| Defense for Children International – Palestine et al v. Biden et al | |
| Court: | United States District Court for the Northern District of California |
| Date Decided: | dismissed on 31 January 2024 |
| Docket: | 4:23-cv-05829-JSW [1] |
| Judges: | Jeffrey White |
Defense for Children International – Palestine et al v. Biden et al is a lawsuit by Defence for Children International – Palestine et al in the United States District Court for the Northern District of California against President Joe Biden, Secretary of Defense Lloyd Austin, and Secretary of State Antony Blinken for the U.S. officials; alleged "failure to prevent and complicity in the unfolding genocide against Gaza".[1] [2] [3] [4] The plaintiffs include several Palestinian Americans whose families have been killed.[5] The court dismissed the case on January 31, 2024, ruling that while "it is plausible that Israel's conduct amounts to genocide," US foreign policy was a political question over which courts lacked jurisdiction.
See also: Casualties of the Israel–Hamas war. The Israel–Hamas war had seen high levels of civilian deaths in Gaza, mostly due to the Israeli invasion of Gaza with Oxfam stating that the "death rate in Gaza is higher than any other major 21st Century conflict."[6] The United Nations Office for the Coordination of Humanitarian Affairs, citing the Gaza Health Ministry, reported that by day 97 of the war that 23,708 were killed, with 60,005 injuries and over 1.9 million people displaced in Gaza.[7]
The plaintiffs' families have been severely affected by hostilities in Gaza. Together, the plaintiffs counted over 100 family members killed in Gaza. Included among the dead are six members of Ahmed Abu Artema's family who were killed, including his 12-year-old son, five members of Dr. Al-Najjar's extended family who were killed, and eight of Mr. Abu Rokbeh's family who were killed. Several individuals and 77 human rights organizations have stood behind the plaintiffs as amici curiae, including Josh Paul from the US State Department; genocide and Holocaust scholars William Schabas, Dr. John Cox, Dr. Victoria Sanford, Dr. Barry Trachtenberg; and Jewish Voice for Peace.[8] [9] [10]
The Center for Constitutional Rights filed the case for the plaintiffs on November 13, 2023. The preliminary injunction hearing took place on January 26, 2024.
On 31 January 2024, the case was dismissed. The judge ruled that the court lacked jurisdiction over US foreign policy due to the U.S. Constitution's political question doctrine, but that he would have preferred to have issued the injunction and urged President Biden to rethink U.S. policy,[11] [12] writing:[13]
The often cited precedent against jurisdiction of U.S. courts in this case was Corrie v. Caterpillar, Inc (2007).[14] [15]
As reason to not apply the U.S. statutes in regard to the Genocide Convention on the actions of the U.S. government, the court relied on the political question doctrine and cited the reasoning in Corrie v. Caterpillar, Inc: "Whether to grant military or other aid to a foreign nation is a political decision inherently entangled with the conduct of foreign relations."[13]