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Palestinians Ask Federal Court to Rule Biden Is Complicit in Israeli Genocide (truthout.org)

submitted 2 months ago by [email protected] to c/[email protected]

30 comments fedilink hide all child comments

“Genocide can never be a legitimate foreign policy choice,” plaintiffs argue in case against Biden, Blinken and Austin.

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[–] [email protected] 5 points 2 months ago

The US is not the only country that has enacted laws governing jurisdiction in cases of genocide that has occurred outside their borders. Many of these countries also have laws that are automatically in force when a determination of genocide has been made by the UN. These laws generally cover sanctions and doing business with "those who perpetrate or support genocide".

https://thesentinelproject.org/2013/06/14/when-to-act-a-states-obligations-and-responsibilities-regarding-genocide/

Many other States have adopted statutes pursuant to Article VI, which explicitly provide not only for territorial jurisdiction, but also for universal jurisdiction over genocide. Examples of such statutes include: the 2002 German Code of Crimes Against International Law (Völkerstrafgesetzbuch) Section 1 of which recognizes the jurisdiction of German courts over genocide, crimes against humanity and war crimes committed outside the German territory and to which Germany has no specific link. Likewise, Section 2, § 1(a) of the Dutch International Crimes Act of 19 June 2003 makes provision for universal jurisdiction over genocide provided that the alleged perpetrator is physically present in the Netherlands. Moreover, the Canadian’s Crimes against Humanity and War Crimes Act, adopted on 24 June 2000 sets the basis for universal jurisdiction for genocide; Section 6, §1 of this Act reads as follows:

Every person who, either before or after the coming into force of this section, commits outside Canada (a) genocide […] is guilty of an indictable offence and may be prosecuted for that offence in accordance with section 8.

Many other countries, including France, Switzerland, Spain, Belgium, and Austria, have adopted national legislation, as required under Genocide Convention Article VI, that allow for the prosecution of genocide committed outside their territories.