ICC Referral Calls for Investigation of Biden, Blinken, and Austin Over Gaza War Crimes

The Hague (Quds News Network)- Democracy for the Arab World Now (DAWN) has submitted a historic referral to the International Criminal Court (ICC), urging an investigation into former US President Joe Biden, former Secretary of State Antony Blinken, and former Secretary of Defense Lloyd Austin. The group filed the ICC referral against them over complicity in Israeli war crimes and crimes against humanity in Gaza.

DAWN has announced that it submitted a 172-page document to ICC Prosecutor Karim Khan. It details how these officials provided military, political, and public support to Israel, facilitating crimes in Gaza. This support included $17.9 billion in weapons transfers, intelligence sharing, targeting assistance, and diplomatic protection.

“There are solid grounds to investigate Biden, Blinken, and Austin for complicity in Israel’s crimes,” said Reed Brody, DAWN board member and war crimes lawyer. “The bombs dropped on Palestinian hospitals, schools, and homes are American bombs, backed by American support. US officials knew what was happening, yet they never stopped their aid.”

DAWN’s communication argues that Biden, Blinken, and Austin violated Articles 25(3)(c) and (d) of the Rome Statute by aiding and abetting Israeli crimes. These crimes include war crimes such as starvation and attacks on civilians, as well as crimes against humanity like murder and persecution. The submission also includes involvement in genocide.

Sarah Leah Whitson, DAWN’s Executive Director, condemned the US officials’ actions. “They ignored overwhelming evidence of Israel’s crimes, overruled staff recommendations to halt weapons transfers, and doubled down on unconditional support. They ensured Israel could continue its atrocities.”

Earlier this month, US President Donald Trump issued an executive order imposing sanctions on ICC officials to punish them for investigating Israeli officials. A week later, the US Treasury sanctioned ICC Prosecutor Karim Khan. DAWN argues that this order could expose Trump to charges of obstruction of justice under Article 70 of the Rome Statute. Trump has also proposed a plan to forcibly displace all native Palestinians from Gaza, which could constitute a war crime and crime of aggression.

“Trump isn’t just obstructing justice; he’s trying to burn down the courthouse to prevent accountability,” said Raed Jarrar, DAWN’s advocacy director. “His forced displacement plan should also be investigated.”

DAWN’s submission provides extensive evidence of how Biden, Blinken, and Austin supported Israeli crimes. It documents arms transfers, intelligence sharing, and diplomatic maneuvers at the United Nations to shield Israel. It also examines Biden’s direct involvement. He bypassed congressional review to approve weapons sales, ordered intelligence cooperation with Israel, and vetoed ceasefire resolutions at the UN. These actions contributed to starvation-related crimes by depriving Palestinians of humanitarian aid, according to DAWN.

The United States, like Israel, is not an ICC member, but the court has jurisdiction over crimes committed in Palestine. ICC rules allow prosecution of individuals from non-member states if crimes occur in ICC member territories. Palestine joined the ICC in 2015, granting the court jurisdiction over crimes committed there.

On November 21, 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over the genocide in Gaza. These include targeting civilians, starvation, and persecution. The court’s investigation into crimes in Palestine has been ongoing since 2021.