tumblr users: we like tumblr bc it's not like other social media sites
tumblr staff listening in with a dodgy connection: we like tumblr... like other social media sites
3K notes
·
View notes
"Palestinian plaintiffs and their legal representatives on Friday [January 26, 2024] presented a powerful case in federal court accusing President Joe Biden and other top US officials of complicity in Israel's genocide in Gaza.
People around the world tuned in for the long-awaited hearing in Oakland, with plaintiffs appearing in person and over Zoom in an unprecedented effort to hold the Biden administration accountable for its actions in Gaza.
The Center for Constitutional Rights (CCR) filed the lawsuit in November 2023 on behalf of Defense for Children International–Palestine, Al-Haq, and eight Palestinians in the US and Palestine. The complaint accuses President Joe Biden, Secretary of State Antony Blinken, and Secretary of Defense Lloyd Austin of failing to live up to their legal responsibilities under the 1948 Genocide Convention and the 1988 Genocide Convention Implementation Act.
The United Nations convention classifies complicity in genocide, or the intentional destruction of a people in whole or in part, as a crime under international law and requires that states take measures to prevent such atrocities.
[Note: This is a big reason why politicians almost never call it a genocide, btw. Because if a country recognizes that it's a genocide, then they actually are legally required to do a bunch of things to stop it, under international law.]
The historic lawsuit contends that the Biden administration has failed to uphold its obligations by continuing to provide diplomatic and military support for Israel's brutal campaign in Gaza. Plaintiffs are asking the court to stop Biden from sending more weapons and munitions to Israel that are being used to kill Palestinians en masse.
The hearing before the US District Court for the Northern District of California took place just hours after the International Court of Justice issued provisional measures against Israel in a landmark case brought by South Africa.
-via TAG24, January 26, 2024. Article continues below.
Court contends with questions of jurisdiction and responsibility
In evaluating the allegations, questioning in Friday's hearing revolved around the so-called political question doctrine, by which federal courts regularly refrain from ruling on political matters seen as best resolved by the president and Congress.
The Department of Justice argued that according to the doctrine, the court has no jurisdiction to rule in the case.
"If the court condemns United States foreign policy toward Israel, it could cause international embarrassment and undermine foreign policy decisions in the sensitive context of the Israeli-Palestinian conflict," defense counsel Jean Lin told Senior District Judge Jeffrey S. White.
Katherine Gallagher of the CCR countered that the court does, indeed, have a responsibility to step in: "Here, the question is a legal one, whether the actions undertaken by the United States failed to uphold the obligation to prevent genocide, and that is an active obligation that requires that the United States not provide the means by which a genocide is being furthered."
"There is no discretion for any state to evade its obligations, its legal obligations. These are not policy decisions," she said.
Palestinian plaintiffs share powerful testimonies before the court
After legal arguments in the case, Judge White heard two hours of gut-wrenching testimony from Palestinian plaintiffs and a renowned Holocaust and genocide expert.
Rubin Presidential Chair of Jewish History at Wake Forest University Dr. Barry Trachtenberg shared his remarks before the court in spite of vehement US government opposition.
"To have an event fall under the 1948 Convention on Genocide requires both action and intent, and here we see that very, very clearly in a way that seems really quite unique in history," he stated, noting that there is now an opportunity to stop Israel's unfolding genocide in real time to prevent further loss of lives...
Judge White said he would take the testimonies to heart as he evaluates his constitutional responsibilities, describing the case as "the most difficult judicial decision" he has ever had to make."
-via TAG24, January 26, 2024
-
Note: I know a lot of people are really not gonna appreciate that last line. I'm not thrilled with it either. But it is worth noting that having a federal court overrule the US president's huge foreign policy and military decisions would be an absolutely massive deal/precedent
This is a case that deserves to be ruled on with an incredible amount of seriousness, if only because if you're a federal judge who's going to make that call, your written decision/legal justification needs to be unimpeachable
That said, if the judge uses jurisdiction to pass the buck here and avoid his legal and human responsibility to do what he can to stop a genocide, I'm gonna be pissed
2K notes
·
View notes
Scamming the scammer
John Constantine was the biggest headache Danny had managed to get, ever. After becoming King he did not think that his first task would be to solve the man's soul problems.
And it seemed quite incredible to him that the hellbazer would consider selling his soul as if it were a used car that he wants to get rid of to buy a new one. He was aware that he needed a soul, wasn't he? That it was not possible to buy a new one? Because he didn't want to be the one to inform him if that was not the case.
To top it off, beings from different domains within his kingdom came explicitly to claim the British's soul, which didn't even make sense, there were thousands of souls! Why did everyone want the same one? And why did he have to be the one to take care of it?
Completely frustrated, he placed all the paperwork for John Constantine in an empty room and locked the door. He smiled as he came up with a plan to improve the situation, it might be worth it.
That's how a drunk John Constantine found himself signing a dubious contract in exchange for the power to turn any liquid into beer, he didn't bother to read the contract, most demons just wanted his soul and this guy looked so human, with a presence so light it must be a minor demon for sure.
This turned out to be a bad decision when the next morning he found himself trapped in a room full of documents, the door locked. Taped to the door was a green note that said "Enjoy doing your own paperwork sir, I hope you're pleased with yourself", and well, maybe he should have read that contract after all.
2K notes
·
View notes