Showing posts with label ICJ. Show all posts
Showing posts with label ICJ. Show all posts

Sunday, January 26, 2025

NLG on the ceasefire in Gaza, censorship at Columbia, and the immigrant support movement

 A new NLG know your rights, or risks, guide has been posted at:  www.nlg.org/massdefenseprogram/responsive-guides/


The NLG'annual Week of Abolition will be March 3-7, with the theme: "Practicing Everyday Abolition" --  www.nlg.org/woa/




Sent out by email the evening of January 16th:





[Re-posted:


 The National Lawyers Guild Says Ceasefire Today, Liberation Tomorrow! 


The National Lawyers Guild (NLG) welcomes the announcement of a ceasefire in the occupied territory of Gaza. This is the least that could happen, given Israel’s recent escalation of their 76-year, ongoing, genocidal campaign against Palestinians. It comes at a time when the death toll has exceeded 46,000 people, with reports that this number is undercounted. Israel has displaced more than 90% of the Palestinians living in Gaza. It will take decades to rebuild all the damage that was done, and therefore it's imperative that we also demand an immediate lifting of the lifting of the siege and ongoing economic embargo on Gaza. 

This level of violence and destruction witnessed could not have been achieved without our elected officials at every level of government aiding Israel. The U.S. federal government has sent over $26 billion in weapons since October of 2023. Congress passed legislation designed to target non-profits who dare to speak out about the genocide of Palestinians. States like Texas have censored pro-Palestine speech on college campuses. 

All of this did not stop the massive wave of popular support that the Palestinian people have across the world. Mass protests broke out against the ongoing genocide. Universities became encampments, as students took over public spaces demanding an end to the genocide. The International Criminal Court and International Court of Justice both have cases against Israel for violating human rights, thanks to the initiative and pressure of Palestinians and their allies from South Africa to Chile to Ireland, and many more. The world has witnessed the atrocities that Israel is committing, and they are fighting back. 

We call on the US and international legal community to escalate our pursuit for legal accountability for the last 467 days of genocide and all Israeli colonial violence, ethnic cleansing, ongoing war crimes and crimes against humanity, including the crime of apartheid, in our global and local legal institutions. We support the efforts of activists and progressive legal communities who are pursuing legal justice against individual members of the genocide army through national laws of Universal Jurisdiction. Every state which has signed and ratified the Geneva Convention is duty bound to prosecute those responsible for violating the Conventions. 

We must also call for  our legal community to unite in the pursuit of real justice against U.S. individuals and institutions who have directly participated, aided and abetted in the genocide and famine, from the Biden administration officials, to member of Congress, to the media. They are all responsible.The ceasefire agreement has yet to be ratified, and is set to be rolled out in stages. We must keep our eyes on Gaza and the Palestinian people. The NLG continues to reiterate its support for a free Palestine. We believe that the Palestinians have the right to self-determination, by any means necessary. We also continue to reiterate the “legitimacy of the right of the Palestinian people to resist illegal military occupation, apartheid and ethnic cleansing" as is clear in international law and any correct moral standard. We join others in the statement Ceasefire today, Liberation tomorrow!




The National Lawyers Guild Is In Solidarity with Katherine Franke, and Condemns Columbia University


The National Lawyers Guild (NLG) condemns Columbia University’s forced retirement of former NLG Executive Director, Katherine Franke. This response is only one of the many attacks Columbia University has lobbied against anyone daring to speak out against Israel’s genocide of Palestinians. Professor Franke is a true embodiment of the NLG’s spirit and fight of putting people and the planet over profits. 

After 25 years of service, Professor Franke was forced out of Columbia University for her unwavering support for Palestinian liberation. This is retaliation from Columbia University against her statements in support of the student encampments protesting Isarel’s genocide against Palestinians. She also brought to light the fact that Israeli students who had recently served in the Israeli military were using violence against anti-genocide protesters. 

Columbia University’s response to these student encampments is unequivocally one of violence: the University sent in the NYPD to clear the encampment, allowed Zionist students and professors to attack anti-genocide protestors, and has retaliated against anyone on staff who dares to support these brave student protestors.

Israel’s genocide against Palestinians continues to intensify, claiming the lives of over 46,000 since October 7th, 2023. Standing in solidarity with Palestinans who are asserting their right for liberation and self-determination is not radical. We cannot remain silent in the face of continued Israeli occupation of Palestine. Katherine Franke reminds us that we must speak out, no matter the cost. ]






Sent out by email the evening of January 24th:



New KYR for immigration justice advocates: Assessing Risks in Supporting Immigrants at Points of Intervention, Understanding the “Harboring” Non-U.S. Citizens Federal Crime, 8 U.S.C. § 1324(a)(1)(A)


In collaboration with Southern Coalition for Social Justice and National Immigration Project, the NLG’s Mass Defense Program has created a new KYR for people advocating with and supporting non-U.S. citizens. The new Trump administration has already stated its intent to use laws to prosecute “immigration-related violations,” which can extend to individuals who help and advocate on behalf of non-U.S. citizens. In the past, the federal government has utilized a federal crime against immigrant advocates, 8 U.S.C. § 1324(a)(1)(A), “Bringing In and Harboring Certain” Non-U.S. Citizens. Understanding this very broad law can help assess risks at different points of intervention!

Read the full guide across our website and social media platforms:

Website

Instagram 

Bluesky

Facebook

Resources for non-U.S. citizens when protesting:

National Immigration Project Resources: bit.ly/nipresources

National Immigration Law Center's KYR: bit.ly/nilckyrimmigrants




Sent out by email January 15th in the afternoon:


Letter to Character and Fitness Committees Regarding Advocacy for Palestinian Rights


Dear [ ],

This morning, January 15, 2025, Unlock the Bar and Palestine Legal, joined by the National Lawyers Guild, Center for Constitutional Rights, American-Arab Anti-Discrimination Committee, the Palestinian American Bar Association, and the Climate Defense Project, have submitted a letter to each attorney licensing jurisdiction in the country, reminding the Character and Fitness Committees of their constitutional and legal obligations when evaluating applicants to the bar.

Both historically and currently, the attempts to utilize the Character and Fitness process in order to withhold licensure from social justice advocates engaging in liberative movements has been an unfortunate reality. In this moment of anti-Palestinian bias, there have already been examples of prospective applicants being subject to unfair and disparate treatment as they attempt to become lawyers. Character and Fitness Committees must be mindful to not allow such bias to affect their applicant review process.

With this letter, legal groups and advocacy organizations are reminding bar committees that, as government entities,  they must be bound to the First and Fourteenth Amendments, anti-discrimination laws, and constitutional jurisprudence.

"As in all other realms in the U.S., the Palestine exception to free speech is affecting lawyers. They are facing heightened scrutiny and punishment for a rational political position,” said Xavier T. de Janon, NLG Director of Mass Defense. “Character and Fitness evaluations are dated, onerous, and shadowy processes that have little to do with the practice of law.”

Full letter: "Advising on Your Legal Obligations to Ensure an Equitable Character and
Fitness Review Process in the Face of Anti-Palestinian Repression."

The letter is currently taking sign ons of support. If you would like to join as a sign on to this letter, please fill out the form here.


UNAC on the ceasefire in Gaza

 Originally posted at:  nepajac.org/ceasefire.htm ; slightly edited [It wasn't really edited after all].




The Ceasefire was a victory for Palestine

The fight Continues to Free Palestine

Statement by the United National Antiwar Coalition


1/20/2025


The ceasefire agreement is a victory for the Palestinian people and for the Palestinian resistance. As we have said since the beginning, the goal of the Zionist government of Israel was the total destruction of Hamas and the Palestinian people. It was genocide.  But the Palestinian people live, and the Israeli government was forced to negotiate with Hamas.


[image]


It is remarkable that the Israeli hostages that have been returned so far have been in good shape and were treated well, this despite the fact of the continuous bombing and shelling of the Gaza and the denial to the people of Gaza basic necessities such as food, water, and medical supplies.  On the other hand, we have seen the Palestinians who have been taken prisoner stripped of their clothing, mistreated and tortured.


[Two images]


It is a war crime to not allow civilians to leave a combat area. Israel committed this war crime by keeping the Palestinian people in the open-air prison of Gaza as they bombed them. They committed this war crime because their goal was always to eliminate the Palestinian people from the land called Palestine.  And so, their war crimes also included the indiscriminate bombing of the people, of their homes, their hospitals, their schools and the entire infrastructure of Gaza. These are all war crimes defined in the Geneva accords and the rulings of the International Court of Justice.


But the Israeli government could have never committed this genocide without the help of the United States. It was US bombs from US planes, US shells, US money and US political support that was used to carry out this genocide.  The present ceasefire agreement was decided months ago but the US stood in the way of it being implemented.  The US voted with Israel in the United Nations to not support a ceasefire and in so doing, these two pro-genocide states stood against the entire world.  The United States is every bit as guilty as Israel.


The world has come to see the true nature of the Zionist regime and its US sponsors. This clearer understanding of the true nature of the Zionist government and US imperialism will never be forgotten.  Millions of people took to the streets across the world to protest this genocide.


This victory is due to the heroic resistance of the Palestinian people against tremendous odds and with tremendous sacrifice. The victory is also due to the support of people throughout the world and the Axis of Resistance, especially by Hezbollah, Yemen, the Assad government of Syria and Iran.


The genocide has not ended.  We must be vigilant to ensure that the ceasefire holds.  And while there is a ceasefire in Gaza, people are returning to the destruction of their homes.  We must demand that the US and the other supporters of this genocide pay for the reconstruction in Gaza.  We must also demand that that Israel, its illegal “settlers” and military stop their attacks and their illegal occupation of the West Bank.


From the River to the Sea, all of Palestine will be free!


Sunday, September 29, 2024

Statements on the assassination of Hassan Nasrallah 9/27, the attacks on Lebanon, and the anniversary of Sabra and Shatila + indicting Blinken and others

From Samidoun:  Hassan Nasrallah with I think Hamas' Ismail Haniyeh
From Samidoun:  Hassan Nasrallah with I think Hamas' Ismail Haniyeh [and Saleh al-Arouri]   



The Biden-Harris administration claims not to have been involved, but praised the operation, believing that 'some people need killing' (the sort of statement attributed to a leader of the Philippines and a Republican official and candidate in NC), along with any Lebanese civilians unfortunate enough to be nearby at the time.  Is Biden now the Democratic Party's George W Bush?  When did assassinating leaders become a preferred "Western" strategy?  The mainstream media claims that this is a great blow to Hezbollah, but assassination didn't work very well for the US in Iraq or Afghanistan, and Israel has been assassinating leaders for decades without ending the armed resistance.   Biden might even think that the US can use assassination against Russia and other countries with impunity, but Russia isn't a non-state guerrilla army.


From the CPC(M-L):  cpcml.ca/ITN2024/TI5419.HTM#1


husseini.substack.com/p/the-life-of-martyrdom


simplicius76.substack.com/p/israels-short-lived-glory-celebrated


In Sri Lanka:  indi.ca/what-nasrallah-said-about-his-death/


mpr21.info/hachem-safieddin-sucede-a-hassan-nasrallah-al-frente-de-hezbollah/ ]


[ geopoliticaleconomy.substack.com/p/hezbollah-nasrallah-israel-colonialism ]


www.nakedcapitalism.com/2024/09/this-maniac-must-be-stopped-netanyahu-condemned-over-massive-beirut-bombing.html ]


www.aaronmate.net/p/in-lebanon-carnage-biden-deepens


caitlinjohnstone.com.au/2024/09/29/israel-isnt-attacking-because-it-was-attacked-its-attacking-because-it-got-an-excuse/ or www.caitlinjohnst.one/p/israel-isnt-attacking-because-it


Not specifically about the events in Lebanon, but of interest newleftreview.org/sidecar/posts/false-hope


www.normalisland.co.uk/p/today-is-not-a-day-for-satire-its


sonar21.com/exploding-myths-of-middle-east-terrorism/


mpr21.info/las-explosiones-de-libano-muestran-la-fragilidad-de-la-cadena-mundial-de-suministros/


www.veteransforpeace.org/pressroom/news/2024/09/27/aipacs-war-democracy


Also, in Germany www.rt.com/news/604810-germany-arrested-rt-broadcasts


[ fair.org/home/judges-in-tiktok-case-seem-ready-to-discount-first-amendment/ ]


popularresistance.org/hezbollah-confirms-the-death-of-hasan-nasrallah-in-israeli-carpet-bombing/ ]


popularresistance.org/israels-bombing-campaign-backed-by-media-propaganda/ ]


apnews.com/article/lebanon-israel-hezbollah-airstrikes-28-september-2024-c4751957433ff944c4eb06027885a973


[ www.lemonde.fr/international/article/2024/09/29/a-beyrouth-la-stupeur-apres-la-mort-de-hassan-nasrallah_6338190_3210.html ]


www.rt.com/news/604867-hezbollah-leadership-eliminated-israel/ ]


[ www.rt.com/news/604854-hezbollah-chief-killed-israel/ ]


Hezbollah secretary-general (honorific:  Sayed) Hassan Nasrallah:  August 31, 1960 in Bourj Hammoud, Lebanon  September 27th in Dahieh en.wikipedia.org/wiki/Hassan_Nasrallah  In Arabic:  (السيد حسن) حسن نصر الله


en.wikipedia.org/wiki/2024_Hezbollah_headquarters_strike


The media now highlights that Hezbollah came to the assistance of Palestine and entered the war on October 8th in 2023.  Apparently missiles and mortars were fired from Syria October 12th.  Missiles were fired by Yemen on October 19th, with an official Ansar Allah statement on the 31st.  There were operations by the Islamic Resistance in Iraq and others attributed to Iran beginning that November.  Israel has been carrying out airstrikes, bombings, and assassinations in at least some of these countries for years prior to October 7th:  en.wikipedia.org/wiki/Israel–Hamas_war 


In Iraq:


popularresistance.org/iraqi-resistance-ready-for-open-war-against-israel-after-lebanon-attacks/ ]


en.wikipedia.org/wiki/Islamic_Resistance_in_Iraq


www.reuters.com/world/coalition-military-mission-iraq-end-by-sept-2025-us-iraq-say-2024-09-27/


www.timesofisrael.com/liveblog_entry/thousands-of-protesters-trying-to-storm-us-embassy-in-baghdad-after-nasrallah-killing/











42 Years Later: The Massacre of Sabra and Shatila Still Haunts Us Amid Gaza's Ongoing Genocide


For Immediate Release
Contact: 
Valentina Pereda, Communications Director, vpereda [at adc org]

 

Washington, D.C. | www.adc.org | September 15, 2024 – Today marks the 42nd anniversary of one of the most brutal acts of violence in modern history: the massacre of the Sabra and Shatila refugee camps. Beginning on September 16, 1982, Lebanese militia, operating under the direction of Israeli forces, massacred, wounded, and left homeless thousands of defenseless men, women, and children in the Sabra and Shatila Palestinian refugee camps. The indiscriminate killing was carried out methodically over the course of two days until the morning of September 18. By the end of this campaign of violence and terror, over 3,000 Palestinian refugees had been murdered. 

During the massacre, Israeli forces controlled the area surrounding the Sabra and Shatila camps. They allowed militants to enter the camps, blocked Palestinian refugees from escaping, and illuminated the night sky with flares as the killing raged on. The day after the killings stopped, the United Nations Security Council condemned the “criminal massacre of Palestinian civilians.” Three months later, the United Nations General Assembly unanimously condemned the killings as an act of genocide. A UN-established commission concluded that Israeli authorities were responsible for the massacre, with the intention to destroy the national and cultural identity of the Palestinian people. 

Even the Israeli-established Kahan Commission could not fully exonerate Israeli forces, finding then-Defense Minister Ariel Sharon “personally responsible” for not preventing the bloodshed. Though Sharon was briefly removed from his post, he later rose to become Israel’s Prime Minister, a chilling reminder of how deeply embedded impunity has been in Israel’s nearly century-long campaign of violence against Palestinians.

The ongoing genocide in Gaza today, with relentless bombardments, blockade, and mass casualties, echoes the horrific violence witnessed at Sabra and Shatila. Over the decades, the pattern of targeted massacres, displacement, and dehumanization of the Palestinian people has continued, rooted in the same colonialist ambitions that have driven Israel’s policies since its founding. The Gaza Strip, like the refugee camps of Lebanon, is a testament to the catastrophic consequences of dispossession and the ongoing efforts to eradicate Palestinian existence. 

Israel’s impunity continues as the international community has long failed to deliver justice for the victims of Sabra and Shatila, and that failure persists today as Palestinians in Gaza face yet another chapter of genocidal violence. The families of those massacred, both then and now, demand not only remembrance but urgent action. Ending Israel’s apartheid system and occupation, holding its leaders accountable for their crimes, and implementing the right of return for Palestinian people are essential steps toward justice.




Originally posted at:  www.veteransforpeace.org/pressroom/news/2024/09/27/vfp-letter-blinken-indictment September 27th.


Veterans for Peace letter for Blinken indictment



United States Department of Justice

Criminal Division

Human Rights and Special Prosecutions Section

Hope Olds, Chief

Via email only to Hope.Olds [at usdoj gov]

Courtney Spivey Urschel, Deputy Chief

Via email only to Courtney.Urschel [at usdoj gov]

 

Matthew Graves, Esq.

U.S. District Attorney

United States Attorney's Office

601 D Street, NW

Washington, DC 20579

Via email to matthew.graves [at usdoj gov]

 

RE: Request for immediate empanelment of grand jury to investigate criminal violations of federal laws governing provision of military weapons and munitions aid to Israel

 

Dear Ms. Olds, Ms. Urschel and Mr. Graves: 

 

  On behalf of the members of Veterans For Peace (VFP), an international organization of former military, we urgently request that you, as DOJ attorneys entrusted with enforcement of human rights laws, immediately empanel a grand jury to investigate whether U.S. Secretary of State Antony Blinken and U.S. Ambassador to Israel Jack Lew have lied to the U.S. Congress or conspired to lie to the U.S. Congress in violation of 18 U.S.C. § 1001; whether they have violated or conspired to violate the Export Control Act, 22 U.S.C. § 2778(a)(2) by misrepresenting and/or disregarding official U.S. government reports, including an expert report from within the State Department, documenting the commission of multiple acts by the government and military of the nation of Israel to deny and block delivery of humanitarian assistance to the Palestinian population of the Gaza Strip; whether they have violated or conspired to violate the Genocide Prevention Act, 18 U.S.C. § 1091 by concealing or misrepresenting the commission of acts by the government and military of the nation of Israel to deny and block delivery of humanitarian assistance to the Palestinian population of the Gaza Strip in order to further the genocidal destruction of that population; and whether they have violated or conspired to violate the War Crimes Act, 18 U.S.C. § 2441 by concealing or misrepresenting the commission of acts by the government and military of the nation of Israel to deny and block delivery of humanitarian assistance to the Palestinian population of the Gaza Strip, ensuring non-interruption of U.S. military aid to Israel which has allowed the continued perpetration of genocidal acts and war crimes against Palestinians in Gaza. 

 

BACKGROUND

 

  1. Israel’s inducement of famine and disease in Gaza and the State Department’s historical indifference to it

 

On September 24, 2024, the nonprofit investigative journalism group ProPublica published a news article captioned, “Israel Deliberately Blocked Humanitarian Aid to Gaza, Two Government Bodies Concluded. Antony Blinken Rejected Them.” That essay documented that in May 2024, despite having two official reports that concluded the government of Israel was systematically denying and blocking humanitarian food and medical assistance to the Gaza Strip in violation of U.S. foreign aid laws, Secretary of State Blinken reported to the U.S. Congress that “We do not currently assess that the Israeli government is prohibiting or otherwise restricting the transport or delivery of U.S. humanitarian assistance.”

 

ProPublica reported that in late April 2024, the U.S. Agency for International Development (USAID) and the State Department Bureau of Population, Refugees, and Migration (PRM) delivered their assessments to Secretary Blinken and other top diplomats of the role of Israel in directly causing humanitarian aid deliveries to, and within, the Gaza Strip to fail. USAID wrote a detailed 17-page memo on Israel’s misconduct, describing instances of Israeli sabotage and interference with aid efforts, including killing aid workers, razing agricultural structures, bombing ambulances and hospitals, sitting on supply depots and routinely turning away trucks full of food and medicine. Separately, the State Department’s Bureau of Population, Refugees and Migration also determined that Israel was blocking humanitarian aid and that the federal Foreign Assistance Act should be triggered to freeze some $830 million in taxpayer dollars earmarked for weapons and bombs to Israel. 

 

These conclusions had significant legal implications because the federal Foreign Assistance Act, (22 U.S.C. § 2378-1) requires the U.S. government to cut off weapons shipments to countries that prevent the delivery of U.S.-backed humanitarian aid. The cutoff of U.S. military assistance to Israel would have considerable effect on Israel’s ability to continue its genocidal war, as some 70% of Israel’s bombs, weapons and other munitions are imported from the U.S. 

 

ProPublica described the USAID memo as indicative of a deep rift within the Biden administration on the issue of unimpeded military aid to Israel. In March 2024, the U.S. ambassador to Israel, Jack Lew, sent Secretary Blinken a cable arguing that Israel’s war cabinet, including Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, should be trusted to facilitate aid shipments to the Palestinians. Lew recommended continued military assistance because he had “assessed that Israel will not arbitrarily deny, restrict, or otherwise impede U.S. provided or supported” shipments of food and medicine. In the months leading up to his March cable, Ambassador Lew’s underlings repeatedly told him of instances where the Israelis blocked humanitarian assistance, according to four government sources, but Lew had retorted that “No other nation has ever provided so much humanitarian assistance to their enemies.”

Secretary Blinken and the Biden administration rejected both the USAID and State Department staff findings. On May 10, 2024, Secretary Blinken formally wrote to Congress, “We do not currently assess that the Israeli government is prohibiting or otherwise restricting the transport or delivery of U.S. humanitarian assistance.” This assessment allowed the U.S. to continue to provide hundreds of millions of dollars’ worth of military aid to Israel, in flat contradiction of voluminous contrary evidence in the public domain. When Secretary Blinken lied to Congress, he also violated the Arms Export Act and the Genocide Prevention Act, as detailed below.

  1. Veterans For Peace (VFP) warning of legal violations in February 2024

Secretary Blinken’s false May 10 statement to Congress embodies and is the product of multiple violations of U.S. federal law. 

 

Veterans For Peace is a 39-year-old international organization composed of war veterans and other opponents of war. Throughout its existence, VFP has been a public watchdog and critic of U.S. foreign and military policy toward Palestine for many years and supports the cause of ending the Israeli occupation of the Gaza Strip and West Bank. Military veterans possess specialized knowledge of how wars happen and how weapons and munitions are used in them. VFP investigators have for decades visited Gaza and the West Bank to bear witness to humanitarian rights violations and war crimes perpetrated by Israel and its military. Since the tragic and unfortunate events of October 7, 2023 caused by the Hamas organization, VFP members have monitored the ongoing hostilities pitting the superior Israel Defense Force against the guerilla resistance of Hamas. VFP’s investigation has particularly tracked suspected and apparent violations of humanitarian laws and treaties and the commission of war crimes by the parties.  

 

On February 9, 2024, VFP delivered a lengthy annotated letter to U.S. Secretary of State Antony Blinken; Jessica Lewis, Assistant Secretary of State for Political-Military Affairs; Barbara A. Leaf, Assistant Secretary of State for Near Eastern Affairs; Robert S. Gilchrist, Senior Bureau Official of the Bureau of Democracy, Human Rights, and Labor; and Diana Shaw, Esq., then Acting Inspector-General of the Department of State, addressing the Department of State’s possible violations of the Foreign Assistance Act, Arms Export Control Act, Leahy Laws, the Conventional Arms Transfer Policy (NSM-18) of February 2023, the U.S. War Crimes Act and the Genocide Implementation Prevention Act. Those laws variously prohibit transfers of weapons and munitions to Israel if there is credible evidence the arms will be used by Israel to commit, or aggravate risks that Israel will commit, genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, or other serious violations of international humanitarian or human rights law. 

 

The U.S. Department of State has never responded to, nor even acknowledged receipt of, VFP’s February 9, 2024 letter.

 

In their letter, VFP recounted credible reports of humanitarian crimes being committed by units of the Israel Defense Force during its ongoing invasion of the Gaza Strip. The IDF, which is heavily dependent on U.S. weapons and munitions to prosecute its operations in Gaza has continually committed genocidal acts and promoted genocidal incitements resulting in war crimes, crimes against humanity, and crimes of aggression with the material support of the U.S. VFP cited summary executions and intentional mass killings of noncombatant Palestinians, disproportionate attacks by the IDF that had killed thousands, attacks on hospitals and other health services as well as, cultural, historical and governmental properties, ethnic cleansing, intentional starvation of civilians and deprivations of water and energy supplies. We pointed to the Human Rights Watch report of December 2023 which documented allegations that Israel has been using starvation of the Palestinians in Gaza as a weapon of war. We also cited the World Food Programme’s eyewitness observations that exposed Israel’s aid inspection regime as a central culprit in disallowing humanitarian aid.

VFP reminded the State Department of the findings of the January 26, 2024 Order of the International Court of Justice which found that South Africa had shown a “plausible risk” that Israel is conducting genocide in the Gaza Strip. See Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel). In the near-unanimous ruling, the Court ordered Israel to prevent the commission of genocide of Palestinians in Gaza; not inflict conditions calculated to destroy Palestinians; prevent and punish direct as well as public incitement to commit genocide against Palestinians; and to take immediate and effective measures to provide urgently needed basic services and humanitarian assistance to Palestinians in the Gaza Strip. See Order at ¶ 30, ¶ 54, ¶ 59, and ¶ 66. 

 

VFP further brought to Secretary Blinken’s attention certain of the findings made by a U.S. federal judge in his February 1, 2024 “Order Granting Motion to Dismiss.” In Defense for Children International—Palestine, et al. v. Joseph Biden, et al., following an evidentiary hearing on the plaintiffs’ motion for a preliminary injunction, the court held that:

 

Both the uncontroverted testimony of the Plaintiffs and the expert opinion proffered at the hearing on these motions as well as statements made by various officers of the Israeli government indicate that the ongoing military siege in Gaza is intended to eradicate a whole people and therefore plausibly falls within the international prohibition against genocide.

 

This conclusion was entered upon extensive sworn testimony taken subject to cross-examination on January 26, 2024. 

 

In our February letter to Secretary Blinken, we provided viable evidence that the Department of State likely had violated federal restrictions on exports of military aid to Israel in the form of a sworn declaration of Josh Paul. Mr. Paul, former Director of Congressional and Public Affairs in the State Department’s Bureau of Political-Military Affairs, attested to significant failures by the Department in a declaration filed in the Defense for Children International—Palestine lawsuit:

 

I believe it is clear that the U.S. government is failing not only to execute the due diligence required under existing U.S. laws, but is actively creating and utilizing processes that help insulate Israel from accountability or sanctions in accordance with existing U.S. laws and policies. In my experience, the U.S. government is aware that U.S.-origin weapons, munitions, and equipment will be used by Israel in ways that are contrary to U.S. law, including applicable provisions of the Foreign Assistance Act, Arms Export Control Act, Leahy Laws, the Conventional Arms Transfer Policy (NSM-18) of February 2023, among others, and Israel’s own commitments to the United States under applicable processes and agreements, and other requirements that their end use of U.S.-origin weapons, munitions, and equipment be used in accordance with international law. The failure to execute meaningful due diligence or adequately apply existing U.S. laws permits the unfettered flow of military assistance to Israel forces with minimal oversight that leads to unnecessary civilian harm, gross violations of human rights, and impunity for violations of international law.

 

VFP demanded to know why the State Department’s emergency certification allowing sales of tank and artillery munitions to Israel in December 2023 was allowed in apparent contradiction of the guidelines of Sections 2, 3 and 4 of the Department’s Conventional Arms Transfer (“CAT”) Policy (NSM-18) (February 2023). We expressed skepticism that the provisions of CAT Section 2, to “prevent arms transfers that risk facilitating or otherwise contributing to violations of human rights or international humanitarian law,” were being fulfilled. We suggested that the Department’s ammunition transfer approvals appeared to contradict CAT Section 3’s obligation to weigh that Israel “may use the arms transfer to contribute to a violation of human rights or international humanitarian law, based on an assessment of the available information and relevant circumstances, including the capacity and intention of the recipient to respect international obligations and commitments.”

VFP pointed out that CAT Section 4 clearly directs that “no arms transfer will be authorized where the United States assesses that it is more likely than not that the arms to be transferred will be used by the recipient to commit, facilitate the recipients’ commission of, or to aggravate risks that the recipient will commit genocide; crimes against humanity; grave breaches of the Geneva Conventions of 1949, including attacks intentionally directed against civilian objects or civilians protected as such; or other serious violations of international humanitarian or human rights law, including serious acts of gender‑based violence or serious acts of violence against children.” But this guidance has been continually disregarded since October 7, 2023.

Two weeks after Secretary Blinken lied, in writing, to Congress about the state of humanitarian assistance to Gaza, the International Court of Justice on May 24, 2024 by a 13-2 vote ordered Israel to immediately halt its military offensive in southern Gaza and for the crossing from Egypt into Rafah to be kept open for the “unhindered provision at scale of urgently needed basic services and humanitarian assistance.” There is no evidence that Israel has complied with these orders.

THE SECRETARY OF STATE AND U.S. AMBASSADOR TO ISRAEL MAY HAVE COMMITTED SERIAL VIOLATIONS OF U.S. DOMESTIC CRIMINAL LAW

VFP submits that the State Department’s maladministration of the Foreign Assistance Act and Export Control Act relative to issues of aid to Israel may comprise criminal wrongdoing.  We thus request that the Department of Justice urgently convene a grand jury to investigate the possibilities of these criminal violations by Secretary of State Blinken and Ambassador Lew:

● The Export Control Act, 22 U.S.C. § 2778(a)(2), requires that “[d]ecisions on issuing export licenses under this section shall take into account whether the export of an article would . . . increase the possibility of outbreak or escalation of conflict.” Violations are punishable by up to 20 years of imprisonment under 22 U.S. Code § 2778(c).

Although he had available expert reports concerning multiple acts by the Israel government and military to thwart the provision of humanitarian assistance, Secretary Blinken neither integrated that information into his report to Congress nor did he take into account the potential for the Israeli wrongdoing to increase or prolong its invasion of Gaza and consequential acts of genocide. Similarly, by intentionally declining to invoke Section 620I of the Foreign Assistance Act (22 U.S.C. § 2378-1) and not requiring Israel as a recipient of U.S. military aid to facilitate unimpeded delivery of humanitarian assistance to Gaza, Secretary Blinken also failed to account whether under the Export Control Act the provision of military aid would escalate the ongoing genocide by the Israel Defense Force.

Secretary Blinken likely based his decision not to force Israel to deliver sufficient aid to Gaza in part on the knowingly false representations of Ambassador Lew, who ignored multiple reports of Israel’s blocking of assistance and refused to act on them while insisting merely that Israel is superlative in delivering humanitarian aid.

 

● The Material False Statement law, 18 U.S.C. § 1001(a), prohibits falsification or

concealment of material facts orally or in writing to the U.S. Congress. 18 U.S.C. § 1001(c)(1) prohibits falsification of “a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch.” Violations are punishable by up to 8 years of imprisonment under 18 U.S.C. § 1001(a)(3).

Secretary Blinken’s lack of candor with the Congress in order to continue the provision of military aid to Israel meant concealing the existence of the USAID and State Department reports showing the IDF as a repeat violator of federal laws. The concealed significant evidence expressly recommended the immediate cutoff of military aid to Israel. By allegedly lying to Congress, Secretary Blinken perpetuated ongoing genocidal acts and war crimes against the Palestinians of Gaza because the supply of weapons and munitions to Israel continued unabated.

  ● The Genocide Prevention Act, 18 U.S.C. § 1091, forbids intentional destruction of national, ethnic, racial, or religious group by killing, causing serious bodily injury or subjecting them to conditions of life that are intended to cause the physical destruction of the group in whole or in part. 

The intentional refusals by Secretary Blinken and Ambassador Lew to properly conduct the vetting and investigations and make the findings indicated by evidence under the Export Control Act and Foreign Assistance Act comprise the crimes of complicity to, or aiding and abetting the crime of genocide.  Genocide is punishable by fines, imprisonment up to life, or the death penalty, depending on circumstances. 

 

● The War Crimes Act, 18 U.S.C. § 2441, forbids the direct commission of, or

complicity in committing, various offenses that comprise aspects of genocide. 

Complicity can take the form of various kinds of acts, including aiding and

abetting. The provision of weapons has been held to constitute complicity. In Akayesu, the ICTR Trial Chamber held that the “procuring [of] means, such as weapons, instruments, or any other means” satisfies the actus reus (or act requirement) of complicity. In the Zyklon B case, the British military court convicted of aiding and abetting defendants who, through their businesses, supplied poison gas into Germany knowing that it was to be used in extermination camps. The ICJ further clarified that acts of complicity may include the “provision of means to enable or facilitate the commission of the crime.”

Specific intent to commit genocide is not required for a finding of complicity; rather, it is sufficient for a State to act with the knowledge that the direct perpetrator had the specific intent to commit genocide, as affirmed by the ICJ in Bosnia and Herzegovina v. Serbia and Montenegro. The District Court in the Hague, which adjudicated a case involving the application of a Dutch statute implementing the Genocide Convention, held that a finding of complicity requires knowledge of “the genocidal intention of the perpetrator” rather than specific genocidal intent of the accomplice. The Trial Chamber in Akayesu and the Appeals Chamber in Ntakirutimana noted that complicity does not require that the perpetrator share the same specific intent, only that the accomplice must have known of the genocidal plan and that the assistance would help in the commission of the act.

 

CONCLUSION: The Acts of the U.S. Secretary of State and the U.S.

Ambassador to Israel Should Be Criminally Investigated by a Grand Jury

 

Secretary Blinken’s failure to implement our federal law and halt weapons shipments to Israel touches upon and is governed by both domestic and international law. The International Court of Justice has repeatedly reminded Israel since at least January 26, 2024 of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide to avoid without fail the causation of genocide and associated crimes. The United States enforces domestic criminal laws partly to fulfill our country’s responsibilities under the Genocide Convention. To avoid complicity in the commission of genocide, the U.S. is required to uphold and implement International Court orders, including those aimed at preventing genocide. In short, the Department of Justice need not determine whether the U.S. bears responsibility to prevent genocide. The International Court of Justice has determined it for them by its orders.

 

Against this framework, the alleged wrongdoing of Secretary of State Blinken in the form of lying to Congress, which in turn saved Israel from interruption of deliveries of weapons and munitions and permitted Israel to continue to perpetrate war crimes and genocidal acts, arguably violated the Genocide Convention and the orders of the International Court of Justice, but also, the objectives of U.S. foreign policy against fomenting and increasing war, against allowing war crimes, and against the commission of human rights violations.

 

Israel’s genocidal invasion of Gaza continues as of this writing. In the past week, Israel has undertaken an illegal war against Hezbollah and the nation of Lebanon. Neither of these wars would be possible for Israel absent the provision of weapons and munitions by the United States. 

 

For all of these reasons, we urgently request the empanelment of a federal grand jury to investigate potential criminal violations by Secretary Antony Blinken and Ambassador Jack Lew. 

 

Thank you very much.

 

Sincerely,

Susan M. Schnall, President

Veterans For Peace