The Intercept Briefing

The Legal Case Against Joe Biden for Enabling Israel’s Genocide Against Gaza


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A panel of judges at the International Court of Justice in The Hague has entered deliberations in the preliminary phase of South Africa’s historic suit against Israel, charging it with carrying out a genocide against the Palestinians of Gaza. While a final ruling in the case could take years, the judges will rule on whether to order a halt to continued Israeli military actions pending a trial.


This week on Intercepted, Katherine Gallagher, a senior staff attorney at the Center for Constitutional Rights, discusses the ICJ case as well as a lawsuit CCR has filed against President Joe Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin for the support and failure to prevent genocide in Gaza. Arguments will begin next week in federal court in California.


Gallagher, Jeremy Scahill, and Murtaza Hussain discuss what a ruling in South Africa’s favor would mean for Israel’s U.S.-backed war against Gaza and how the U.S. may try to shield Israel from international consequences, as it has done throughout history. They also examine the history of the U.S. judge who is currently president of the ICJ, as well as U.S. laws that require American officials to take actions to prevent, not enable, genocide, including one that was sponsored by then-Sen. Biden.


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