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Judge Rossie Alston Jr. ruled the plaintiffs had failed to prove the groups provided "ongoing, continuous, systematic, and material support for Hamas and its affiliates."
A federal judge appointed in 2019 by US President Donald Trump has dismissed a lawsuit filed against pro-Palestinian organizations that alleged they were fronts for the terrorist organization Hamas.
In a ruling issued on Friday, Judge Rossie Alston Jr. of the United States District Court for the Eastern District of Virginia found that the plaintiffs who filed the case against the pro-Palestine groups had not sufficiently demonstrated a clear link between the groups and Hamas' attack on Israel on October 7, 2023.
The plaintiffs in the case—consisting of seven Americans and two Israelis—were all victims of the Hamas attack that killed an estimated 1,200 people, including more than 700 Israeli civilians.
They alleged that the pro-Palestinian groups—including National Students for Justice in Palestine, WESPAC Foundation, and Americans for Justice in Palestine Educational Foundation—provided material support to Hamas that directly led to injuries they suffered as a result of the October 7 attack.
This alleged support for Hamas, the plaintiffs argued, violated both the Anti-Terrorism Act and the Alien Tort Statute.
However, after examining all the evidence presented by the plaintiffs, Alston found they had not proven their claim that the organizations in question provide "ongoing, continuous, systematic, and material support for Hamas and its affiliates."
Specifically, Alston said that the claims made by the plaintiffs "are all very general and conclusory and do not specifically relate to the injuries" that they suffered in the Hamas attack.
"Although plaintiffs conclude that defendants have aided and abetted Hamas by providing it with 'material support despite knowledge of Hamas' terrorist activity both before, during, and after its October 7 terrorist attack,' plaintiffs do not allege that any planning, preparation, funding, or execution of the October 7, 2023 attack or any violations of international law by Hamas occurred in the United States," Alston emphasized. "None of the direct attackers are alleged to be citizens of the United States."
Alston was unconvinced by the plaintiffs' claims that the pro-Palestinian organizations "act as Hamas' public relations division, recruiting domestic foot soldiers to disseminate Hamas’s propaganda," and he similarly dismissed them as "vague and conclusory."
He then said that the plaintiffs did not establish that these "public relations" activities purportedly done on behalf of Hamas had "aided and abetted Hamas in carrying out the specific October 7, 2023 attack (or subsequent or continuing Hamas violations) that caused the Israeli Plaintiffs' injuries."
Alston concluded by dismissing the plaintiffs' case without prejudice, meaning they are free to file an amended lawsuit against the plaintiffs within 30 days of the judge's ruling.
"We must fight like hell for the living," said the anti-occupation group Jewish Voice for Peace. "Today, we recommit ourselves to that fight."
Monday marked a day of mourning for those appalled by the deadly Hamas-led attack that took place exactly one year ago and the devastating Israeli response, which continues in the present with no end in sight.
But while mourning is necessary, it is not enough, said the anti-Zionist advocacy group Jewish Voice for Peace (JVP) in its statement on the somber anniversary.
"We believe that every life is precious," said JVP, which has spent the past 12 months organizing tirelessly in support of a cease-fire and hostage-release agreement and against U.S. complicity in Gaza, where nearly the entire population is displaced, hungry, and at growing risk of disease due to Israel's relentless airstrikes and siege that began hours after the Hamas-led attack.
"Every life taken, every parent, child, grandchild killed this past year was someone else's entire world," the group continued. "We mourn the at least 42,000 Palestinians killed by the Israeli military, knowing the true death toll is likely far higher. We mourn the 1,200 Israelis killed in Hamas' attacks. And we mourn the 2,000 Lebanese killed by Israeli bombardment."
"But we cannot only mourn, with millions under current threat—we must fight like hell for the living," said JVP. "Today, we recommit ourselves to that fight: for an end to U.S. bombs and funding to the Israeli military, for a cease-fire and the release of 100 Israeli and 10,000 Palestinian hostages, and for an end to Israeli genocide and apartheid. To a future of liberation for all."
IfNotNow, a youth-led American Jewish group, echoed that sentiment.
"October 7 is not where the story begins or ends, and the pain we feel today has spanned generations. We reject the lie that decades of occupation, apartheid, and siege that has subjugated Palestinians will ever keep Jews or Israelis safe," the group said in a statement posted to social media. "To truly honor the lives lost, we must commit to building a world where freedom and safety are not reserved for some, but for all."
"Mourn the dead. Fight for the living," the group added. "Not another bomb. Free them all."
Israel's yearlong, U.S.-backed bombing campaign has left much of Gaza in ruins: According to United Nations estimates, Israel's airstrikes have left roughly 40 million tons of debris and rubble that could take a decade and a half to clear.
Officially, Israel's assault has killed just over 41,900 people in Gaza, more than half of them women and children. But the Gaza health ministry's tally is likely a dramatic underestimate, given that tens of thousands of people are missing and believed to be dead under the enclave's destroyed homes and buildings.
A group of American medical professionals who served in Gaza wrote to U.S. President Joe Biden last week that "it is likely that the death toll from this conflict is already greater than 118,908, an astonishing 5.4% of Gaza's population."
Biden's role in fueling Israel's catastrophic military campaign—which has relied heavily on American weaponry and diplomatic support—was a major subject of reflection on the one-year anniversary of the war's start.
"The Hamas attacks of October 7, 2023 were an abominable crime. The Israeli government had both the right and responsibility to protect its people. Biden was right to respond with support and solidarity," Matt Duss, executive vice president of the Center for International Policy (CIP) and a former foreign policy adviser to U.S. Sen. Bernie Sanders, wrote for The New Republic on Monday.
"It was also right to expect him, at some point over the last year, to pivot to real pressure to end the war and save human lives. He never did," Duss noted. "By taking the option of suspending military aid off the table, Biden signaled from the outset that his red lines were meaningless. His stubborn refusal to impose any costs on Netanyahu (except for a token suspension of a few shipments of bombs that was quickly superseded by massive deliveries of new weapons) is what all but ensured that his May cease-fire proposal would wither and die."
Duss' organization published a brief Monday outlining five steps it is urging the Biden administration to take to bring Israel's war on Gaza to an end, prevent the entire region from plunging into all-out war, and lay the groundwork for a sustainable peace.
The steps are:
"We see the anguish of Israelis who lost loved ones and whose government has prioritized clinging to power above the return of hostages taken among other atrocities in the Hamas-led attacks against Israeli communities one year ago," said Nancy Okail, CIP's president and CEO. "We cannot look away from the tens of thousands of Palestinian civilians killed, wounded, orphaned, and malnourished as a result of Israel's ongoing and often indiscriminate assault on Gaza."
"And we are outraged," Okail added, "as the United States government continues to arm this carnage in violation of its own laws, hobbling the diplomacy it is engaged in to end the fighting and stop its spread to Lebanon and beyond."
"These last 12 months are not only a marker of the brutal violence inflicted on Palestinians but an indictment of our collective humanity."
Since October 7, the Biden administration has sent Israel over 50,000 tons of weaponry and other military equipment. A report released Monday by the Costs of War project estimates that the U.S. government has approved $17.9 billion in "security assistance for Israeli military operations in Gaza and elsewhere since October 7."
That aid, along with the assistance of other world powers and the inertia of global institutions, has helped Israel's military inflict incalculable physical and psychological damage on Gaza's population, which is overwhelmingly young.
"These last 12 months are not only a marker of the brutal violence inflicted on Palestinians but an indictment of our collective humanity," said the Association of International Development Agencies, a coalition of more than 80 aid organizations. "It reflects the failure of the international order—particularly powerful nations whose inaction and enabling of Israel's actions have compounded Palestinian suffering and shattered international norms. This failure extends far beyond Gaza, undermining the very foundations of what the global community has strived to uphold since its establishment."
Amnesty International secretary-general Agnès Callamard, who previously served as a U.N. special rapporteur, also decried the violence of the past year and the inability to secure a cease-fire as "a collective failure of humanity."
"This anniversary is a sobering reminder of the urgent need to address the root causes, cut the supply of arms to all parties, and end longstanding impunity that have seen Israeli forces, Hamas, and other armed groups flout international law for decades without fearing any consequences," said Callamard. "The world must never forget the victims and the anguish of the affected families. Humanity must prevail."
This story has been updated to characterize Jewish Voice for Peace as an anti-Zionist group, not just anti-occupation.
IDF soldiers were reportedly ordered to "turn the area around the border fence into a killing zone."
The Israeli newspaper Haaretz reported Sunday that Israel's military repeatedly employed a protocol known as the "Hannibal Directive" during the October 7 Hamas-led attack in an attempt to prevent the kidnapping of Israeli soldiers—even if it meant putting the lives of army captives and civilians at risk.
Haaretz found based on documents and interviews with soldiers and senior Israeli officers that Hannibal—an operational order developed in 1986 that "directs the use of force to prevent soldiers being taken into captivity" by enemy militants—was used "at three army facilities infiltrated by Hamas, potentially endangering civilians as well."
During the first hours of the Hamas-led attack, according to Haaretz, Israeli soldiers were given an order: "Not a single vehicle can return to Gaza."
"At this point, the IDF was not aware of the extent of kidnapping along the Gaza border, but it did know that many people were involved," the newspaper continued. "Thus, it was entirely clear what that message meant, and what the fate of some of the kidnapped people would be."
The full text of the Hannibal Directive has never been published. But according to a Haaretz story about the directive from more than two decades ago, part of it states that "during an abduction, the major mission is to rescue our soldiers from the abductors even at the price of harming or wounding our soldiers."
"Light-arms fire is to be used in order to bring the abductors to the ground or to stop them," it adds. "If the vehicle or the abductors do not stop, single-shot (sniper) fire should be aimed at them, deliberately, in order to hit the abductors, even if this means hitting our soldiers. In any event, everything will be done to stop the vehicle and not allow it to escape."
Israeli authorities have acknowledged "multiple incidents of our forces firing on our forces" on October 7. In April, Israel's military said that one of the hostages taken by Hamas militants during the October attack was likely killed by Israeli helicopter fire.
But the IDF, which has killed more than 38,000 people in Gaza since October 7, has declined to say whether Hannibal was used during the Hamas-led attack.
Haaretz stressed Sunday that it "does not know whether or how many civilians and soldiers were hit due to these procedures, but the cumulative data indicates that many of the kidnapped people were at risk, exposed to Israeli gunfire, even if they were not the target."
The first of the known uses of the Hannibal Directive on October 7 came "when an observation post at the Yiftah outpost reported that someone had been kidnapped at the Erez border crossing, adjacent to the IDF's liaison office," Haaretz reported.
"'Hannibal at Erez' came the command from divisional headquarters, 'dispatch a Zik.' The Zik is an unmanned assault drone, and the meaning of this command was clear," the newspaper found.
The directive was employed at least two additional times during the attack, according to Haaretz, which cited one unnamed source in Israel's Southern Command as saying that the country's forces were instructed to "turn the area around the border fence into a killing zone, closing it off toward the west."
The newspaper continued:
One case in which it is known that civilians were hit, a case that received wide coverage, took place in the house of Pessi Cohen at Kibbutz Be'eri. Fourteen hostages were held in the house as the IDF attacked it, with 13 of them killed. In the coming weeks, the IDF is expected to publish the results of its investigation of the incident, which will answer the question of whether Brig. Gen. Barak Hiram, the commander of Division 99 who was in charge of operations in Be'eri on October 7, was employing the Hannibal procedure. Did he order the tank to move ahead even at the cost of civilian casualties, as he stated in an interview he gave later to The New York Times?
Haaretz's reporting comes weeks after a United Nations investigation concluded that the IDF "had likely applied the Hannibal Directive" on October 7, killing more than a dozen Israeli civilians.