Investigation Request to ICC: Allegations Against Biden and Cabinet for Gaza War Crimes

Man speaking at podium with microphones and flag background
U.S. President Joe Biden delivers a foreign policy address as Vice President Kamala Harris listens during a visit to the State Department in Washington D.C., U.S., Feb. 4, 2021.

A US advocacy group has called for an International Criminal Court (ICC) investigation into former President Joe Biden and key cabinet members for alleged complicity in Gaza war crimes.

Key Takeaways

  • Democracy for the Arab World Now (Dawn) submitted a 172-page referral to the ICC against former Biden administration officials.
  • The group alleges complicity in Israeli war crimes through military, political, and public support.
  • Dawn’s submission urges prosecution for aiding and abetting crimes including targeting civilians and forced displacement.
  • The referral highlights $17.9 billion in weapons transfers and diplomatic protection provided to Israel.
  • Neither the US nor Israel are signatories to the Rome Statute, which established the ICC.

Advocacy Group Calls for ICC Investigation

Democracy for the Arab World Now (Dawn), a US-based advocacy group, has submitted a substantial 172-page referral to the International Criminal Court (ICC) prosecutor. The document calls for an investigation into former President Joe Biden, former Secretary of State Antony Blinken, former Secretary of Defense Lloyd Austin, and other US officials for their alleged complicity in Israeli war crimes in Gaza.

Dawn, an organization founded by the late Saudi journalist Jamal Khashoggi, argues that these US officials provided significant military, political, and public support to Israel while being aware that US weapons and intelligence were being used to commit war crimes. The group’s submission to ICC prosecutor Karim Khan on January 19, 2025, came just before the transition from the Biden to Trump administration.

Allegations of Complicity

The referral details allegations of US officials’ involvement in facilitating Israeli military actions in Gaza. Dawn claims that the former administration provided $17.9 billion in weapons transfers, shared intelligence, and offered diplomatic protection to Israel, despite evidence of these resources being used in attacks on Palestinian civilians, hospitals, schools, and homes.

“There are solid grounds to investigate Joe Biden, Antony Blinken and Lloyd Austin for complicity in Israel’s crimes,” said Reed Brody, Dawn board member and veteran war crimes lawyer. “The bombs dropped on [Palestinian] hospitals, schools and homes are American bombs, the campaign of murder and persecution has been carried out with American support. US officials have been aware of exactly what Israel is doing, and yet their support never stopped.”

The group argues that aiding and abetting such crimes constitutes an international criminal offense, and that the ICC is the appropriate venue for prosecution. Dawn’s submission contends that Biden, Blinken, and Austin were aware of how their assistance was being used to commit alleged war crimes.

Challenges and Implications

It’s important to note that neither the United States nor Israel are signatories to the Rome Statute, which established the ICC. This fact complicates the potential for prosecution. Additionally, efforts to hold US leaders accountable through the American court system have been unsuccessful, including a lawsuit against Blinken.

“We have tried every possible venue in the US to stop the flow of US weapons to Israel and contacting and lobbying officials and working with Congress and filing a lawsuit,” stated Raed Jarrar, Dawn’s advocacy director.

The submission by Dawn aligns with the ICC prosecutor’s call for information relevant to their ongoing probe into the situation in Gaza. The group hopes that this legal action will serve as a reminder to both the current and potentially future administrations about the consequences of supporting actions that may constitute war crimes under international law.

Broader Implications

Dawn’s referral also addresses actions taken by former President Donald Trump, including his executive order authorizing sanctions against the ICC. The group suggests that these actions could potentially subject Trump to criminal liability for obstruction of justice and war crimes if he implements a plan to forcibly displace Palestinians from Gaza.

As the situation continues to develop, the international community watches closely to see how the ICC will respond to these allegations and what implications this may have for US foreign policy and international relations moving forward.

Sources:

  1. US group takes legal action at ICC to probe Biden for aiding Israeli war crimes | Middle East Eye
  2. Rights Group Urges ICC to Probe Biden for ‘Aiding and Abetting’ Israeli Crimes in Gaza | Common Dreams
  3. ICC urged to investigate Biden for ‘aiding and abetting’ Gaza war crimes