A US-based non-governmental organization (NGO) has formally requested that the International Criminal Court (ICC) investigate former US President Joe Biden, along with his top officials, for alleged complicity in war crimes committed by Israel in Gaza. Democracy for the Arab World Now (DAWN) filed the request with ICC prosecutor Karim Khan last month, citing the Biden administration’s active support for Israel’s military campaign.

According to DAWN’s press release on February 24, the NGO’s 172-page submission lays out a legal framework arguing that Biden, along with his former Secretary of State Antony Blinken and former Defense Secretary Lloyd Austin, made “deliberate and purposeful decisions” to facilitate Israeli actions in Gaza. The group claims that the trio provided military aid, diplomatic cover, and political backing, making them complicit in crimes against humanity.

“There are solid grounds to investigate Joe Biden, Antony Blinken, and Lloyd Austin for complicity in Israel’s crimes,” said DAWN board member and war crimes lawyer Reed Brody. He emphasized that US-supplied bombs were directly responsible for the destruction of Palestinian hospitals, schools, and residential areas. “The campaign of murder and persecution has been carried out with American support,” Brody added.

Israel’s military operation in Gaza, which began in response to the October 7 Hamas-led attack on Israel, has resulted in catastrophic devastation. According to Hamas-run local health authorities, more than 48,000 Palestinians have been killed, with tens of thousands more injured. The United Nations, European Union, and the World Bank estimate that Gaza’s reconstruction will require at least $53 billion over the next decade.

Despite growing international condemnation, the Biden administration has continued supplying Israel with advanced weaponry, including bombs and precision-guided munitions. Washington has also blocked multiple UN Security Council resolutions calling for an immediate ceasefire. Critics argue that this unwavering support makes the US administration directly responsible for the humanitarian catastrophe unfolding in the besieged enclave.

Last year, ICC prosecutor Karim Khan announced that he had secured arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and three senior Hamas leaders. The charges include war crimes and crimes against humanity.

In response to the ICC’s move, current US President Donald Trump imposed sanctions on the Hague-based tribunal and on Karim Khan himself, denouncing the investigation as an overreach. Trump’s administration has long maintained that the ICC has no jurisdiction over Israel or the US, as neither country is a signatory to the Rome Statute. The US also argues that the court’s actions could set a dangerous precedent, potentially exposing American and Israeli officials to politically motivated prosecutions.

Interestingly, DAWN’s submission also raises the possibility that Trump himself could be held accountable under the Rome Statute. The NGO pointed out that Trump’s decision to sanction the ICC and its prosecutor could be interpreted as obstruction of justice.

Furthermore, Trump’s proposal to forcibly relocate Palestinians from Gaza and repurpose the enclave for development has drawn condemnation from international legal experts. In early February, Trump suggested that the US “take over Gaza,” rebuild it, and relocate its Palestinian population to neighboring Arab states. The proposal was met with fierce rejection from Arab nations, and DAWN argues that such a plan could amount to forced population transfer-a war crime under international law.

While Trump has since walked back on the idea, clarifying that he is merely offering a recommendation rather than enforcing a policy, DAWN believes that his statements could still subject him to individual liability under international humanitarian law.

Despite DAWN’s request, the likelihood of the ICC pursuing an investigation into Biden, Blinken, or Austin remains uncertain. The ICC has historically faced significant political pressure when attempting to hold powerful states accountable. The US, in particular, has a long history of rejecting the court’s authority. In 2020, the Trump administration even sanctioned ICC officials who were investigating alleged US war crimes in Afghanistan.

Additionally, the ICC faces practical challenges in enforcing arrest warrants against non-signatory states. Even if the court issues indictments against US officials, it would rely on third-party nations to execute them-an unlikely scenario given the US’s global influence.

Despite these obstacles, DAWN’s petition adds to a growing chorus of voices calling for accountability over the Gaza conflict. Human rights organizations, legal experts, and international activists have criticized Western complicity in Israel’s military operations. The UN has repeatedly warned that actions taken by Israel in Gaza, with US support, may constitute war crimes.

While Biden’s administration has sought to portray itself as a mediator, its continued military aid to Israel undermines these claims. As the humanitarian crisis in Gaza deepens, pressure on the ICC to expand its investigation beyond Israeli and Hamas leaders to their foreign backers is likely to intensify.

The ICC has long been seen as a court that prosecutes leaders from weaker nations while avoiding confrontations with powerful states. The DAWN petition represents a test for the court’s willingness to apply international law equally. While an investigation into Biden and his officials remains unlikely due to political constraints, the push for accountability is growing.

As the situation in Gaza continues to deteriorate, the debate over US complicity in Israel’s actions is unlikely to fade. Whether the ICC acts or not, the allegations against Biden, Blinken, and Austin have placed the US government’s role in the conflict under increasing global scrutiny. The broader question remains: will international law hold all perpetrators accountable, or will it continue to selectively enforce justice?

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