ICC Urged to Investigate Alleged War Crimes by Biden and Officials Over Gaza Conflict

A US nonprofit urges the International Criminal Court to investigate former President Biden and top officials for alleged complicity in Gaza war crimes.

Key Insights

Democracy for the Arab World Now (Dawn) submitted a 172-page referral to the ICC against Biden administration officials.
The group accuses Biden, Blinken, and Austin of enabling Israeli military aggression through substantial US support.
Dawn argues that US officials were aware their assistance was being used to commit war crimes in Gaza.
The submission highlights $17.9 billion in weapons transfers, intelligence sharing, and diplomatic protection provided to Israel.
President Trump’s executive order sanctioning the ICC is criticized as obstruction of international justice.

US Nonprofit Calls for ICC Investigation

Democracy for the Arab World Now (Dawn), a US-based nonprofit, has taken a bold step by submitting a comprehensive referral to the International Criminal Court (ICC). The organization is calling for an investigation into former President Joe Biden and senior officials from his administration, including former Secretary of State Antony Blinken and former Secretary of Defense Lloyd Austin. The 172-page submission accuses these leaders of complicity in alleged war crimes committed by Israel in Gaza.

Dawn’s submission to the ICC prosecutor, Karim Khan, outlines purported violations of the Rome Statute, which established the ICC. The group argues that US officials provided substantial support to Israel, enabling military aggression in Gaza. This support included $17.9 billion in weapons transfers, intelligence sharing, and diplomatic protection at the United Nations Security Council.

A U.S.-based nonprofit has called on the International Criminal Court (#ICC) to investigate former President Joe Biden and two of his cabinet members for alleged complicity in war crimes and crimes against humanity in Gaza.
Democracy for the Arab World Now (#dawn) submitted the… pic.twitter.com/D2DcVulaDr

— RTA English (@rtaenglish1) February 25, 2025

Allegations of Complicity

The crux of Dawn’s argument is that Biden, Blinken, Austin, and other officials were fully aware that US assistance was being used to commit war crimes in Gaza. The group claims that despite this knowledge, these leaders continued to provide support and blocked efforts to curb military assistance to Israel. Dawn asserts that aiding and abetting such crimes constitutes an international criminal offense, making the ICC the appropriate venue for prosecution.

“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 submission highlights specific instances where American-made weapons were allegedly used in attacks on Palestinian hospitals, schools, and homes. It also criticizes the US role in vetoing cease-fire resolutions at the UN Security Council, which Dawn argues prolonged the conflict and contributed to civilian suffering.

Challenges and Implications

While the call for an ICC investigation is significant, it faces several hurdles. Neither the United States nor Israel are signatories to the Rome Statute, which complicates the ICC’s jurisdiction in this matter. Additionally, previous 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,” said Raed Jarrar, Dawn’s advocacy director.

The submission also touches on actions taken by President Donald Trump, including an executive order that imposed sanctions on the ICC. Dawn argues that this order could potentially subject Trump to criminal liability for obstruction of justice. The group suggests that if Trump implements his proposed plan to forcibly displace Palestinians from Gaza, it could constitute a crime against humanity under the Rome Statute.

As the international community grapples with the ongoing conflict in Gaza, Dawn’s call for ICC intervention underscores the complex interplay between national interests, international law, and humanitarian concerns. The outcome of this submission could have far-reaching implications for how world leaders approach conflicts and their responsibilities under international law.