(23) BREAKING: ICC Asked to Investigate Biden and Blinken Over War Crimes 
Allegations


It's the first time a US-based organization has asked the court to probe a 
former president for complicity in alleged war crimes and crimes against 
humanity.


For the first time ever, a US-based organization has formally asked the 
International Criminal Court to investigate a former US president for possible 
complicity in war crimes and crimes against humanity.

The 172-page request submitted by the Democracy for the Arab World Now (DAWN) 
alleges several figures – including former President Biden, former Secretary of 
State Antony Blinken, and former Defense Secretary Lloyd Austin – aided and 
abetted Israeli war crimes in Gaza.

“This case might face political pushback, but that doesn’t change the message 
it sends: impunity isn’t a given. If the rule of law is supposed to mean 
anything, it has to apply across the board – not just to our enemies, but to 
our friends, and yes, to ourselves,” war crimes prosecutor and DAWN board 
member Reed Brody told Zeteo.

“We’re at a turning point. The question is whether the ICC and international 
law will be … more casualties buried under the rubble of Gaza.”


‘Ignored Grotesque Crimes’

DAWN’s filing, known as an Article 15 communication, details how the US 
officials provided ceaseless military and diplomatic support to Israel despite 
being aware that its aid was being used to commit the type of alleged war 
crimes for which the ICC issued warrants against Israeli leaders, including 
Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. 
Accordingly, DAWN alleges that US officials meet the legal standard for “aiding 
and abetting” such crimes.

Such US support has included at least $17.9 billion of weapons transfers, 
intelligence sharing, and targeting assistance – and the US abstaining from, 
voting against, and vetoing several UN resolutions calling for a ceasefire and 
hostage deal or increased humanitarian aid over the course of 15 months. It’s 
also included repeatedly sending weapons to Israel without congressional 
review, including weapons that were used in alleged war crimes like the killing 
of Hind Rajab.
“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 filing reads.

Sarah Leah Whitson, executive director of DAWN, added in a statement: “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.”

The Biden administration repeatedly defended its policy and, when pressed, 
often defaulted to its line that “Israel has a right to defend itself.” It 
would claim that no civilian loss was acceptable and that the administration 
was “pushing” its “partners in Israel” to improve their conduct. But it took 
almost no tangible steps to increase the pressure on Israel.

For example, Biden’s State Department in May admitted that Israel had “likely” 
used US arms in violation of international law – but announced no policy 
change. It instead emphasized “that a country’s overall commitment” to 
international law “is not necessarily disproven by individual violations, so 
long as that country is taking appropriate steps to investigate and, where 
appropriate, determine accountability.”

DAWN’s filing also named other Biden officials, including former national 
security adviser Jake Sullivan and former Commerce Secretary Gina Raimondo, as 
individuals to look into for possible culpability with Israel's war crimes.

DAWN filed the request last month, on the same day the ceasefire took effect, 
but it was made public for the first time on Monday. ICC-registered lawyers and 
war crimes experts supported it.

The US, like Israel, is not a member of the ICC, but DAWN argues the court has 
jurisdiction, citing the ICC’s ongoing investigation into possible violations 
of the Rome Statute in Palestine.

Mounting Evidence

DAWN’s historic filling joins a string of legal actions taken in response to 
the US-backed Israeli genocide in Gaza. In December, Palestinians and 
Palestinian-Americans filed a federal lawsuit against Blinken, accusing him and 
his department at the time of failing to implement the Leahy Law, which 
prohibits the US from sending military aid to foreign security forces 
committing gross violations of human rights.

Several nations, including Spain, Ireland, and Belgium, joined a South 
Africa-led International Court of Justice Case accusing Israel of genocide. The 
ICJ had already ordered Israel to prevent acts of genocide (which Israel has 
since continued to flout) while the case proceeds.

Last year, a group of human rights organizations, residents of Gaza, and US 
citizens with family impacted by Israel’s military assault sued Biden, Blinken, 
and Austin for failing to “prevent an unfolding genocide.” While a federal 
judge ruled the court did not have jurisdiction, he was critical of the Biden 
administration, saying it was “plausible" that Israel’s conduct amounted to 
genocide and urging the White House “to examine the results of their unflagging 
support of the military siege against the Palestinians in Gaza.”


In its request, DAWN also drew attention to ongoing dangers in a statement, 
pointing to President Donald Trump’s executive order for sanctions against ICC 
officials and his proposed plan to forcibly displace all Palestinians from 
Gaza. The moves, DAWN says, would also subject Trump to liability for 
“obstruction of justice” as well as “war crimes and the crime of aggression,” 
and would also merit an ICC investigation.

“This filing is a message to our fellow Americans: our government has been 
complicit in genocide, and we all bear a responsibility to confront that 
reality and hold our officials accountable,” Raed Jarrar, advocacy director of 
DAWN, told Zeteo. “This is about more than Palestine; this is about whether we, 
as Americans, accept a system where our leaders can facilitate mass atrocities 
without consequences.”


US Group Demands ICC Investigate Biden for Role in Israel’s Genocide in Gaza | 
Truthout

DAWN-ICC-A15-COMM_19Jan2025-1.pdf


AU.S. group has filed a request urging the International Criminal Court (ICC) 
to open an investigation into President Joe Biden and key members of his 
administration for their role in “aiding and abetting” Israel’s alleged war 
crimes and crimes against humanity in Gaza.

In a sprawling 172-page report, Democracy for the Arab World Now (DAWN) laid 
out extensive evidence of complicity in Israel’s “grave abuses” by Biden and 
his Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin.
“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,” said Sarah Leah Whitson, 
DAWN’s executive director.
This includes the U.S.’s record-breaking military aid sent to Israel under 
Biden; the U.S. government’s intelligence-sharing and logistical support; and 
the U.S.’s diplomatic and political backing of the assault, including in the UN.

These actions were all taken by American officials despite their knowledge that 
Israel was committing grave violations of human rights in Gaza and that 
supporting them militarily was a violation of international and domestic law, 
establishing intent, the group says in its filing.

This support was crucial in allowing Israel to carry out the genocide, DAWN 
argues, with the U.S. acting as Israel’s largest arms provider and numerous 
reported incidents of U.S. weapons being used in deadly attacks on Palestinian 
civilians in Gaza. Meanwhile, Biden officials repeatedly pledged their 
unconditional support of Israel while authorities were carrying out a deadly 
blockade on humanitarian aid.

U.S. officials were aware of these alleged violations, the group said, as 
evidenced by numerous reports of internal findings of Israel committing war 
crimes that went ignored or dismissed by the Biden administration.

In the face of the mountain of evidence of Israeli war crimes, Biden and 
Blinken “undoubtedly knew of the potential perpetration of the Israeli Crimes 
in the Gaza Strip since the beginning of the Israeli military operations,” the 
filing says. Austin, with authority to approve or block weapons transfers, 
similarly “played a substantial role in enabling these violations.”

“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,” said Reed Brody, a board member for DAWN and international 
lawyer. “U.S. officials have been aware of exactly what Israel is doing, and 
yet their support never stopped.”

According to Zeteo, this is the first time a U.S.-based group has ever 
requested that the ICC investigate a former U.S. president for complicity in 
war crimes.

In a press release on the report, DAWN also noted that President Donald Trump 
may have violated international law by issuing sanctions against the ICC in an 
executive order earlier this month. Additionally, Trump’s plan for mass forced 
displacement in Gaza would, if implemented, also implicate him in liability for 
a crime against humanity, the group said.

“Trump isn’t just obstructing justice; he’s trying to burn down the courthouse 
to prevent anyone from holding Israeli criminals accountable,” said DAWN 
Advocacy Director Raed Jarrar.




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