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international humanitarian law
Rights Group Urges ICC to Probe Biden for 'Aiding and Abetting' Israeli Crimes in Gaza
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."
Feb 24, 2025
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."
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Biden Stands Aside as Netanyahu Incinerates Gaza, Now Lebanon
Having full U.S. government backing, including weapons and political cover to continue the carnage, Netanyahu knows he has a free hand to attack Iran and drag the U.S. into a regional war.
Oct 19, 2024
Biden’s bombs and missiles, dropped daily on Lebanon, a U.S. ally, by his puppet master Netanyahu, is wreaking havoc in this small defenseless country. The Israeli genocidal machine is waging an incinerating assault on fleeing civilians and critical facilities. The scorched-earth Israeli strategy is the same as what we have seen in Gaza. Attack in Lebanon anyone who moves or anything that stands—whether a hospital, a dense residential area, a café, a municipal building, a market, a school, or a Mosque—and allege there was a Hezbollah commander or a Hezbollah site here or there. Two recent New York Times headlines express some of the impact of this latest Israeli war: “In Just a Week, a Million People in Lebanon Have Been Displaced” and “Lebanon’s Hospitals Buckle Amid an Onslaught: ‘Indiscriminate’ Strikes Overwhelm Health System, U.N. Says.”
Historical note: Hezbollah, also a political party and social service organization, was created to defend impoverished Shiite Muslims in southern Lebanon in 1982 right after the Israeli army once again invaded Lebanon and badly mistreated the residents during an 18-year-long military occupation.
No matter what or who the Israeli Air Force’s American F-16 fighter aircraft bomb, no matter the deaths and injuries to thousands of Lebanese families, many of them children and women, Biden keeps unconditionally and savagely shipping weapons of mass destruction. He is violating six federal laws requiring conditions be met—such as not violating human rights or not obstructing U.S. humanitarian aid. Netanyahu is violating these and other conditions and mocking his major benefactor, the United States government.
Israel has long had designs on a slice of Lebanon going up to and including the Litani River area. Water is valuable. Over the years, Israel has routinely violated Lebanese air space, executed incursions into Lebanon and has used forbidden cluster bombs and white phosphorous. According to Aya Majzoub, Deputy Regional Director for the Middle East and North Africa at Amnesty International, “It is beyond horrific that the Israeli army has indiscriminately used white phosphorous in violation of international humanitarian law.”
The White House knows all this. It doesn’t care. Wherever Israel invades, bombs, assassinates, or boobytraps pagers and walkie-talkies, Bibi-Biden continues his servility to the Israeli terror regime and its genocidal leader Netanyahu, who is despised by three out of four Israelis for his domestic policies and is under indictment by Israeli prosecutors for corruption.
Despite reports that Biden steams in private against Netanyahu, and considers him a liar and a supporter of Trump’s re-election, Biden knows that that this foreign authoritarian has the big card: CONGRESS. Most of the legislators who attended his noxious address to a joint congressional session last June gave him a record-breaking 52 standing ovations. Former House Speaker Nancy Pelosi said, “Benjamin Netanyahu’s presentation in the House Chamber today was by far the worst presentation of any foreign dignitary invited and honored with the privilege of addressing the Congress of the United States.”
Biden, who is known to conduct foreign and military policy without any authorization by Congress, doesn’t want to offend the powerful “Israel Government Can Do No Wrong” Lobby in the U.S.—to which he has been indentured for his entire 50-year political career. This includes Israel’s current destruction of Lebanon, where tens of thousands of Americans are residing. The Washington Post reports that the Biden White House “has so far given full backing to Israel’s ground operations in Lebanon, even amid a growing international outcry over the civilian toll … and Israeli clashes with United Nations peacekeepers,” who have been assigned there for decades.
Having full U.S. government backing, and now backed by U.S. warships, Marines and logistics, plus 100 U.S. soldiers arriving this week in Israel, Netanyahu knows he has a free hand to attack Iran and drag the U.S. into a regional war.
Both Netanyahu and Bibi-Biden have been briefed about the possibilities of “blowback” (the CIA’s term) against the U.S. These concerns come from U.S. intelligence agencies who study scenarios like future 9/11s or the recent inexpensive armed drones that can be constructed and deployed anywhere. Militarists and corporatists in the U.S. aren’t that concerned because whenever “blowback” occurs they can concentrate more power, with bigger military budgets and profits, in another “war on terror,” silencing dissent and subordinating or sidelining critical domestic priorities.
That is the lethal fix and fate that America has been subjected to by its cowardly, Constitution-violating politicians from both major parties. The power structure—the corporate state—or what Franklin Delano Roosevelt once called in a 1938 message to Congress “fascism,” is telling the American people: “Heads we win, Tails you lose.”
Here is how bad Biden has gotten. Recently, two letters signed by 65 American doctors and health workers back from the horrors, the killing fields of Gaza, to President Joe Biden, have gone unanswered. (See, “65 Doctors, Nurses and Paramedics: What We Saw in Gaza” by Feroze Sidhwa, New York Times on Sunday, October 13, 2024). Their letters plead for a ceasefire and immediate humanitarian aid for the starving, dying people of Gaza. They request a meeting with President Biden, who has often met with the pro-Israeli lobby. Scranton Joe says no way.
These brave physicians and nurses also are requesting that Joe Biden demand that Netanyahu allow children in Gaza who are seriously burned or are amputees be air-lifted to America to be treated by compassionate specialists in ready American hospitals. Biden, a practicing Catholic, has no interest.
President George Washington warned his country about avoiding foreign entanglements in his farewell address. Were he possessed of more prescience; he would have added the word “surrenders.”
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Biden (Finally) Threatens to Halt Arms to Israel Over Gaza Carnage
"We should not wait 30 days," one group argued. "U.S. law requires ending the weapons NOW."
Oct 15, 2024
After a year of outrage over U.S. support for Israel's devastating assault on the Gaza Strip, multiple media outlets reported Tuesday that the Biden administration threatened to cut off U.S. weapons if the Israeli government does not take "urgent and sustained actions" to improve humanitarian conditions in the Palestinian territory within 30 days.
The October 13 letter from U.S. Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin is addressed to Israeli Minister of Defense Yoav Gallant and Minister of Strategic Affairs Ron Dermer. Axios reporter Barak Ravid published images of the letter on social media and The Washington Postreported that its "authenticity was confirmed by U.S. and Israeli officials."
Blinken and Austin noted requirements under federal law—which critics of the war have often cited in arguments that continuing to provide Israel with weapons is illegal—and National Security Memorandum 20, which President Joe Biden issued in February. NSM-20 directs the secretary of state "to obtain certain credible and reliable written assurances from foreign governments" that they use U.S. arms in line with international humanitarian law and will not "arbitrarily deny, restrict, or otherwise impede, directly or indirectly, the transport or delivery of United States humanitarian assistance."
The U.S. secretaries wrote that "to reverse the downward humanitarian trajectory and consistent with its assurances to us, Israel must, starting now and within 30 days, act on the following concrete measures. Failure to demonstrate a sustained commitment to implementing and maintaining these measures may have implications for U.S. policy under NSM-20 and relevant U.S. law."
The letter calls on the Israeli government to "surge all forms of humanitarian assistance throughout Gaza," with a list of specific actions. It also demands that Israel "ensure that the commercial and Jordan Armed Forces (JAF) corridors are functioning at full and continuous capacity" and "end the isolation in northern Gaza."
While acknowledging concerns about Israel's unverified allegations that a small number of staff from the United Nations Relief and Works Agency for Palestine Refugees in the Near East were involved in the Hamas-led October 7, 2023 attack, Blinken and Austin also expressed alarm about the Knesset's potential adoption of UNRWA legislation that "would devastate the Gaza humanitarian response at this critical moment and deny vital educational and social services to tens of thousands of Palestinians in the West Bank and East Jerusalem, which could have implications under relevant U.S. law and policy."
As CNNreported Tuesday:
Israel appears to already be responding to the letter, at least indirectly. Just one day after the letter was sent, COGAT, the Israeli agency that manages policy for the Palestinian territories and the flow of aid into the strip, tweeted photos of aid going into Gaza.
"30 trucks entered northern Gaza through the Erez Crossing earlier today. Israel is not preventing the entry of humanitarian aid, with an emphasis on food, into Gaza," COGAT said in a post on X. "Israel will continue to allow the entry of humanitarian aid to the residents of Gaza, while simultaneously destroying Hamas’ military and governance infrastructures."
However, since Sunday, Israel has also continued killing civilians in Gaza, bombing a hospital complex and refugee camps—actions that have led progressive U.S. lawmakers to call on Biden to stop "this evil genocide."
Israel faces a genocide case at the International Court of Justice over its yearlong assault on Gaza—which, according to local officials in the Hamas-governed enclave, has killed at least 42,344 Palestinians and wounded another 99,013, with thousands more missing.
Responding to the new letter in a Tuesday statement, Sarah Leah Whitson, executive director of Democracy for the Arab World Now, said that "however long overdue, this official warning that Israel must stop blocking humanitarian aid to Gaza or face a suspension of U.S. military aid is an important and unprecedented signal that Israel has crossed even the Biden administration's permissive red lines."
"We now need the Biden administration to show action, not just words, in enforcing U.S. laws, which prohibit aid to Israel given not only its relentless obstruction of humanitarian relief but deliberate starvation and incessant bombardment of Gaza's civilians," she added.
The Institute for Middle East Understanding Policy Project noted on social media that the United States Agency for International Development and the State Department's Bureau of Population, Refugees, and Migration "recommended ending weapons to Israel months ago for these violations."
"Blinken ignored them and lied to Congress about their findings," the group said. "We should not wait 30 days. U.S. law requires ending the weapons NOW."
Georgia state Rep. Ruwa Romman (D-97), who is Palestinian American, agreed. She declared: "Do it now! There's 370 days of evidence. The hundreds of thousands of people being starved in Gaza won't survive 30 more days."
Outgoing Congressman Jamaal Bowman (D-N.Y.)—who lost his June primary to a pro-Israel candidate backed by lobbyist money—also argued Tuesday that "30 days is too long to wait and see if we will impose an arms embargo."
"How many more Palestinians are we going to allow Israel to murder in 30 days?" he asked. "How many more children and families and generations? We need an arms embargo NOW!"
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