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Palestinian Americans sue state department on behalf of relatives stuck in Gaza (www.theguardian.com)

submitted 1 year ago by [email protected] to c/[email protected]

2 comments fedilink hide all child comments

Archived version: https://archive.ph/xEfUR
Archived version: https://web.archive.org/web/20231101220210/https://www.theguardian.com/world/2023/nov/01/palestinian-americans-sue-state-department-gaza

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[–] [email protected] 5 points 1 year ago* (last edited 1 year ago) (1 children)

The argument that the lawsuits are making:

lawsuits based on the equal protection clause of the constitution, arguing their clients received disparate treatment in repatriation efforts when compared with efforts to evacuate US citizens in Israel

The article quotes a law professor saying:

There really is no legal obligation to protect or repatriate American citizens. Under international law, countries always have the right, but not necessarily the duty to protect

(I'm not sure exactly how that's relevant, given that the lawsuits are not based on international law. Maybe his first sentence is meant to include American law as well?)

I don't expect that these lawsuits will get far, at least because Gaza has neither ports nor airports that the USA could have realistically used for an evacuation.

[–] JoeHill 5 points 1 year ago

First sentence heavily implies American law. Secondly, international law is part of American law. https://en.wikipedia.org/wiki/The_Paquete_Habana

The lawsuit is actually making an equal protection argument, though, which seems like an enormous loser. The government isn’t refusing to evacuate somebody because of their race or religion — which would be the essence of a disparate intent equal protection claim. They are unable to evacuate someone because the local government refuses to allow it.

Maybe the plaintiff can try to make a disparate impact claim but I suspect the courts won’t want to hear it given the facts.