Congress has “power of the purse”, i.e. the power to appropriate and allocate our federal tax dollars. But our lawsuit asserts that they must spend our tax dollars within the parameters of what is Constitutional. When our Representatives in the House and our Senators voted last spring to send $26.38 billion of our tax dollars as military aid to Israel, we believe they violated the US Constitution, several domestic statutes and the United Nations’ Convention on the Prevention and Punishment of the Crime of Genocide.
These approval votes were cast by House and Senate Representatives in spite of massive, vocal opposition from their own constituents, and in the face of overwhelming evidence that the Israeli military was carrying out genocide in Gaza with US-provided weapons and munitions. On January 26th, 2024, the International Court of Justice (ICJ) ruled that the charge of genocide against the Israeli government should not be dismissed and that the case should proceed for ongoing litigation. On February 26th, 2024, Amnesty International, the largest human rights organization in the world, issued a finding that the Israeli government was defying provisions in this ICJ ruling. Human Rights Watch, the second largest human rights organization, made the same finding on the same day. Both organizations found that the Israeli government was systematically starving the people of Gaza through cutting off aid, water, and electricity, by bombing and military occupation, underwritten by the provision of US military aid and weapons. On March 24th, 2024, Francesca Albanese– the UN Special Rapporteur on the situation of human rights in the Palestinian territories– issued a comprehensive report that found the Israeli government had unequivocally crossed the “threshold” and was actively committing genocide in Gaza.
The votes by our House Representatives and Senators to continue and increase funding of the genocide in Gaza, along with those of other members of Congress who made the same decision, were not only unethical, but, we believe, illegal under both US and International Law. As such, they should be held legally accountable. By doing so, we can help establish a precedent across the US.