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EXCLUSIVE: Justice Department lawyers press Merrick Garland to investigate killing of US citizens by Israel – Zeteo

U.S. Attorney General Merrick Garland gives a news conference on September 27, 2024 in Washington, DC. Photo by Chip Somodevilla/Getty Images

Attorneys for the Department of Justice have sent a letter to Merrick Garland urging the US attorney general to “investigate potential violations of US law by the Israeli government, military and citizens and hold perpetrators accountable.”

The letter received exclusively from Zeteorepresents growing domestic discontent over the Justice Department’s silence as the Israeli government, backed by American citizens and organizations, claims it is violating American and international law — contrary to the department’s willingness to announce fees against Hamas leaders for the October 7 attack. It also comes as the Israeli government responds to US demands to comply with US and international laws by escalating its violation of them.

“We respect the department’s commitment to investigating and prosecuting crimes regardless of the race or nationality of the perpetrator and regardless of political considerations. We know you do too, Attorney General Garland,” the authors of the letter wrote, citing a speech A garland delivered to the department last month.

“In your speech, you emphasized the importance of ‘fair and impartial application of our laws.’ You also cited the Principles of Federal Prosecution and reminded us that as government attorneys we should not be swayed by, among other factors, a person’s background, our feelings about the victim, and the effect of the charging decision on our professional and personal circumstances. You told us that “we must treat cases the same” … Finally, you insisted that, guided by these norms, “we will not allow this nation to become a country where law enforcement is treated as a political apparatus.”

The lawyers highlighted three categories of potential violations of the US Code that the DOJ could investigate:

  1. The killings of American citizens by Israeli citizens and soldiers in recent years (incl Eisenur Eigi, Kamel Ahmad Jawad, Jacob Flickinger, Tawfiq Abdel Jabbar, Mohammad Khdur, Omar Asadand Shirin Abu Akle).

  2. Israel is illegal settlement activity in the occupied West Bank, assisted by American citizens and organizations.

  3. Evidence that Israeli forces may have committed war crimes and engaged in torture – including the killing of thousands of civilians, forced displacement and starvation, illegal detention, torture and inhumane treatment of detainees, and mass destruction of civilian property and infrastructure.

“Of course,” the lawyers noted, “US courts have jurisdiction over the more than 23,000 US citizens currently serving in Israel’s armed forces, along with members of the IDF or other Israeli personnel who travel to the United States.

The letter dated October 21 was simply signed by “your colleagues”. The attorney general’s office did not immediately respond to a request for comment.

In 2022, the DOJ launched investigation into the killing of Palestinian-American journalist Shireen Abu-Akle by Israeli forces. But the results of the study remain to be seen almost two years later, noted Brian Finucane, senior adviser at the International Crisis Group think tank. “We don’t know to what extent the FBI is tasked, more generally, with investigating the killing of Americans by IS in the West Bank, Gaza and Lebanon — or investigating the conduct of Israeli officials visiting the United States,” said Finucane, who previously, he worked for the State Department and advised the US government on legal and policy issues related to counterterrorism, the use of military force, and partner military operations.

Finucane also pointed to the fact that the chief prosecutor of the International Criminal Court is seeking arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Galant on charges war crimes. “So to what extent is the DOJ looking into these allegations? … The US has a positive obligation under international law to prosecute or extradite those responsible for serious violations. And the question is whether the DOJ is actually fulfilling the treaty obligations of the US.

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In Monday’s letter, DOJ lawyers wrote that the department “has adequately demonstrated its commitment to upholding the rule of law in the midst of ongoing geopolitical conflicts” when it comes to RussiaHamas and others, but that “against numerous potential violations of US law by individuals and entities connected to Israel, the department’s silence and apparent inaction is a complete omission.

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