ICC Petition: War Crimes Allegations Against Biden Administration Over Gaza Conflict

A U.S. nonprofit organization has petitioned the International Criminal Court to investigate former President Joe Biden and key cabinet members for alleged complicity in war crimes in Gaza.

Quick Takes

Democracy for the Arab World Now (Dawn) filed a 172-page referral to the ICC against Biden administration officials
The petition accuses Biden, Blinken, and Austin of aiding Israeli war crimes through military and political support
Dawn argues that U.S. weapons and intelligence were knowingly used to commit war crimes in Gaza
The group claims the ICC is the proper venue for prosecution, despite the U.S. not being a signatory to the Rome Statute
President Trump’s actions, including sanctions against the ICC, are also highlighted as potentially obstructing justice

Dawn’s ICC Petition: Allegations Against Biden Administration

Democracy for the Arab World Now (Dawn), a U.S.-based nonprofit, has taken a bold step by submitting a petition to the International Criminal Court (ICC) calling for an investigation into former President Joe Biden and key members of his administration. The organization, founded by the late Saudi journalist Jamal Khashoggi, alleges that Biden, former Secretary of State Antony Blinken, and former Secretary of Defense Lloyd Austin were complicit in war crimes committed by Israel in Gaza.

The 172-page submission to ICC prosecutor Karim Khan on January 19, 2025, argues that these officials provided substantial military, political, and public support to Israel while being aware that U.S. weapons and intelligence were being used to commit war crimes. Dawn’s advocacy director, Raed Jarrar, emphasized the importance of holding American officials accountable for their alleged role in these atrocities.

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

Scope of Allegations and U.S. Support

The petition details the extent of U.S. support for Israel’s military operations in Gaza, including $17.9 billion in weapons transfers, intelligence sharing, and diplomatic protection. Dawn claims that this assistance continued despite clear evidence of its use in attacks on Palestinian hospitals, schools, and homes. The organization also highlights the U.S.’s role in vetoing cease-fire resolutions at the U.N. Security Council.

“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 argues that aiding and abetting such crimes constitutes an international criminal offense, making the ICC the appropriate venue for prosecution. This move comes after unsuccessful attempts to address these concerns through the U.S. court system, including a lawsuit against Blinken.

Implications for Current and Former Administrations

While the petition primarily focuses on the Biden administration, it also raises concerns about actions taken by President Donald Trump. Dawn’s submission points out that Trump signed an executive order authorizing sanctions against the ICC, accusing the court of targeting the U.S. and Israel. The organization suggests that this action could potentially subject Trump to criminal liability for obstruction of justice.

“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,” – Raed Jarrar

Furthermore, Dawn claims that Trump’s proposed plan to forcibly displace Palestinians from Gaza could merit an ICC investigation for ordering forcible transfer, which is considered a crime against humanity under the Rome Statute. This aspect of the petition serves as a reminder to both current and former administrations about the potential consequences of their actions on the international stage.

Challenges and Implications

The petition faces significant hurdles, as neither the United States nor Israel are signatories to the Rome Statute, which established the ICC. This lack of formal recognition complicates the court’s jurisdiction over U.S. officials. Additionally, the U.S. has historically been resistant to ICC authority, as evidenced by Trump’s sanctions against the court.

“Indeed, they ensured that US support continued despite the knowledge that such support violated US laws prohibiting military assistance to abusive security forces, ignored pleas from United Nations officials and agencies, and defied the International Court of Justice’s orders to cease the sale, transfer and diversion of weapons to Israel that could be used to commit genocide in Gaza,” – Dawn

Despite these challenges, Dawn’s action serves to bring international attention to the alleged complicity of U.S. officials in the Gaza conflict. It also underscores the ongoing debate about accountability for actions taken by world powers in complex geopolitical situations. As the ICC considers this petition, it may prompt further discussions about the role of international law in holding powerful nations responsible for their actions in global conflicts.