Former President of the United States Joe Biden addressing to the nation in the Rose Garden at the White House in Washington DC, United States on November 7, 2024 [Celal Güneş – Anadolu Agency]
The International Criminal Court (ICC) should investigate former US officials President Joe Biden, Secretary of State Antony Blinken and Secretary of Defence Lloyd Austin for their accessorial roles in aiding and abetting, as well as intentionally contributing to, Israeli war crimes and crimes against humanity in Gaza, US civil society organisation Democracy for the Arab World Now (DAWN) has said.
The NGO submitted a 172-page communication to the ICC Prosecutor Karim Khan on 19 January, 2025. Prepared with the support of ICC-registered lawyers and other war crimes experts, the submission details a pattern of deliberate and purposeful decisions by these officials to provide military, political, and public support to facilitate Israeli crimes in Gaza; this support included at least $17.9 billion of weapons transfers, intelligence sharing, targeting assistance, diplomatic protection and official endorsement of Israeli crimes, despite knowledge of how such support had and would substantially enable grave abuses.
“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 communication lays out the legal and factual basis for investigating Biden, Blinken, and Austin for violating Articles 25(3)(c) and (d) of the Rome Statute, both aiding and abetting and intentionally contributing to crimes committed by Israeli officials in Gaza. These crimes include those identified in the arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his former Defence Minister Yoav Gallant, including the war crimes of starvation and intentionally directing attacks against the civilian population, and crimes against humanity, including murder, inhumane acts, and persecution, under the Rome Statute. It also includes their role in the war crime of intentionally directing attacks against civilian objects under Article 8(2)(b)(ii) and the crime of genocide under Article 6.
“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. “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.”
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Minister of Justice and Correctional Services of South Africa Ronald Lamola answers the questions of press members related to the public hearings of South Africa’s genocide case against Israel at the International Court of Justice (ICJ) in The Hague, Netherlands on January 11, 2024 [Dursun Aydemir – Anadolu Agency]
South Africa has vowed not to withdraw its genocide case against Israel at the International Court of Justice (ICJ), despite the Trump administration’s threats and aid cut.
There is “no chance” South Africa could withdraw the case it filed in December 2023, Foreign Minister Ronald Lamola told the Financial Times.
“Standing by our principles sometimes has consequences, but we remain firm that this is important for the world, and the rule of law,” he added.
South Africa was the first nation to drag Israel to the ICJ over its genocidal war on Gaza that has claimed more than 48,000 lives and reduced the enclave to rubble. A ceasefire that took hold on 19 January is currently in place.
Last week, US President Donald Trump signed an executive order halting financial aid to South Africa in retaliation for a new land appropriation law it claims seizes property from the country’s White minority, as well as the ICJ case against Israel.
The US also alleges that South Africa is working with Iran to “develop commercial, military and nuclear arrangements.”
“The United States cannot support the government of South Africa’s commission of rights violations in its country or its ‘undermining United States foreign policy, which poses national security threats to our Nation, our allies, our African partners, and our interests,” the order read.
“While we do have a good relationship with Iran, we don’t have any nuclear programmes with them, nor any trade to speak of,” Lamola said.
South African President Cyril Ramaphosa recently signed the expropriation bill into law, which will allow the state to expropriate land without compensation if it is “just, equitable and in the public interest.”
The government says the law aims to address apartheid’s past injustices, and that Trump’s accusations are lies, distortions and misinformation.
According to Ramaphosa, the country was only receiving HIV/AIDS prevention funding from the US.
After South Africa instituted proceedings against Israel alleging violations of the 1948 Genocide Convention in the Gaza Strip, several countries joined the case including Nicaragua, Colombia, Cuba, Libya, Mexico, Spain, Belize and Turkiye.
The International Criminal Court has separately issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defence Minister Yoav Gallant for war crimes and crimes against humanity in Gaza. Trump has also sanctioned the ICC for investing Israeli officials.
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Israeli Prime Minister Benjamin Netanyahu and U.S. President Donald Trump hold a joint press conference in the East Room at the White House in Washington, D.C., on February 4, 2025. (Photo: Kyle Mazza/Anadolu via Getty Images)
“Instead of kowtowing to Israel and doing the bidding of its genocidal government, the president should act in the interests of our nation,” said one critic.
Amid global outrage over U.S. President Donald Trump’s plan to take over the war-torn Gaza Strip, the Republican also faced criticism on Thursday for his executive order sanctioning the International Criminal Court.
“Bullying the International Criminal Court is a desperate tactic to intimidate those who uphold international law and seek accountability for Israeli war crimes in Gaza,” said Council on American-Islamic Relations (CAIR) national executive director Nihad Awad in a statement.
“It’s a ‘lawless Israel first’ policy that further damages the reputation of the United States, which has already been harmed greatly by our nation’s complicity with Israel’s genocide in Gaza,” he continued. “Instead of kowtowing to Israel and doing the bidding of its genocidal government, the president should act in the interests of our nation.”
According to NewsNation, which first reported on Trump’s order, it was “originally set to be signed Tuesday and pushed back due to a visit from Israeli Prime Minister Benjamin Netanyahu,” the subject of an ICC arrest warrant over Israel’s assault on Gaza.
“It is obvious that President Trump wants no oversight of his actions or those of the far-right Israeli government of indicted war criminal Benjamin Netanyahu.”
The ICC in November also issued related warrants for former Israeli Defense Minister Yoav Gallant and Hamas leader Mohammed Diab Ibrahim Al-Masri. Neither Israel nor the United States—which arms Netanyahu’s government—are parties to the Rome Statute, the treaty that established the tribunal for genocide, war crimes, crimes against humanity, and the crime of aggression.
The court “has engaged in illegitimate and baseless actions targeting America and our close ally Israel,” Trump’s order claims. “The ICC has, without a legitimate basis, asserted jurisdiction over and opened preliminary investigations concerning personnel of the United States and certain of its allies, including Israel, and has further abused its power by issuing baseless arrest warrants targeting” Netanyahu and Gallant.
“The ICC’s recent actions against Israel and the United States set a dangerous precedent, directly endangering current and former United States personnel, including active service members of the armed forces, by exposing them to harassment, abuse, and possible arrest,” the order adds, citing a 2002 U.S. law that opponents call the Hague Invasion Act, which empowers the president to use military force to free any American or citizen of an ally held by the court.
“Americans want more oversight on those in power, not less,” Awad argued. “From his firing of independent U.S. inspector generals to this order, it is obvious that President Trump wants no oversight of his actions or those of the far-right Israeli government of indicted war criminal Benjamin Netanyahu. American greatness relies on check and balances, never on one man’s whims.”
During Trump’s first term, he sanctioned ICC officials and revoked the chief prosecutor’s visa. His new order, NewsNation reported, “will put financial and visa sanctions on individuals and family members who help the ICC investigate U.S. citizens or allies.”
According to NBC News, a White House fact sheet on the order says that “the ICC was designed to be a court of last resort,” and “both the United States and Israel maintain robust judiciary systems and should never be subject to the jurisdiction of the ICC.”
Charlie Hogle, staff attorney with ACLU’s National Security Project, said in a statement that “victims of human rights abuses around the world turn to the International Criminal Court when they have nowhere else to go, and President Trump’s executive order will make it harder for them to find justice. The order also raises serious First Amendment concerns because it puts people in the United States at risk of harsh penalties for helping the court identify and investigate atrocities committed anywhere, by anyone. This is an attack on both accountability and free speech.”
Sanctioning ICC staff and their families “because they did their job in investigating U.S. torture and advancing justice for Palestinians in the face of Israel’s 15-month total assault on Gaza is a direct attack on the rule of law,” declared Vincent Warren, executive director of the Center for Constitutional Rights. “The broad scope of the executive order is intended to embolden perpetrators across the world and to inhibit the pursuit of international justice against the most powerful.”
Center for International Policy’s vice president of government affairs, Dylan Williams, argued that Trump’s order “continues his march to make America a pariah state” and “provides succor to brutal dictators, aggressors, and other human rights abusers around the world whom he admires.”
“It is not a coincidence that Trump’s move against the ICC comes just hours after he proposed that the United States carry out a crime against humanity in Gaza.”
“It is not a coincidence that Trump’s move against the ICC comes just hours after he proposed that the United States carry out a crime against humanity in Gaza, while standing next to a man wanted by the court to answer for war crimes in that territory,” Williams said. “The objective of attacking the court is to ensure absolute impunity for those, like both of them, who seek to act unrestrained by any law.”
“States that are party to the Rome Statute should reaffirm and carry out their obligations with respect to the court, including the consistent enforcement of its duly issued warrants and orders,” he continued. “American lawmakers should treat this attack on a judicial body and its officers as they do Trump’s efforts to destroy domestic institutions of justice, independent of the fact that they may disagree with certain rulings or actions of such bodies.”
Williams added that “defending the legitimacy of the ICC is an inseparable part of the fight to protect the rule of law in the United States and around the world from the forces of autocracy and oligarchy. Those who fail to firmly oppose Trump’s attack on the court—or worse, support it—are proving themselves to be only fair-weather friends to democracy and human rights at best, or complicit in their destruction outright.”
Netanyahu and Gallant’s visits to the U.S. this week have been met with protests and calls for their arrests.
Punchbowl News‘ Max Cohen reported that Netanyahu met with and pressured U.S. senators to pass a federal ICC sanctions bill that was advanced early last month by the House of Representatives’ Republican majority and 45 Democrats.
Senate Minority Leader Chuck Schumer (D-N.Y.), Cohen said, “reiterated Dems are eager to get a bipartisan compromise and Netanyahu agreed there should be a compromise.”
This post was updated with additional comment and details after the White House released the executive order.
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United Nations Special Rapporteur for the Occupied Palestinian Territories Francesca Albanese speaks during a February 5, 2025 press conference in Copenhagen. (Photo: James Brooks/AFP via Getty Images)
“And in the context of a genocide… it will strengthen the complicity in the crimes that Israel has been committing over the past 15 months and before.”
Francesca Albanese—the United Nations special rapporteur on the occupied Palestinian territories—on Wednesday denounced President Donald Trump’s proposed U.S. takeover of the Gaza Strip and expulsion of most of its native inhabitants as something “worse” than ethnic cleansing.
“President Trump, oh, where to start?” Albanese said in Copenhagen on Wednesday, calling the Republican president’s plan “utter nonsense.”
“And it’s unlawful, what he proposes,” she continued. “People talk of ethnic cleansing. No, it’s worse… it’s inciting to commit forced displacement, which is an international crime.”
“And in the context of a genocide… it will strengthen the complicity in the crimes that Israel has been committing over the past 15 months and before,” Albanese added.
The special rapporteur’s condemnation came in response to Trump’s Tuesday remarks during a White House press conference with Israeli Prime Minister Benjamin Netanyahu, who is wanted by the International Criminal Court, which Trump sanctioned on Thursday. The president asserted that “the U.S. will take over the Gaza Strip” after emptying the enclave of most of its native Palestinian population.
“We’ll own it,” Trump said, adding that “we’re going to develop it” and turn Gaza into the “Riviera of the Middle East.”
Palestinians roundly rejected and derided Trump’s proposal, while Netanyahu said Israel would study the plan.
“It’s unlawful, immoral, and irresponsible,” Albanese said Wednesday. “It will make the regional crisis even worse.”
Trump doubled down on his proposal in an early Thursday morning post on his Truth Social website.
“The Gaza Strip would be turned over to the United States by Israel at the conclusion of fighting,” he said. “The Palestinians, people like Chuck Schumer, would have already been resettled in far safer and more beautiful communities, with new and modern homes, in the region. They would actually have a chance to be happy, safe, and free.”
It is not clear what Trump’s reference to the Democratic U.S. senator from New York meant.
Israel—which was founded 77 years ago largely through the ethnic cleansing of more than 750,000 Palestinians—has been accused of seeking to permanently remove Gazans, most of whom are descendants of survivors of the 1948 expulsions, to make way for the renewed Jewish colonization of the coastal enclave.
“No one has the right to say how Gaza will be rebuilt other than the Palestinians.”
Trump has proposed relocating Gazans to Egypt and Jordan, a violation of the Fourth Geneva Convention rejected by Palestinians, Egyptians, and Jordanians alike.
While ethnic cleansing, a term coined during the Balkan wars of the late 20th century, is not explicitly a crime under any international law, the South Africa-led genocide case against Israel at the International Court of Justice accuses the U.S.-backed nation of offenses including the forced displacement of around 2 million Palestinians in Gaza.
“This is a population of genocide survivors and they need to be rescued before thinking of who’s going to rebuild Gaza,” Albanese said in Copenhagen. “No one has the right to say how Gaza will be rebuilt other than the Palestinians.”
Displaced Palestinians make their way through the Nuseirat Refugee Camp on February 5, 2025. (Photo: Ashraf Amra/Anadolu via Getty Images)
“The expulsion of the Palestinian civilian population from Gaza would not only be unacceptable and contrary to international law,” said Germany’s foreign minister. “It would also lead to new suffering and new hatred.”
U.S. President Donald Trump’s call on Tuesday for the ethnic cleansing of Gaza with American military force drew near-universal condemnation from the international community, with political leaders, United Nations officials, and human rights groups denouncing the outrageous proposal as inhumane and blatantly unlawful.
“Any forcible transfer in or deportation of people from occupied territory is strictly prohibited,” Volker Türk, the U.N. high commissioner for human rights, said in a statement following Trump’s remarks alongside Israeli Prime Minister Benjamin Netanyahu, who is facing an International Criminal Court arrest warrant after presiding over a 15-month-long, U.S.-backed decimation of the Gaza Strip.
U.S. allies and adversaries, including in the Middle East, swiftly rejected Trump’s call for American ownership of Gaza and the total removal of the Palestinian population. Hamas, the Palestinian Authority, Palestinian Islamic Jihad, Palestine’s envoy to the U.N., Saudi Arabia, Egypt, and ordinary Palestinians in Gaza were among those who dismissed the U.S. president’s proposal as unconscionable.
“These calls represent a serious violation of international law,” said Palestinian President Mahmoud Abbas. “Peace and stability will not be achieved in the region without establishing a Palestinian state with Jerusalem as its capital on the borders of 1967, based on the two-state solution.”
European nations also sharply criticized Trump’s proposal, with France’s foreign ministry expressing “opposition to any forced displacement of Gaza’s Palestinian population, which would constitute a serious violation of international law, an attack on the legitimate aspirations of Palestinians, and also a major obstacle to the two-state solution and a factor of major destabilization for our close partners, Egypt and Jordan, and the whole region.”
German Foreign Minister Annalena Baerbock said that “the expulsion of the Palestinian civilian population from Gaza would not only be unacceptable and contrary to international law.”
“It would also lead to new suffering and new hatred,” she warned.
“Once again, the man who claimed to be the peace candidate is showing himself to be nothing more than the War Profiteer President.”
Trump’s call for a U.S. takeover of the Gaza Strip came days after the president said he wants to “just clean out” the Palestinian enclave by forcibly displacing the territory’s population, which is living under a fragile cease-fire agreement and in the process of returning to homes left in utter ruins by Israeli and American bombs.
Francesca Albanese, the U.N. special rapporteur for the occupied Palestinian territories, said at a press conference on Tuesday that Trump’s proposal is “completely irresponsible.” Even the act of floating ethnic cleansing in Gaza amounts to “incitement to commit forced displacement, which is an international crime,” said Albanese.
“The international community is made up of 193 states,” she added, “and this is the time to give the U.S. what it has been looking for: isolation.”
U.S. human rights and anti-war organizations joined the chorus slamming Trump’s proposal, with Amnesty International USA executive director Paul O’Brien writing on social media that “removing all Palestinians from Gaza is tantamount to destroying them as a people.”
Sara Haghdoosti, executive director of Win Without War, said in a statement late Tuesday that “forcibly removing Palestinians from Gaza is ethnic cleansing.”
“It is obviously illegal, deeply morally wrong, and incredibly dangerous,” said Haghdoosti. “People in Palestine, Israel, Lebanon, and beyond need a real end to the war, not permanent forced displacement. Instead, tonight President Trump proposed to send U.S. armed forces to Gaza to kick Palestinians out and act as security guards for [Jared] Kushner and friends as they cash in on what Trump called ‘the Riviera of the Middle East.'”
“Once again,” Haghdoosti added, “the man who claimed to be the peace candidate is showing himself to be nothing more than the War Profiteer President.”
Elon Musk urges you to be a Fascist like him, says that you can ignore facts
and reality then.Climate Science Denier Donald Trump says Burn, Baby, Burn.
