WASHINGTON

A Washington-based human rights group has called on the International Criminal Court (ICC) to investigate former US President Joe Biden and other US officials for their alleged roles in enabling Israeli war crimes in Gaza.

In a 172-page communication submitted to ICC Prosecutor Karim Khan on Jan. 19, 2025, and publicly shared on Monday, Democracy for the Arab World Now (DAWN) accused Biden, former Secretary of State Antony Blinken, and former Secretary of Defense Lloyd Austin of "aiding and abetting, as well as intentionally contributing to, Israeli war crimes and crimes against humanity in Gaza."

The submission highlights US government military, political, and public support for Israeli actions, which have included over $17.9 billion in weapon transfers since Oct. 7, 2023, intelligence sharing, and diplomatic protection, such as vetoing several resolutions at the UN General Assembly and Security Council.

“There are solid grounds to investigate Joe Biden, Antony Blinken, and Lloyd Austin for complicity in Israel’s crimes,” said Reed Brody, a veteran war crimes lawyer and DAWN board member, in a 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.”

DAWN’s submission argues that US officials ignored the dire situation in Gaza, despite publicly available reports of Israeli crimes against the civilian population. The document claims that these officials were "undoubtedly" aware of the potential for Israeli war crimes from the start of military operations in Gaza.

Israel killed more than 47,000 people, mostly women and children, in Gaza, since Oct. 7, 2023 attacks by the Palestinian group Hamas.

The relentless bombardment has displaced most of Gaza’s population, led to shortages of food and other necessities, and left much of the enclave in ruins. A ceasefire has been in place since Jan. 19.

Israel also faces a genocide case at the International Court of Justice for its war on the enclave

DAWN further said that the actions of US officials meet the legal criteria for "aiding and abetting and intentionally contributing to crimes" under international law, citing violations of the Rome Statute, including war crimes and crimes against humanity.

It also links these actions to crimes committed by Israeli officials, including those facing ICC arrest warrants, such as Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, for war crimes and crimes against humanity.

“Not only did Biden, Blinken, and 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,” said Sarah Leah Whitson, Executive Director of DAWN in the statement.

“They provided Israel with not only essential military support but equally essential political support by vetoing multiple ceasefire resolutions at the UN Security Council to ensure Israel could continue its crimes,” she said.

DAWN’s submission also addresses President Donald Trump’s widely rejected Gaza plan, which includes the forced displacement of Palestinians to neighboring countries such as Jordan and Egypt. DAWN argues this would subject Trump to individual liability for war crimes and the crime of aggression under Article 8 of the Rome Statute.

Trump’s administration had previously sanctioned ICC officials, including Prosecutor Karim Khan.

DAWN further asserts that this order could subject Trump to "individual criminal liability for obstruction of justice under Article 70 of the Rome Statute."

While the US is not a party to the ICC, it has long maintained that the court lacks jurisdiction over its officials.

DAWN has called on the ICC to investigate not only Biden, Blinken, and Austin but also other US officials involved in military aid decisions.

The organization argues that while US courts have failed to hold these officials accountable, international bodies like the ICC must intervene.