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genocide convention
US Reps. Thompson, Huffman Served in Class Action Suit Over Gaza Genocide
California residents' lawsuit accuses the Democrats of violating their constitutional rights by voting to use their taxes "for the unlawful purpose of being complicit in genocide."
Jan 02, 2025
Two Democratic congressmen from Northern California were served this week with legal documents in a class action lawsuit filed by hundreds of their constituents who argue that the lawmakers illegally forced them into complicity with Israel's genocidal annihilation of Gaza.
Taxpayers Against Genocide (TAG), a group of more than 600 constituents of Reps. Mike Thompson and Jared Huffman represented by the firm Szeto-Wong Law, said it delivered a complaint for declaratory and injunctive relief to the U.S. Capitol in Washington, D.C. on Tuesday, where it was received by Deputy General Counsel for the House of Representatives Todd Tatelman.
As Common Dreamsreported, the lawsuit was filed last month in San Francisco.
TAG said in a statement Wednesday that Thompson and Huffman "illegally abused their tax and spend authority when they voted to allocate $26.38 billion in military aid to Israel on April 20, 2024," and that by doing so, they violated the U.S. Constitution, the Genocide Convention, and federal laws.
According to the lawsuit:
Mike Thompson and Jared Huffman exceeded the constitutional limitations on their tax and spend authority by voting to authorize the funding of the Israeli military when they were aware, or should have been aware, that the Israeli military was committing genocide in Gaza, which made their votes a violation of customary international and federal law that prohibits complicity in genocide. Furthermore, defendants' votes violated multiple other laws and policies, including the Leahy Law, which prohibits aid to foreign security forces that have committed a gross violation of human rights; the Foreign Assistance Act of 1961 and Arms Export Control Act, which prohibit assistance to any country in which the government engages in a consistent pattern of gross violations of internationally recognized human rights and require the advancement of U.S. foreign policy interests consistent with internationally recognized human rights; and the Conventional Arms Transfer policy, which prohibits U.S. weapons transfers that risk facilitating or otherwise contributing to violations of human rights or international law. Plaintiffs' constitutional rights to have their taxes collected for only lawful purposes have been and continue to be violated by defendants' votes to use plaintiffs' taxes for the unlawful purpose of being complicit in genocide.
"The moral injuries that I and countless other constituents of Rep. Huffman have suffered resulting from his vote to arm the genocide in Gaza are immeasurable," plaintiff Carol Bloom said on Wednesday.
Judy Talaugon—a plaintiff and an Indigenous elder and activist in Sonoma County—said: "Palestinian children are all our children, deserving of our advocacy and support. And their liberation is the catalyst for systemic change for the betterment of us all."
In an interview with CounterPunchpublished Wednesday, plaintiff Ellen P. said that although Huffman did hold a November 2023 meeting with members of the group Humboldt for Palestine, activists in attendance left disappointed.
"I was aghast at Huffman's response to this thoughtful and heartfelt plea from his constituents," she said. "He repeatedly interrupted speakers, admonished their use of language—even debating with us about the definition of 'genocide' and 'apartheid'—and tried to lecture us rather than listen to us."
"He made it very clear he was not at all interested in anything we had to say and that he is a committed Zionist," she added.
Huffman has not responded publicly to the lawsuit.
Thompson's office responded last month to the suit in a statement asserting that the congressman "understands that it has been the civilian population that has paid the cost of Hamas' terrorist attack on Israel and he remains gravely concerned about the scale of civilian loss in this war."
However, the statement added that "achieving peace and securing the safety of civilians won't be accomplished by filing a lawsuit."
United Nations experts, human rights groups, jurists, academics, activists, and others argue that Israel's policies and actions during its 454-day assault on Gaza fit the definition of genocide as described in Article II of the Convention on the Prevention and Punishment of the Crime of Genocide, more commonly called the Genocide Convention.
Backed by over two dozen mostly Global South nations and regional blocs, South Africa is leading a genocide case against Israel at the International Court of Justice in The Hague. The U.S., which provides Israel with tens of billions of dollars in military aid and diplomatic cover including United Nations Security Council cease-fire resolution vetoes, is one of around 10 countries—most of them in the Global North—opposing the case.
The year 2025 began with more Israeli killing of Palestinians, including a New Year's Day airstrike massacre at the Jabalia refugee camp that left at least 15 people, including four children and a woman, dead, and a Thursday attack on an Israeli-designated "safe zone" in southern Gaza that reportedly killed at least 11 people, including three children.
According to Gaza officials, at least 45,581 Palestinians have been killed and more than 108,000 others wounded by Israeli attacks, with at least 11,000 people missing and believed dead and buried beneath rubble. The overwhelming majority of Gazans have been forcibly displaced, and hundreds of thousands are suffering starvation and sickness exacerbated by Israel's "complete siege" of the embattled enclave.
TAG plaintiff Norman Solomon wrote in a Thursday opinion piece forCommon Dreams that he whilethat he certainly does not "expect the courts to halt the U.S. policies that have been enabling the horrors in Gaza to go on," the unprecedented lawsuit "makes a clear case for the moral revulsion that so many Americans feel about the culpability of the U.S. government."
As Maria Barakat, a Palestinian-Lebanese American plaintiff in the case said on Thursday, "This class action is only the beginning of the people's exercise of power against the violence of the American government and our refusal to be complicit."
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37 Groups Demand Foreign Secretary Clarify UK Definition of 'Genocide'
David Lammy's recent comment to Parliament, the coalition said, "at best, has injected a deeply troubling ambiguity in respect of these pivotal issues in light of the mass atrocities perpetrated against civilians in Gaza."
Nov 05, 2024
Fallout over remarks that David Lammy, the U.K.'s secretary of state for foreign, commonwealth, and development affairs, recently made to the House of Commons about the Israeli assault on the Gaza Strip continued on Tuesday with a letter from 37 rights organizations.
"We call on the foreign secretary, as a matter of urgency, to make a statement clarifying the government's understanding of i) genocide in international law; ii) the scope of the U.K.'s international obligations pursuant to the Genocide Convention and Rome Statute; and iii) what steps must be taken to fulfill such obligations," the coalition wrote.
The groups pointed to an exchange between Lammy, of the Labour Party, and Conservative Member of Parliament Nick Timothy on October 28, when the foreign secretary said that the way words like genocide are being used now "undermines the seriousness of that term."
Israel faces a South Africa-led genocide case at the International Court of Justice over its 13-month assault on Gaza, which has killed at least 43,391 Palestinians and wounded another 102,347, according to officials in the Hamas-governed enclave. The ICJ initially ordered Israel to "take all measures within its power" to uphold its obligations under the Genocide Convention in January.
Lammy's response to Timothy last week, "at best, has injected a deeply troubling ambiguity in respect of these pivotal issues in light of the mass atrocities perpetrated against civilians in Gaza," the coalition argued Tuesday. He "chose to undermine international law and answer in opposition to the International Court of Justice."
"If Labour is indeed the party of international law, Foreign Secretary David Lammy must align with, rather than undermine, the courts."
Despite Lammy's suggestion, the Genocide Convention contains no numerical threshold and "is clear that the crime of genocide is not only perpetrated through mass killing," the groups noted, highlighting Israeli attacks on food production, water infrastructure, healthcare facilities, and civilian housing, shelters, and camps.
In northern Gaza, "Palestinian civilians are being killed through starvation and dehydration, disease, deprivation of lifesaving medical intervention, and constant bombardment and targeting by weaponized drones," they wrote. United Nations Secretary-General António Guterres "has warned of the ethnic cleansing of Gaza by Israel while the U.N. Commission of Inquiry has concluded that the Israeli authorities have committed the crime against humanity of extermination of part of the civilian population in Gaza through direct and indirect means."
"These assessments raise the specter of genocide and support the findings of other experts who have long concluded that genocide is taking place," the coalition continued. "This makes it imperative for the foreign secretary to revisit his comments and to clarify the government's understanding of the crime of genocide."
Amichai Stein, a correspondent for state-owned Israeli broadcaster Kan, said on social media Tuesday that the Israel Defense Forces (IDF) announced "the division of the northern Gaza Strip into two parts has been completed, and we getting closer to the complete evacuation of the northern part from civilians and terrorists: 'This time there is no intention to allow the residents of the northern Gaza Strip to return to their homes and that humanitarian aid will regularly enter the southern Gaza Strip.'"
In other words, as Drop Site News' Ryan Grim put it, "Israeli media reporting that the IDF is declaring northern Gaza effectively ethnically cleansed, not even a hint of pretense now that it's Election Day" in the United States.
While the U.S. has repeatedly faced global condemnation for arming Israel over the past year, the rights coalition on Tuesday focused on the U.K. government, emphasizing that "to the extent that the ICJ has already ordered provisional measures, the U.K. is on notice that a plausible risk of genocide exists, triggering third-state responsibility."
Signatories to the letter include ActionAid U.K., Christain Aid, Council for Arab-British Understanding, Democracy for the Arab World Now, Gender Action for Peace and Security (GAPS), Global Justice Now, Jewish Network for Palestine, Medical Aid for Palestinians, Quakers in Britain, and War on Want.
GAPS director Eva Tabbasam toldMiddle East Eye that the language used to describe the war in Gaza "is essential to recognize the suffering of Palestinians and consider all possible actions the U.K. has to contribute to stopping what is a plausible risk of genocide."
"If Labour is indeed the party of international law, Foreign Secretary David Lammy must align with, rather than undermine, the courts," Tabbasam said. "He should have already done so months ago when the court first published this language, but the second best time is right now."
Separately, War on Want on Tuesday published an analysis detailing how "Israel is committing genocide of the Palestinian people" and arguing that "the U.K. government is failing to uphold international law, and is complicit in Israel's crimes, as it continues to export weapons and technology used by Israel against the Palestinian people."
"Palestinians have long struggled for their rights and for justice. During the 1947-8 ethnic cleansing of historic Palestine—the Nakba (Arabic for 'catastrophe')—around 750,000 Palestinians were forced from their homes and lands by armed groups, to live under Israel's system of apartheid," the group noted. "Israel has carried out its ethnic cleansing of the Palestinian people, unlawful occupation, apartheid, and blockade of Gaza—the ongoing Nakba—with impunity and has now escalated its actions into genocide."
The London-based organization is also circulating a petition in response to the foreign secretary's remarks from last week, which says in part: "David Lammy is misleading parliament and the U.K. public. He must tell the truth—that this is genocide—and immediately take action to stop the genocide, and the U.K.'s complicity."
Other responses to Lammy's comments have included public criticism from What Is Genocide? author Martin Shaw and dozens of public figures in the Arab British community demanding an apology.
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South Africa Files 750 Pages of 'Overwhelming' Evidence in ICJ Genocide Case Against Israel
"The glaring genocide in Gaza is there for all who are not blinded by prejudice to see."
Oct 28, 2024
South Africa filed 750 pages of "overwhelming" proof that Israel is committing genocide in Gaza to the International Court of Justice in The Hague, Netherlands on Monday, the deadline for submitting final evidence in the ongoing trial.
South African Ambassador to the Netherlands Vusi Madonsela delivered the legal document—known as a memorial—to the ICJ headquarters in the Dutch city. Under the court's rules, the contents of the memorial cannot be made public at this time.
According to a statement from the office of South African President Cyril Ramaphosa, the memorial is a "comprehensive presentation of the overwhelming evidence of genocide in Gaza."
The office said the document "contains evidence which shows how the government of Israel has violated the Genocide Convention by promoting the destruction of Palestinians living in Gaza, physically killing them with an assortment of destructive weapons, depriving them access to humanitarian assistance, causing conditions of life which are aimed at their physical destruction, and ignoring and defying several provisional measures of the International Court of Justice, and using starvation as a weapon of war and to further Israel's aims to depopulate Gaza through mass death and forced displacement of Palestinians."
"The evidence will show that undergirding Israel's genocidal acts is the special intent to commit genocide, a failure by Israel to prevent incitement to genocide, to prevent genocide itself, and its failure to punish those inciting and committing acts of genocide," Ramaphosa's office added.
South Africa's filing comes amid Israel's ongoing 387-day assault on Gaza, which according to Palestinian and international agencies has killed at least 43,020 people—most of them women and children. At least 101,110 others have been wounded and over 10,000 Gazans are missing and believed dead and buried beneath the rubble of hundreds of thousands of bombed homes and other structures. Millions more Palestinians have been forcibly displaced, starved, or sickened by Israel's invasion and "complete siege" of Gaza.
The filing also comes one week after senior members of Israeli Prime Minister Benjamin Netanyahu's far-right Cabinet and national lawmakers spoke at a conference advocating the ethnic cleansing and recolonization of Gaza.
Ramaphosa's office lamented that "Israel has been granted unprecedented impunity to breach international law and norms for as long as the United Nations Charter has been in existence."
"Israel's continued shredding of international law has imperiled the institutions of global governance that were established to hold all states accountable," the presidency's statement asserted. "The glaring genocide in Gaza is there for all who are not blinded by prejudice to see."
Ramaphosa's statement continues:
The Palestinian struggle against imperialism, Israeli apartheid, and settler colonialism is the daily reality of the Palestinian people. Since 1948, they have faced various forms of colonization, often backed by historical colonial powers and, more recently, by states intent on shaping a world order in their interests. The global fight against settler colonialism persists in some parts of the world, including in occupied Palestine, both in Gaza and the West Bank. The international community cannot stand idly by while innocent civilians—including women, children, hospital workers, humanitarian aid workers, and journalists—are killed for simply being. That is a world we cannot accept.
"We reiterate our appeal for an immediate cease-fire in Palestine, in Lebanon, and entire region, and the start of a political process to ensure a just and lasting peace," Ramaphosa's office added.
South Africa also thanked the more than 30 countries and regional blocs, including the African Union and Arab League, that are supporting its case.
It could take years for the ICJ to deliver judgment in the case. In July, the tribunal issued a nonbinding advisory opinion that Israel's occupation of Palestine—including the West Bank, Eastern Jerusalem, Gaza, and Syrian Golan Heights—is an illegal form of apartheid that must end "as rapidly as possible."
South Africa's filing came on the same day that Francesca Albanese, the U.N. special rapporteur on the situation of human rights in the occupied Palestinian territories, published a report on Israeli "genocide as colonial erasure" in Palestine.
Israel vehemently denies it is committing genocide in Gaza, a position shared by the Biden administration, the country's main benefactor.
Palestine advocates welcomed Monday's filing, with Council on American-Islamic Relations national executive director Nihad Awad thanking South African leaders "for helping expose the far-right Israeli government's genocide and genocidal intent in Gaza to the world community."
"This detailed submission also further exposes the Biden administration's criminal complicity with Israel's genocide in Gaza," Awad added. "President [Joe] Biden should end his complicity with genocide by stopping arms deliveries to Israel and forcing an immediate cease-fire."
The Biden administration and Congress have provided Israel with tens of billions of dollars worth of armed aid and diplomatic cover to continue its war.
Francis Boyle, a professor of international law at the University of Illinois College of Law, noted that "Israel has violated three prior orders from the court" and "has also violated the decision on Rafah of May."
"Just after that decision, Biden put out his ridiculous statement that Israel had agreed to a cease-fire, which it obviously didn't," he continued. "The Biden administration's phony 'cease-fire negotiations' maneuvers have simply bought Israel more time to commit more crimes, including its recent annihilation of northern Gaza."
"Given Israel's lack of respect for decisions of the court, it becomes imperative that these decisions have teeth," Boyle added. "The U.S. veto at the U.N. Security Council has prevented that body from doing its job. So, the U.N. General Assembly should utilize its Uniting for Peace procedure to take control of the situation and recommend an arms embargo and economic sanctions against Israel as well as other measures. That's what was done to apartheid South Africa because of its illegal occupation of Namibia."
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