In a significant development from the Justice Department, attorneys have expressed concerns regarding the perceived disparity in how the department handles investigations into crimes committed by various geopolitical actors. A recent letter addressed to Attorney General Merrick Garland highlights what they term a “glaring gap” in addressing potential crimes committed by Israeli forces compared to the Department’s actions regarding Russian aggression and Hamas activities.
The four-page letter, dated October 21, calls for the investigation of Israeli soldiers and civilians in connection with the deaths of American citizens in the West Bank and Gaza. It states, “While the Department has demonstrated a commitment to enforcing the law against Russia and Hamas, its silence on violations potentially committed by Israeli entities represents a stark inconsistency.”
This letter represents a rare instance of internal dissent within the Justice Department, emphasizing a lack of established channels for staff to voice concerns, unlike the State Department. The Justice Department has faced criticisms over its silence regarding the deaths of four American citizens allegedly at the hands of Israeli forces this year, despite calls from their families for an investigation.
Anonymously signed “your colleagues,” the letter was confirmed to have been authored by mid-career attorneys within the department, who raised a significant professional concern about the lack of accountability for violations involving Israeli actions, which they argue undermines the principle of equality before the law.
Garland has consistently articulated the importance of impartiality in legal proceedings, stating that the Department must not be influenced by political considerations or personal feelings about victims. The letter cites his remarks surrounding the Justice for Victims of War Crimes Act, highlighting the Department’s mandate to hold accountable those involved in war crimes, regardless of nationality.
Notable comparisons are drawn to the Department’s response to accusations against Russian military personnel. Since Russia’s invasion of Ukraine, the Justice Department has accused several Russian soldiers of war crimes, whereas similar actions against Israeli personnel remain noticeably absent.
The letter indicates credible evidence that Israeli military actions may constitute war crimes, especially regarding the treatment of Palestinian detainees and the destruction of civilian infrastructure. The authors stress the need for public acknowledgment and commitment to investigate these claims to restore faith in the Department’s dedication to justice and equality under the law.
As the situation evolves, the authors urge the Justice Department to take a proactive stance in investigating these claims and creating a dedicated platform for collecting evidence regarding potential violations involving Israeli forces. This move, they argue, is essential not only for accountability but also for maintaining public trust in the judicial system.
