ICC Investigation Request: Allegations Against Biden and Officials for Gaza War Crimes

A US-based nonprofit organization has called for an International Criminal Court investigation into former US President Joe Biden and top officials for alleged complicity in Gaza war crimes.

Key Takeaways

Democracy for the Arab World Now (Dawn) has requested an ICC investigation into Biden, Blinken, and Austin for alleged complicity in Gaza war crimes.
The 172-page submission claims US officials provided crucial military and political support to Israeli operations that violated international law.
Dawn argues that US assistance, including $17.9 billion in weapons transfers, facilitated war crimes in Gaza.
The group’s action highlights the challenge of holding US officials accountable through domestic legal channels.
Dawn’s submission also scrutinizes former President Trump’s executive order sanctioning the ICC, suggesting potential obstruction of justice.

Dawn’s ICC Referral Against Biden Administration

Democracy for the Arab World Now (Dawn), a US-based nonprofit, has taken unprecedented action by submitting a referral to the International Criminal Court (ICC) against former President Joe Biden and key members of his administration. The organization, founded by the late Saudi journalist Jamal Khashoggi, is calling for an investigation into alleged complicity in Israeli war crimes committed in Gaza.

The 172-page submission targets Biden, former Secretary of State Antony Blinken, and former Secretary of Defense Lloyd Austin, among others. Dawn argues that these officials provided critical military, political, and public support to Israel, fully aware that US weapons and intelligence were being used to commit war crimes in Gaza.

US Support and Alleged War Crimes

According to Dawn’s submission, the US provided substantial material support to Israel, including $17.9 billion in weapons transfers, intelligence sharing, and diplomatic protection. The organization claims this assistance directly facilitated Israeli actions that potentially constitute war crimes under international law.

“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.”

Dawn’s advocacy director, Raed Jarrar, emphasized the responsibility of Americans to hold their officials accountable for alleged complicity in war crimes. The group’s submission highlights the use of American bombs in attacks on Palestinian hospitals, schools, and homes, as well as the US’s role in vetoing cease-fire resolutions at the UN Security Council.

Challenges in Accountability

The referral to the ICC comes after unsuccessful attempts to address these concerns through the US legal system. Dawn’s advocacy director, Raed Jarrar, stated, “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.”

It’s worth noting that neither the United States nor Israel are signatories to the Rome Statute, which established the ICC. This complicates the potential for prosecution, as the court’s jurisdiction over these nations is limited.

Implications for Current and Former Administrations

Dawn’s submission, filed on January 19, before the transition from the Biden to Trump administration, serves as a reminder to both current and potential future administrations about the international legal consequences of their actions. The group’s call for accountability extends beyond the immediate case, potentially influencing future US foreign policy decisions.

“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.” – Sarah Leah Whitson

The submission also addresses former President Donald Trump’s executive order authorizing sanctions against the ICC. Dawn argues that this action could potentially subject Trump to criminal liability for obstruction of justice. Additionally, the group suggests that Trump’s proposed plan to forcibly displace Palestinians from Gaza could merit an ICC investigation for ordering forcible transfer, a crime against humanity under the Rome Statute.

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

As this case unfolds, it will likely spark intense debate about the role of international law in holding world leaders accountable and the extent of US support for its allies in conflict zones. The outcome of Dawn’s referral to the ICC could have far-reaching implications for international diplomacy and the conduct of military operations in the future.