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.”
One advocate urged action “to prevent further loss of innocent life, the deepening of an extraordinary humanitarian crisis, and the continued erosion of U.S. credibility as an upholder of international humanitarian law.”
As the deadline set by the Biden administration last month for Israel to step up aid deliveries to Gaza passed on Tuesday, human rights groups demanded that the U.S. stick to its commitment to holding the Israeli government accountable for what one advocate called “a campaign of ethnic cleansing.”
But the White House’s refusal over the last 13 months to follow U.S. and international law provoked doubt that it would do so.
U.S. Secretary of State Antony Blinken and Defense Secretary Lloyd Austin wrote a letter to Israeli Prime Minister Benjamin Netanyahu’s government on October 13, giving Israel 30 days to allow at least 350 humanitarian aid trucks per day into Gaza, open a fifth crossing into the enclave, and ensure access to northern Gaza for aid groups, among other specific steps outlined in the letter.
Noncompliance would violate National Security Memorandum 20, which President Joe Biden issued in February to demand credible assurances from Israel that it was acting according to international law, and Section 620I of the Foreign Assistance Act, which prohibits the U.S. from providing military aid to countries that are blocking U.S. humanitarian aid.
Advocates have said for months that Israel and the U.S. have been violating both statutes, as mounting evidence has shown U.S. weapons have been used in Israeli attacks on civilians and United Nations experts have warned Gaza has descended into famine.
Louise Wateridge, a senior emergency officer for the U.N. Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), said Tuesday that the Biden administration’s warning 30 days ago did not improve conditions in Gaza, with aid entering the enclave “at its lowest level in months.”
“Thousands and thousands of people have been killed senselessly. They have been killed because there is lack of aid, because the bombs have continued, and because we have not been able to even reach them under the rubble,” Wateridge said at a press briefing in Geneva. “The average for October was 37 trucks a day into the entire Gaza Strip… That is for 2.2 million people… Children are dying. People are dying every day.”
With the number of daily deliveries since October 13 far below the level stipulated by the Biden administration, Wateridge emphasized that “anything that happens now is already too late.”
As the deadline passed, Israel appeared eager to put new humanitarian aid efforts on display, with the Coordinator of Government Activities in the Territories (COGAT) posting on social media an image of a convoy delivering what it said were “hundreds of food and water packages to the Jabaliya and Beit Hanoun areas in 6n Gaza.”
The military also arranged a photo call on Monday where journalists “were invited to film around eight aid truc ks passing into Gaza,” reported Jon Donnison at the BBC. “They were laden with sacks of flour, rice, and toilet paper, among other things.”
“So, aid is getting into Gaza,” wrote Donnison. “But nowhere near enough.”
Before Israel began its bombardment of Gaza in October 2023, about 500 aid trucks entered the enclave each day.
A spokesperson for COGAT told the BBC Tuesday that “most aspects [of Blinken’s demands] have been met and those which have not are being discussed.”
U.N. officials said this week that aid workers have been unable to deliver relief even after the Israel Defense Forces gave approval for deliveries in northern Gaza, which has been cut of from virtually all aid for more than a month. Israeli troops on the ground have restricted aid despite the IDF’s approval.
In southern Gaza, hundreds of trucks containing aid have been sitting on the enclave’s side of the border with Egypt because U.N. workers cannot reach them due to “lawlessness, theft, and Israeli military restrictions,” according to TheAssociated Press.
As the deadline passed Tuesday, a coalition of human rights groups including Oxfam, Refugees International, and Save the Children released a scorecard assessing Israel’s progress in complying with the conditions set by Blinken and Austin on October 13.
They found “outright failure” by Israel to meet 15 out of 19 measures of compliance, and said the IDF has only partially complied with the remaining four.
Israel has failed to allow 350 aid trucks into Gaza over the last month, said the groups, and has not ended the isolation of northern Gaza or allowed the International Committee of the Red Cross (ICRC) access to Palestinians detained by Israel, among other requirements set last month.
“The U.S. government once again laid out basic measures for how the government of Israel must follow international law and allow for aid delivery in Gaza,” said Oxfam America president and CEO Abby Maxman. “Since then, we have seen Israeli forces accelerate their efforts to bombard, depopulate, deprive, and erase the Palestinian population of the North Gaza governorate. We are witnessing a campaign of ethnic cleansing.”
“Oxfam and partner organizations are unable to provide any support to the remaining civilians in the North Gaza governorate, where people are dying every day,” added Maxman. “jAccess to the rest of Gaza is also severely restricted, with civilians facing starvation and relentless violence. The U.S. must finally make this overdue call to suspend deadly arms sales to Israel or be complicit in the horrific atrocities unfolding before our eyes.”
Michelle Nunn, president and CEO of CARE, said that with the letter sent to Netanyahu’s government last month, the U.S. “created a critical opportunity to respond to the facts on the ground, and to insist upon accountability to our own laws.”
“It is imperative to act now to prevent further loss of innocent life, the deepening of an extraordinary humanitarian crisis, and the continued erosion of U.S. credibility as an upholder of international humanitarian law,” said Nunn.
The analysis, added Refugees International president Jeremy Konyndyk, “demonstrates that the Israeli government is violating its obligations under U.S. and international law to facilitate humanitarian relief for suffering Palestinians in Gaza.”
“With experts again projecting imminent famine in north Gaza, there is no time to lose,” he added. “The United States must impose immediate restrictions on security cooperation with Israel as required under Section 620I of the Foreign Assistance Act.”
Original article republished from MEMO under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Palestinians wait in line to receive aids at the school where UNRWA distributes food parcels in Deir al-Balah, Gaza on November 07, 2024. [Ashraf Amra – Anadolu Agency]
President Joe Biden’s administration has concluded that Israel is not currently impeding assistance to Gaza and, therefore, is not violating US law, the State Department said on Tuesday, although Washington acknowledged the humanitarian situation remained dire in the Palestinian enclave, Reuters reports.
US Secretary of State, Antony Blinken, and Defence Secretary, Lloyd Austin, in a 13 October letter gave their Israeli counterparts a list of specific steps that Israel needs to take within the next 30 days to address the worsening situation in Gaza. Failure to do so may have possible consequences on US military aid to Israel, they said in the letter.
But, on Tuesday, the deadline mentioned in the letter, State Department deputy spokesperson, Vedant Patel, repeatedly declined to say if the specific criteria were fulfilled. Instead, he told reporters that Israel has taken steps to address the demands and that Washington would continue to assess the situation.
“We’ve seen some progress being made. We would like to see some more changes happen. We believe that had it not been for US intervention, these changes may not have ever taken place,” Patel said, adding that Washington will continue to assess Israel’s compliance with US law.
International aid groups said Israel had failed to meet the series of US demands intended to improve the humanitarian crisis in Gaza by the Tuesday deadline.
Patel, fielding repeated questions from reporters in the briefing, declined to explain why Washington chose to make the assessment based on Israel’s measures to address the problems instead of actual results on the ground, which US officials have repeatedly said would be their measuring stick.
Earlier this month, the State Department said the results on the ground as of 4 November were not good enough.
On Tuesday, Patel said Israel had taken some steps, including reopening the Erez Crossing, waiving certain customs requirements and opening additional delivery routes within Gaza.
For more than a month, Israeli forces have been pushing deeper into north Gaza, surrounding hospitals and shelters and displacing new waves of people in an operation they say is designed to prevent Hamas fighters regrouping.
Biden, whose term ends soon, has offered strong backing to Israel since Hamas-led gunmen attacked Israel last October, killing 1,200 people and taking more than 250 hostages.
However, since then, it has been revealed by Haaretz that helicopters and tanks of the Israeli army had, in fact, killed many of the 1,139 soldiers and civilians claimed by Israel to have been killed by the Palestinian Resistance.
More than 43,500 Palestinians have been killed in Gaza over the past year and Gaza has been reduced to a wasteland of wrecked buildings and piles of rubble where more than 2 million Gazans seek shelter as best they can.
Current UK Prime Minister Keir Starmer is quoted that he supports Zionism without qualification. He also confirms that his active support and that of UK’s air force has been essential in Israel’s mass-murdering genocide. Includes URLs https://www.declassifieduk.org/keir-starmers-100-spy-flights-over-gaza-in-support-of-israel/ and https://youtu.be/O74hZCKKdpAUK Foreign Secretary David Lammy says that UK is suspending 30 of 350 arms licences to Israel. He also confirms the UK government’s support for Israel’s Gaza genocide and the UK government and military’s active participation in genocide.
Dr. Tanya Haj-Hassan (left) pushes back on CNN anchor Kate Bolduan’s (center) description of the Gaza genocide as a “humanitarian crisis” during an October 7, 2024 interview. (Photo: CNN screen grab)
“History books will be written on this and countries will have to reckon—media agencies will have to reckon—with their major role in the genocide,” said Dr. Tanya Haj-Hassan.
Human rights advocates on Friday highlighted a rare instance in which a U.S. corporate media outlet allowed a pro-Palestinian voice to set the record straight about Israel’s crimes against humanity in Gaza.
Earlier this week, CNN “News Central” aired a panel segment on the anniversary of the October 7, 2023 Hamas-led attack on Israel and Israel’s retaliatory war. Anchor Kate Bolduan noted that around 1,200 people were killed during the Hamas attack—although she did not say that at least some of them were slain by Israeli forces in “friendly fire” incidents and under the Hannibal Directive—and that 250 others were kidnapped.
Bolduan also acknowledged that nearly 42,000 Palestinians have been killed and another 2 million displaced by Israeli forces, calling the situation in Gaza a “desperate humanitarian crisis.”
“A humanitarian crisis is what you deal with when you have a hurricane, what you deal with when you have an earthquake.”
The anchor asked panel participant Dr. Tanya Haj-Hassan—an American pediatric intensive care physician who volunteered for two weeks at Al-Aqsa Martyrs Hospital in Deir al-Balah in the central Gaza Strip—for her thoughts on the matter.
“In all honesty, a humanitarian crisis is what you deal with when you have a hurricane, what you deal with when you have an earthquake,” Haj-Hassan replied. “This is not a humanitarian crisis.”
“Kate, and I’m going to say it very clearly for your viewers to hear, this is genocide,” the doctor stressed.
"This is not a humanitarian crisis, Kate, and I'm going to say it very clearly for your viewers to hear: This is genocide […] Media agencies will have reckon with their major role in the genocide." — Dr. Tanya Haj-Hassan to CNN pic.twitter.com/PTVSe0lOFY
When 70% of the population that are killed are women and children, when the population is starved of food, of water, of medicine, when you have attacks, repeated attacks on all the hospitals, the clinics, the aid distribution sites, the humanitarian aid agencies that tried to help, more [United Nations] workers have been killed in Gaza than in U.N.’s history. When you have over 900 families that have been exterminated, that have been taken off of the civil registry, killed, when you have over 17,000 children that have lost one or both parents, when you have bakeries, aid distribution sites, churches, mosques, schools, and in the last three days—in the last 24 hours in fact—a hospital today that was bombed, as you just reported, the hospital where I personally was working, and I can tell you, they are working every second of every day to try and sustain life.
“And so it’s really hard to hear it over and over and over again, framed in the way that it’s being framed in the media, which, frankly, Kate, is very misleading,” Haj-Hassan said. “It is very misleading. Three hundred and sixty-five days of this. Death tolls that are so far outdated we have… no idea how many people are killed.”
“But I am… genuinely afraid about what we’re going to find out when the dust settles. History books will be written on this,” she added. “And countries will have to reckon—media agencies will have to reckon—with their major role in the genocide of an entire population and in the destruction of humanitarian law and rule of order.”
Some observers noted the absence of voices like Haj-Hassan’s in U.S. mainstream media coverage of Gaza, which is overwhelmingly pro-Israel and almost never airs the word “genocide”—even as Israel is on trial for the crime at the International Court of Justice (ICJ).
The New York Times, for example, ordered journalists covering the war in Gaza to eschew terms including “genocide,” “ethnic cleansing,” and even “occupied territory,” even though Israel has indisputably occupied Palestine for over half a century and the ICJ recently ruled that the Israeli occupation is a crime of apartheid that must end immediately.
“The media may be forgiven for missing a carefully hidden story. For missing some details,” Quincy Institute for Responsible Statecraft executive vice president Trita Parsi said Friday on social media. “But when a genocide is there for everyone to see and you help conceal it, forgiveness is not in the cards.”
Another social media user offered mild praise for Bolduan—who has been criticized by Israel supporters for previous interviews in which Palestine defenders accused Israel of genocide—writing that the anchor “didn’t seem happy” to hear what Haj-Hassan was saying.
“Hard to say whether it was because the truth is so horrible or because CNN doesn’t want to report that truth—but she did let her say it,” the user said of Bolduan.
Allegations of Israeli genocide remain highly contentious—even taboo—in the United States, which provides the key Mideast ally with tens of billions of dollars in military aid and diplomatic cover including multiple vetoes of United Nations Security Council cease-fire resolutions that were overwhelmingly supported by other countries.
In the United States, Palestinians, Palestinian Americans, and human rights groups are asking the 9th U.S. Circuit Court of Appeals to revisit a lawsuit they filed accusing President Joe Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin of complicity in the Gaza genocide.
In July, a three-judge panel of the federal court dismissed the lawsuit, in which the U.S. District Court for the Northern District of California previously found that “the current treatment of the Palestinians in the Gaza Strip by the Israeli military may plausibly constitute a genocide in violation of international law,” but dismissed the case on jurisdictional grounds.
Protesters displayed the message, “Biden complicit in genocide” outside a courtroom in Oakland, California on January 26, 2024. (Photo: @ashoswai/Twitter)
“We turned to the law to help stop the horror, and the court chose to do nothing,” said one plaintiff in the case. “We are beyond disappointed.”
Palestine defenders on Tuesday decried a U.S. federal appellate panel’s dismissal of a case brought by Palestinians accusing senior Biden administration officials of failing to prevent and complicity in Israeli genocide in Gaza.
A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco affirmed a lower court’s dismissal of the lawsuit against President Joe Biden, Secretary of State Antony Blinken, and Defense Secretary Lloyd Austin, which was led by the Center for Constitutional Rights (CCR) on behalf of several Palestinian groups and individuals.
During a Tuesday interview on Democracy Now!, CCR attorney Katherine Gallagher—who represented plaintiffs in the case—said its dismissal “essentially gives the blank check to carry out any kind of conduct that the executive wants in times of genocide, in times of war.”
US Court affirms that #Genocide is a permitted foreign policy choice for the @POTUS.
Hiding behind the Political Question Doctrine, the Court has alarmingly abdicated its role to serve as a check on the Executive, even when it's failing to prevent and is complicit in #Genocide. https://t.co/o7y2qihbgj
— Ahmed Abofoul | أحمد أبو فول (@AhmedAbofoul) July 16, 2024
Gallagher’s interview followed a Monday statement in which she referred to the recent U.S. Supreme Court ruling granting the president “absolute immunity” for “official acts.”
“On the heels of Trump v. United States, this stunning abdication of the court’s role to serve as a check on the executive even in the face of its support for genocide should set off alarm bells for all,” she said.
The lawsuit—originally filed in November in the U.S. District Court for the Northern District of California in Oakland—sought to stop the Biden administration from aiding Israel’s bombardment of Gaza. U.S. weapons have played a critical role in Israel’s war, which Palestinian and international agencies say has killed, wounded, or left missing more than 137,500 Gazans.
While the court found that “the current treatment of the Palestinians in the Gaza Strip by the Israeli military may plausibly constitute a genocide in violation of international law,” it dismissed the case on jurisdictional grounds in late January. The 9th Circuit subsequently granted an expedited appeal in the case, which was heard in June.
“This decision is mind-boggling and, frankly, scary,” plaintiff Waeil Elbhassi said in a statement Monday. “It is just unfathomable, while we count our dead, witness the total obliteration of Gaza—aided by our own government.”
“As the death toll keeps rising and we see nonstop images of carnage during this livestreamed genocide, the court washes its hands of our case,” Elbhassi added. “We turned to the law to help stop the horror, and the court chose to do nothing. We are beyond disappointed. We have no choice but to continue to fight for our people. Our very existence is at stake.”
Israel’s conduct in Gaza—including alleged forced starvation that has fueled deadly famine in parts of the besieged strip—is under investigation by the International Court of Justice in a genocide case brought by South Africa.
Additionally, International Criminal Court Chief Prosecutor Karim Khan has applied for warrants to arrest Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders for crimes including extermination allegedly committed on and after October 7.
