Childbirths in streets widespread, even animals can’t survive in Gaza: US court told

The US district court at 1301 Clay Street in Oakland, California was hearing the preliminary injunction motion pertaining to a case filed by the Center for Constitutional Rights (CCR) on behalf of a group of Palestinians. Read More

Saturday January 27, 2024 3:57 PM , ummid.com with inputs from Agencies

[The U.S. Federal Court in California on Friday January 26, 2024 during the hearing on the CCR genocide lawsuit against Joe Biden and his team (Image shared by Dena Takruri on X via @Dena]

Oakland (California): Deposing before a Federal Court in California Friday January 26, 2024 the Palestinians testified that women are the worst sufferer in Gaza where childbirths in streets are widespread, adding that the condition today in the besieged enclave is such that even animals cannot survive.

The federal court was also told that US President Joe Biden, Secretary of State Antony Blinken, Secretary of Defense Lloyd Austin and other US officials are complicit in the Israel’s genocide of Palestinians in Gaza and they must be held accountable and stopped immediately.

Genocide case against Biden and his team

The US district court at 1301 Clay Street in Oakland, California was hearing the preliminary injunction motion pertaining to a case filed by the Center for Constitutional Rights (CCR) on behalf of a group of Palestinian Human Rights Organizations, residents of Gaza, and U.S. citizens with family members impacted by Israel’s relentless bombings and indiscriminate killing of civilians in Gaza.

The lawsuit filed on November 13, 2023 did not only accuse the Biden administration of failing to “prevent an unfolding genocide” but also accused it of being complicit in the Israeli war crimes by supplying to the Zionist regime weapons.

The case against Biden, Blinken, Austin and others filed on behalf of two Palestinian organizations and eight Palestinians in the U.S. and Palestine challenged “the U.S. government's aiding and abetting of genocide and demand that it work to prevent genocide and comply with its legal obligations under international law.”

In response to the CCR lawsuit, the federal government filed a motion to dismiss on December 8, 2023. The CCR in turn filed its opposition and preliminary injunction motion reply on December 22, 2023. Briefs of amici curiae were filed in support of plaintiffs on December 29, 2023. The U.S. government filed its motion to dismiss reply on January 12, 2024.

The CCR moved to the court again with a sur-reply on January 16, 2024 the hearing on which was held on Friday January 26, 2024.

'Heart-breaking testimonies'

During the hearing on the case Friday, the CCR urged the federal court to ask Biden administration to halt its financial and military support to Israel and uphold its obligations to prevent genocide.

Author and journalist Dena Takruri, who was present in the court during the hearing, reported heart-breaking testimonies from the Palestinian plaintiffs whose family members are in Gaza, many of them killed while some others are under the rubble, impossible to dig out.

According to the CCR, one plaintiff testified from Gaza, one from Ramallah, and five plaintiffs provided live testimony in court, of the death, displacement, and destruction their families and communities have faced since Israel began its campaign of retaliation for the October 7 Hamas attacks.

In just one example, approximately 60 members of Ahmed Abofoul’s extended family have been killed since the complaint was filed on November 13, 2023 underscoring the need for the court to issue an immediate injunction, the CCR said.

“Animals cannot survive these kind of conditions", plaintiff Mohammad Monadel Herzallah told the court describing how his family and others are forced to live in Gaza.

Dr Omar Al-Najjar who testified before the court remotely from Rafah in Gaza Strip.

“Cases of childbirth in the streets are widespread at this time", he said.

'Court must intervene now'

Ayman Nijim, a plaintiff in the case seeking the court’s intervention said the images of their families and communities, Palestinian babies, children, women, and men from Gaza, are shaking them to their core.

“These are times of genocide, and we desperately need a U.S. court to intervene. So much hangs in the balance. Today, Palestinians spoke out in court and made a powerful case for why a preliminary injunction is necessary: we are hopeful the judge will agree with us and issue an order soon”, Ayman Nijim told the court.

The CCR on behalf of the Palestinians sought an emergency court order to halt the U.S. support for Israel’s assault, including by enjoining the transfer of more weapons and unconditional support to the Israeli government.

“Our plaintiffs’ testimonies today demonstrate just how urgent it is for the Biden administration to finally do what they and the vast majority of the people of the world have demanded: stop sending weapons to enable Israel’s genocidal campaign against Palestinians in besieged Gaza and instead uphold its clear legal duty to end, not further, genocide,” said Katherine Gallagher, a senior attorney at the Center for Constitutional Rights (CCR) who argued in court today.

“These are clear legal duties under U.S. and international law, and we call on the court to uphold its Constitutional role to hold President Biden, Secretary of State Blinken, and Secretary of Defense Austin to legal obligations and issue a preliminary injunction to stop the flow of weapons for Israel’s genocide”, she said.

Notably, the California federal court hearing on the CCR lawsuit against Biden and his team came on the day when the International Court of Justice (ICJ) in a landmark ruling refused to dismiss the South Africa’s case accusing Israel of committing genocide and massacre of Palestinians in Gaza.

The ICJ further asked the Zionist regime in Israel to use all the power in its hand to prevent genocide of Palestinians, ensure aid in the besieged enclave and submit action taken report in a month.

The UN Security Council (UNSC) meanwhile has called an emergency meeting after the ICJ ruling on provisional measures to be immediately implemented by Israel.

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