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A veteran war crimes lawyer argues that "there are solid grounds to investigate Joe Biden, Antony Blinken, and Lloyd Austin for complicity in Israel's crimes."
A human rights group revealed Monday that on the last full day of U.S. President Joe Biden's term, it encouraged the International Criminal Court to investigate him and two of his Cabinet members for "aiding and abetting" Israeli war crimes and crimes against humanity in the Gaza Strip.
U.S.-based Democracy for the Arab World Now (DAWN) announced that on January 19, it submitted to the ICC Prosecutor Karim Khan a 172-page communication detailing why the tribunal should probe Biden and his former secretaries of defense and state, Lloyd Austin and Anthony Blinken.
Although a fragile cease-fire took effect in Gaza last month, Israel—backed by the Biden administration and Congress—responded to the Hamas-led October 7, 2023 attack with a 15-month blockade and military assault that killed tens of thousands, possibly hundreds of thousands, of Palestinians and left the territory in ruins.
"There are solid grounds to investigate Joe Biden, Antony Blinken and Lloyd Austin for complicity in Israel's crimes," DAWN board member and veteran war crimes lawyer Reed Brody said in a Monday statement. "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. U.S. officials have been aware of exactly what Israel is doing, and yet their support never stopped."
"By investigating and prosecuting U.S. officials, the ICC can deter and discourage further international support for Israeli crimes in Gaza and demonstrate that no one is above the law."
DAWN's document lays out how the United States, under Biden, "provided unwavering direct military and political support to Israel, even after it became manifest that Israel continued to carry out severe violations of international humanitarian law and human rights." That includes at least $17.9 billion in taxpayer-funded military assistance since October 2023, a 381% increase from the around $3.8 billion a year before Hamas' attack.
"In addition to new arms transfers and sales authorizations, the U.S. used pre-existing contracts and additional emergency military aid measures to expedite the delivery of major arms," the submission continues, also noting "the deployment of U.S.-operated military intelligence and active military operations targeting groups posing threats to Israel on other fronts."
Israel—like the United States—is not a party to the Hague-based ICC, but Palestine is. The court in November issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas leader Mohammed Diab Ibrahim Al-Masri, also known as Mohammed Deif, who is dead.
DAWN's submission makes the case that "by continuously and unconditionally providing political support and military
support to Israel while being fully aware of the specific crimes committed by Netanyahu, Gallant, and their subordinates, President Biden, Secretary Blinken, and Secretary Austin contributed intentionally to the commission of those crimes while at least knowing the intention of the group to commit the Israeli crimes, if not aiming of furthering such criminal activity."
The group's executive director, Sarah Leah Whitson, said Monday that "not only did Biden, Blinken, and Secretary Austin ignore and justify the overwhelming evidence of Israel's grotesque and deliberate crimes, overruling their own staff recommendations to halt weapons transfers to Israel, they doubled down by providing Israel with unconditional military and political support to ensure it could carry out its atrocities."
"They provided Israel with not only essential military support but equally essential political support by vetoing multiple cease-fire resolutions at the U.N. Security Council to ensure Israel could continue its crimes," Whitson highlighted. She argued that "by investigating and prosecuting U.S. officials, the ICC can deter and discourage further international support for Israeli crimes in Gaza and demonstrate that no one is above the law."
DAWN also recommended that the ICC consider looking into half a dozen other Biden officials including Jake Sullivan, national security adviser; Gina Raimondo, secretary of commerce; Bonnie Jenkins, under secretary of arms control and international security; Stanley L. Brown, acting assistant secretary for the Bureau of Political-Military Affairs; Amanda Dory, acting under secretary of defense for policy; and Mike Miller, acting director of the Defense Security Cooperation Agency.
"It is important for the international community, and Palestinians in particular, to know that the American people do not support the crimes their elected officials committed in Palestine and that American organizations are doing their part to hold these officials accountable," said Whitson. "We have a duty, not just a right, as American civil society, to exercise our free speech to serve truth and seek justice."
So far, efforts to hold Biden and other U.S. leaders accountable for enabling what many experts around the world have called Israel's genocidal assault on Gaza via the U.S. court system have been unsuccessful. That includes a December lawsuit against Blinken backed by DAWN—which was founded by assassinated Saudi journalist Jamal Khashoggi.
"We have tried every available avenue within the U.S. to stop our government's complicity in the outrageous crimes we've witnessed since October 2023 in Gaza," said Raed Jarrar, DAWN's advocacy director. "When domestic institutions fail to uphold black-letter laws prohibiting military support to commit war crimes, we have a particular responsibility as Americans to hold American officials accountable for their roles in those crimes."
Since Biden left office last month, U.S. President Donald Trump has already welcomed Netanyahu to the White House, responded to the warrants by targeting the ICC with sanctions, and promoted a U.S. takeover of Gaza that would involve ethnically cleansing the territory of Palestinians.
"Trump isn't just obstructing justice; he's trying to burn down the courthouse to prevent anyone from holding Israeli criminals accountable," said Jarrar. "His plan to forcibly displace all Palestinians from Gaza should also merit ICC investigation—not just for aiding and abetting Israeli crimes but for ordering forcible transfer, a crime against humanity under the Rome Statute."
"The rule of law remains essential to our collective peace and security," said a United Nations spokesperson.
The International Criminal Court on Friday denounced U.S. President Donald Trump's executive order sanctioning the ICC in response to arrest warrants issued for Israeli leaders over their devastating 15-month military assault on the Gaza Strip.
"The ICC condemns the issuance by the U.S. of an executive order seeking to impose sanctions on its officials and harm its independent and impartial judicial work," the tribunal said in a statement. "The court stands firmly by its personnel and pledges to continue providing justice and hope to millions of innocent victims of atrocities across the world, in all situations before it."
"We call on our 125 states parties, civil society, and all nations of the world to stand united for justice and fundamental human rights," added the Hague-based ICC, which was established by a global treaty known as the Rome Statute to prosecute individuals for genocide, war crimes, crimes against humanity, and the crime of aggression.
A spokesperson for the United Nations' Office of the High Commissioner for Human Rights (OHCHR), Ravina Shamdasani, also slammed Trump's order targeting the ICC, which she called "a central institution of the international criminal justice system and fundamental to ensuring justice and achieving accountability for the most serious crimes."
"We fully support the independent work of the court—across all situations within its jurisdiction," Shamdasani said Friday. "We deeply regret the individual sanctions announced yesterday against court personnel, and call for this measure to be reversed."
"The court should be fully able to undertake its independent work—where a state is unwilling or unable genuinely to carry out the investigation or prosecution, as stated in the Rome Statute. The court is an essential part of the human rights infrastructure," she added. "The rule of law remains essential to our collective peace and security. Seeking accountability globally makes the world a safer place for everyone."
Since Trump signed the order—which specifically cites the court's November warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant—civil society groups around the world have also spoken out against the U.S. president, who previously targeted ICC officials with sanctions during his first term.
"This reckless action sends the message that Israel is above the law and the universal principles of international justice. It suggests that President Trump endorses the Israeli government's crimes and is embracing impunity," said Amnesty International secretary general Agnès Callamard, a former U.N. special rapporteur, in a statement.
The "aggressive" and "vindictive" order, she continued, "is a brutal step that seeks to undermine and destroy what the international community has painstakingly constructed over decades, if not centuries: global rules that are applicable to everyone and aim to deliver justice for all. The sanctions constitute another betrayal of our common humanity."
"At an historic moment when we are witnessing a genocide against Palestinians in Gaza, Russia's aggression against Ukraine, and the global rule of law coming under threat from multiple fronts," she argued, "institutions like the court are needed more than ever to advance human rights protections, prevent future atrocities and secure justice for victims."
Trump's sanctions will not only "embolden perpetrators," Callamard warned, "they will negatively impact the interests of all victims globally and those who look to the court for justice in all the countries where it's conducting investigations, including Darfur, Libya, the Philippines, Palestine, Ukraine, and Venezuela."
"The sanctions are also an affront to 125 member states who have collectively resolved that the court must be able to effectively pursue justice—which means it must be able to undertake independent judicial functions, such as issuing arrest warrants, for example, against Benjamin Netanyahu or Vladimir Putin," said added, referring to the Russian president.
"Governments around the world and regional organizations must do everything in their power to mitigate and block the effect of President Trump's sanctions," Callamard concluded. "Through collective and concerted actions, ICC member states can protect the court and its staff. Urgent action is needed, like never before."
While some governments, such as Hungary, have backed Trump's move, others have joined the chorus of condemnation and reiterated support for the ICC.
"We reaffirm our continued and unwavering support for the independence, impartiality, and integrity of the ICC," 79 nations—including France, Germany, and the United Kingdom—said in a joint statement reported by Reuters. "The court serves as a vital pillar of the international justice system by ensuring accountability for the most serious international crimes, and justice for victims."
The truth is, few people know. And those who do know aren’t telling. Or can’t. Well, I know. And we should all be horrified.
Everyone's talking about mass deportations: how much they'll cost; how they'll tank the economy; how they'll tear communities apart, even if the Trump regime can’t realistically corral and expel the millions of people living and working and raising families without status in the US. Even if their promise was only ever meant to stoke terror and drive the MAGA base to the polls.
What's missing from discussions—what’s always missing from the immigration discussion—is the human impact: what such missions look, feel, sound, and smell like as well as the trauma endured by all involved, including the federal agents made to carry out such actions.
The truth is, few people know. And those who do know aren’t telling. Or can’t.
Well, I know. And we should all be horrified.
I interviewed over four dozen people deported en masse under Trump 1.0 by ICE Air and Department of Defense contractor, Omni Air International. I describe their revelations in my book, Crossing the Line: Finding America in the Borderlands, one of only two public accounts that details what happens to an estimated average of 11,500 individuals on roughly one hundred ICE Air flights every month.
As I am not someone who’s been forced to endure the horrors of an ICE Enforcement and Removals Operation expulsion campaign, I can only imagine the terror and humiliation my sources felt based on the testimonies they shared with me. I, therefore, must ask you to imagine, too…
If you've ever been on a long-distance, economy-class flight, you will know that the body fatigues from sitting in the same position for too long. The joints swell, both from inaction as well as from the cabin's lower-than-normal humidity, which sucks moisture from the tissues and cells, causing dehydration. Shoes become uncomfortably tight; hands lose their grip. Even a six-hour journey across the continental US can be taxing to the lower back, hips, knees.
Now imagine being forced to fly across half the US as well as the Atlantic Ocean with your ankles in manacles, your hands cuffed, and tied tightly to a waist chain. Or your body locked in a torturous “stress position” because ICE ERO agents immobilized you in The WRAP. Imagine the links of the waist chain planting themselves into your spine and back muscles. Imagine not being able to shift or adjust them because you are bound for sixteen, twenty, twenty-four, thirty-six, even forty-eight hours in the case of a botched Omni Air International flight to Somalia documented by Rebecca Sharpless in Shackled (2024).
Imagine sitting for sixteen hours to Douala, Cameroon, your ankles and hands swelling, causing the metal hardware to pierce your skin and eat into your nerves. Imagine your panic at a moment of turbulence when you realize that in the event of an emergency, you will not be able to place over your nose and mouth the oxygen mask that drops from above; you will not be able to open the hatch if the aircraft lands on water; you will not be able to grab a life buoy or to tread water in the event you must deplane in a hurry. You will not be able to hurry. You will be helpless.
Imagine being fed nothing but stale white bread and potato chips. Imagine having to bend over, like a dog, to eat the tasteless, salty fare because your chains are so tight, that you cannot bring your hands to your mouth to feed yourself. Imagine not wishing to eat like a dog and going without, for sixteen hours, maybe more.
Imagine your mouth and nose so parched, the natural, human act of breathing causes you pain. Imagine hours passing before anyone offers you water. Now imagine being physically unable to raise the plastic bottle up to your bone-dry lips and throat.
"To get a drink," recounts Oscar (not his real name), "you had to squeeze both your hands around the container to push the water out the top and try to catch a little on your tongue."
Imagine not being allowed to go to the bathroom without the escort of an armed guard. Imagine having to shuffle your way down the aircraft aisle in manacles and chains with a bladder full to bursting only to find, when you reach the cabin restroom, that the guard refuses to close the door. It is impossible, of course, to lower zipper and trousers with your hands enchained. Imagine missing and soiling yourself. Imagine your escort erupting in laughter, shaming you. Imagine returning to your seat, made to sit in your own urine and feces.
Imagine being a menstruating woman denied a fresh pad; or given one but unable to apply it to soiled panties with bound hands. Imagine even wanting to try with the toilet door left open, and a male guard peering in. Laughing. Imagine.
Imagine that no one has cleaned the toilets and being overpowered by the stench of human excrement. Imagine trying desperately to hold it, but finally giving into the call of nature and the stench being so bad your body takes over. You pee in your pants as you retch, adding to the unholy mess.
I'm told it wasn't just the raw essence of human waste that infused Omni Air International N207AX. There was the constant sobbing of passengers; the ceaseless yelling of guards dressed for war and toting guns; and the odor of nervous, panicked sweat. Again quoting Oscar: "It was torture. You could smell the trauma."
Oscar wasn't the only one to say so. The four-dozen-plus accounts I collected from those forced into this ICE Air torture chamber collectively describe a flying Abu Ghraib. “There are laws preventing even terrorists being treated this way,” states Oscar.
He and the others were not terrorists. They were asylum seekers, fleeing a dictator’s war in which they had become human targets.
In the waning months of the first Trump administration, Omni Air International’s Boeing 767 wide bodies took off multiple times from Alliance Field in Fort Worth, Texas, a hub for defense contractors and cargo operators like Amazon, which is also the majority shareholder in Omni’s parent company, Air Transport Services Group (ATSG). Omni Air charged US taxpayers an estimated $1 million per mission.
How many such flights will it take to exile millions? And how many crimes against humanity will be committed by the so-called “leader of the free world” in the process? You do the math.