Washington, D.C. – A group of Justice Department attorneys has triggered a spotlight on what they cite as an oversight in the application of U.S. laws concerning potential criminal activities by Israeli forces and civilians. In a detailed letter addressed to Attorney General Merrick Garland, these mid-career legal professionals argue that notable discrepancies exist in how the Department enforces laws against foreign entities and individuals, specifically comparing the active investigations against Russian and Hamas offenses to the relative silence on issues involving Israel.
The letter, which surfaced this week, points out what the authors perceive as a significant inconsistency in the Justice Department’s commitment to uphold the rule of law across different geopolitical conflicts. It specifically advocates for investigative actions into incidents involving the deaths of American citizens in the West Bank and Gaza, allegedly by Israelis.
This communique comes as an unusual act of dissent within the Justice Department, marked by the absence of an established procedure for voicing disagreements on policy similar to what exists in the State Department. The letter, dated Oct. 21, is signed by three attorneys who opted for anonymity due to concerns about potential backlash and was dispatched via a non-department email to Garland’s chief of staff, Matt Klapper.
Throughout his tenure, Garland has often emphasized the importance of impartial justice and has remarked on treating similar cases alike, irrespective of the parties’ backgrounds or political implications. Yet, according to the attorneys, there is an evident gap in addressing alleged violations by Israeli nationals and forces, considering previous strong stances on Russian war crimes in Ukraine and the actions of Hamas.
The push for attention to these concerns highlights the Justice Department’s role in dealing with international law violations, as noted by Garland’s reaction to the Justice for Victims of War Crimes Act passed by Congress in 2022. This law permits the prosecution in the U.S. of war criminals regardless of their nationality. Following Russia’s military actions in Ukraine, the department has brought charges against Russian soldiers alleged to have committed war crimes, and similarly, it has prosecuted Hamas leaders involved in attacks on Israel.
However, assertions in the letter suggest an uneven approach when addressing potential war crimes and other violations involving Israeli forces and citizens. This includes instances where U.S. citizens were victims, with no subsequent investigations or public acknowledgments from the Justice Department, which the attorneys argue could restore the public’s faith in the government’s commitment to justice and equality under the law.
The letter also proposes the establishment of a public webpage, akin to the one for Russian war crimes, where evidence pertaining to potential Israeli violations could be submitted by witnesses or victims. This would not only serve as a platform for assembling claims and evidence but also as a mechanism for guiding and informing U.S. citizens and others about the proceedings and the nature of the potential violations being investigated.
This presentation of a discrepancy in handling cases involving allies versus adversaries raises questions about the impartiality and universality of American justice—core principles Garland has vowed to defend.
In response to these allegations and the pointed letter, the Justice Department declined to comment.
Notably, the International Criminal Court has also been active in this arena, seeking arrest warrants for Israeli leadership and certain Hamas figures, signaling a broader scope of international scrutiny over actions in conflict zones. The implications for U.S. foreign policy and the Justice Department’s reputation are profound, suggesting a need for a transparent and equitable approach to international law enforcement.
The views and concerns presented in this letter from Justice Department attorneys underscore a crucial debate about the integrity and impartiality of U.S. legal practices on the global stage. It stresses the importance of holding all parties accountable to the same legal standards to maintain the principles of justice and rule of law.
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