel seeks to undermine.

"This content originating from Gaza serves to debunk Israeli misinformation and the proliferation of fake news that Israel consistently attempts to present as facts," Jad explained.

In 2005, the ICRC published a study on customary international humanitarian law that cites Rule 34, which states that "civilian journalists engaged in professional missions in areas of armed conflict must be respected and protected as long as they are not taking a direct part in hostilities."

Jad stresses that having protective laws for journalists is not enough; there's a need to establish mechanisms for punishment to ensure that those responsible for harming journalists are held accountable.

"Telling their stories and helping them share their content is essential to preserve the truth and ensure the abuse done to them and their fellow Palestinian civilians is not forgotten and unnoticed," Jad concluded.

Dana Hourany is a multimedia journalist based in Beirut