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"The government is violating the constitutional rights of American citizens in order to shield officials of a foreign government who have committed a genocide."
A pair of advocacy organizations on Wednesday sued President Donald Trump and top members of his administration over sanctions targeting the International Criminal Court and its supporters, arguing the punitive measures violate the First Amendment of the US Constitution and illegally "muzzle Palestine advocacy."
The lawsuit, filed in federal court in Manhattan by Democracy for the Arab World Now (DAWN) and the Taxpayer Alliance Against Genocide (TAAG), contends that Trump's Executive Order 14203 unlawfully restricts Americans' ability to seek "justice on Palestine at the ICC" and work with human rights organizations sanctioned "solely for calling on the ICC to investigate Israeli and American nationals."
"The Trump administration is using the blunt instrument of economic sanctions not only to punish human rights defenders but to police the political expression of millions of Americans," said Omar Shakir, executive director of DAWN. "The government is violating the constitutional rights of American citizens in order to shield officials of a foreign government who have committed a genocide."
DAWN notes that, under Trump's February 2025 executive order, the administration has sanctioned ICC officials "as well as leading Palestinian human rights groups al-Haq, al-Mezan, and the Palestinian Center for Human Rights (PCHR)," as well as Francesca Albanese, the United Nations' special rapporteur for the human rights in the occupied Palestinian territories.
Trump's order authorizes sanctions against "any foreign person" deemed to have "materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of," ICC efforts to "investigate, arrest, detain, or prosecute" Americans or officials from allied nations, such as Israel.
The organizations behind the new lawsuit explain that "because the government can interpret the term 'service' to encompass anything that confers a benefit on the recipient, groups like DAWN and TAAG could face civil and criminal charges if they engage in routine advocacy with the sanctioned parties—for example, filing a brief with the ICC encouraging it to investigate possible crimes, sharing evidence or advocacy ideas with Palestinian human rights groups or Ms. Albanese, or working with them on a campaign to lift the sanctions."
“The chilling effect on plaintiffs has been profound,” the lawsuit states. “They now face prison terms and ruinous fines if, in their interactions with the designated parties, they provide or receive anything that defendants could plausibly characterize as a ‘service’—an extraordinarily capacious term that potentially reaches any act that confers a benefit on its recipient. Fearing liability, plaintiffs—and countless others like them—have turned to self-censorship.”
Tarik Kanaana, president of TAAG, said that "with this executive order, Trump has put himself and those in the U.S. government above the law, shielding them from any accountability for their roles in the genocide in Palestine and Lebanon and for war crimes around the globe funded by US taxpayers."
"As US taxpayers, we have the right to hold our government accountable for how it uses this public resource," said Kanaana. "That right cannot be taken away."
The lawsuit comes days after the US State Department launched a sweeping broadside against the ICC, an independent tribunal based in The Hague that investigates and prosecutes individuals for war crimes, crimes against humanity, and other atrocities. In late 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant, for alleged war crimes committed in Gaza.
US Secretary of State Marco Rubio, one of the Trump administration officials named as a plaintiff in the new lawsuit, vowed on Monday to "dismantle" the ICC with increasingly aggressive sanctions against the court and its supporters and international pressure. (Neither the US nor Israel are party to the Rome Statute, which established the ICC.)
Agnès Callamard, Amnesty International's secretary-general, warned in a statement on Tuesday that if nations fail to fight back against the US assault on the ICC, "they will acquiesce to a new era of lawlessness, impunity, and rampant injustice."
"Now is not the time to appease. Now is the time to resist," said Callamard. "For the good of humanity, victims’ hopes of justice, and the prospect of lasting global security, the international community must come together, stand up to the bullies in the White House and State Department and protect the international rule of law. We must not accept a reality where the most powerful have the least legal responsibility.”
"No legal framework, international or domestic, can justify this."
A leading human rights group on Monday urged the United Nations General Assembly to declare the unprovoked US-Israeli assault on Iran—which has already killed more than 500 people in just three days, including many children—a "war of aggression."
In a letter sent to the permanent missions of all UN member states in New York City, Democracy for the Arab World Now (DAWN) "called on governments to formally request an emergency special session of the UN General Assembly to declare the assault a war of aggression in violation of the UN Charter and to demand the immediate cessation of all hostilities."
"The [UN] Security Council is unable to make that determination because the United States, as a permanent member and a party to the conflict, will veto any resolution," DAWN explained. "The General Assembly should act in its place."
DAWN's call came as the death toll from three days of US-Israeli bombardment of cities, towns, and sites throughout Iran rose to at least 555, according to the Iranian Red Crescent Society. Multiple massacres—including a bombing of a girls' school in Minab that officials said killed at least 180 people, many of them students—have been reported.
"The United States has initiated a war of aggression, which UN General Assembly Resolution 3314 defines as 'a crime against international peace' and which the Nuremberg Tribunal—established by the United States itself—called 'the supreme international crime,'" the group noted.
DAWN continued:
The US and Israeli decision to go to war violates the foundations of jus ad bellum, the body of international law governing when a state may lawfully use force against another. Under UN Charter Article 2(4), all member states are prohibited from using force against the territorial integrity or political independence of another state. There are only two explicit exceptions: self-defense under Article 51, or authorization by the UN Security Council under Chapter VII. Neither applies here. Article 51 permits self-defense only "if an armed attack occurs," and Iran had not attacked the United States. Even under the doctrine of anticipatory self-defense, the war is unlawful.
"No legal framework, international or domestic, can justify this US-Israeli war of aggression against Iran," DAWN executive director Omar Shakir said in a statement. "This war is patently illegal, and it must be stopped."
DAWN's call came on the same day that US First Lady Melania Trump chaired a UN Security Council meeting about the role of education in "advancing tolerance and world peace."
Just to be clear, sending his wife Melania to preside over the United Nations Security Council is a display of contempt for the UN by Trump.During his first term, Trump similarly sent his daughter Ivanka to multiple United Nations General Assembly sessions.
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— Leah McElrath (@leahmcelrath.bsky.social) March 2, 2026 at 1:02 PM
"We've become the laughingstock of the entire world," lamented the social media group Occupy Democrats. "This is an unprecedented appearance by an American first dady and yet another sign that [President] Donald Trump prizes loyalty and proximity to himself over competence."
"In fact, this is the first time that the spouse of ANY world leader has been allowed to take the president's seat on the Security Council," Occupy Democrats added. "It sends a clear signal to the world that the United States is now little more than a nepotistic, tin-pot dictatorship."
DAWN also sent a letter to members of Congress urging them to pass a pair of war powers resolutions that would bar US forces from waging an unconstitutional war on Iran. H.Con.Res.38 and S.J.Res.59—introduced last year respectively by Rep. Thomas Massie (R-Ky.) and Sen. Tim Kaine (D-Va.)—would direct Trump to withdraw US forces from unconstitutional attacks on Iran.
"The question before Congress is not whether to authorize this war retroactively," the letter states. "Given that... this war has been illegal under US domestic law from the moment it began... the question before you is whether to end it now, and Congress has the power to do so."
"Trump must act immediately to suspend all military support to Israel and stop allowing U.S. arms to fuel war crimes, mass civilian death, and regional collapse," said one critic.
Progressive U.S. lawmakers and human rights defenders demanded an end to unconditional American armed and diplomatic support for Israel after it launched a series of attacks on Iran early Friday, reportedly killing senior military officials and civilians including nuclear scientists, women, and children in a dramatic escalation that Iranian leaders vowed to avenge.
Israeli forces carried out at least five waves of airstrikes targeting not only Iran's nuclear facilities but also its military leadership and capabilities, Al Jazeera reported. In addition to airstrikes, Israeli and international media reported that operatives from Mossad, Israel's foreign spy agency, also conducted assassination and sabotage attacks in Iran.
The Israel Defense Forces (IDF) claimed that Islamic Revolutionary Guard Corps (IRGC) Commander-in-Chief Major Gen. Hossein Salami and Iranian Armed Forces Chief of Staff Major Gen. Mohammad Bagheri were assassinated, as were numerous Iranian nuclear scientists.
IDF attacks targeted cities including the capital Tehran, Natanz, Isfahan, Arak, Tabriz, and Kermanshah. Iranian television reports showed bombed-out apartment towers and said that an unknown number of civilians including women and children were killed in the strikes.
The attack on Natanz—home to Iran's primary nuclear enrichment facility—sparked fears of radiological contamination.
Israeli Prime Minister Benjamin Netanyahu called the attack—dubbed Operation Rising Lion—a "preemptive strike," a dubious form of warfare previously waged by forces including imperial Japan during the bombing of Pearl Harbor and the George W. Bush administration in Iraq.
Israeli President Isaac Herzog said the attacks were meant to "neutralize an immediate and existential threat to our people," an apparent reference to Iran's nuclear program. Successive U.S. administrations including President Donald Trump's have concluded for decades that Iran is not trying to develop nuclear weapons.
During his first term, Trump unilaterally abrogated the Joint Comprehensive Plan of Action, also known as the Iran nuclear deal.
Last year, Israel and Iran carried out limited tit-for-tat attacks following the former's assassination of Hassan Nasrallah, who led the Lebanon-based resistance group Hezbollah, and Hamas leader Ismail Haniyeh.
This time, Iranian leaders vowed "severe punishment," with fears that the U.S. could be targeted due to its staunch support for Israel as it wages what the international community increasingly views as a genocidal war on Gaza. While U.S. Secretary of State Marco Rubio claimed that his country was not involved in the attacks, Israeli officials insisted there was close coordination with the Trump administration.
Iranian Supreme Leader Ayatollah Seyyed Ali Khamenei said Friday that "in the early hours of today, the Zionist regime extended its filthy and bloodstained hand to commit a crime in our beloved country, exposing its vile nature more than ever by targeting residential areas."
"With this crime, the Zionist regime has prepared a bitter and painful fate for itself—and it will undoubtedly face it," Khamenei added.
As the world braced for Iran's response to the attacks, U.S. progressives called for a diplomatic solution and an end to American support for Israel.
"The Israeli government bombing Iran is a dangerous escalation that could lead to regional war," Congresswoman Rashida Tlaib (D-Mich.) said on social media.
Tlaib asserted that Netanyahu, who is wanted by the International Criminal Court for alleged war crimes and crimes against humanity in Gaza and is facing a domestic criminal corruption trial, "will do anything to maintain his grip on power."
"We cannot let him drag our country into a war with Iran," she added. "Our government must stop funding and supporting this rogue genocidal regime."
Referring to negotiations on a new Iran nuclear deal, Congresswoman Ilhan Omar (D-Minn.) said: "Just as talks with Iran were set to resume, Netanyahu launches a strike and declares a state of emergency. He is provoking a war Americans don't want."
"We should not allow ourselves to be dragged into yet another conflict, against our will, by a foreign leader pursuing his own agenda of death and destruction," Omar added.
The U.S.-based peace group CodePink—some of whose members held an emergency protest outside the White House in Washington, D.C.—said that it "strongly condemn[s] Israel's unprovoked and reckless attack on Iran, which risks igniting a catastrophic regional war."
"This dangerous escalation threatens millions of lives across the entire Middle East," the group added. "The U.S. must not continue to support and enable this illegal act of aggression."
CodePink co-founder Medea Benjamin said: "It's horrific that Israel is bombing yet another country. And Trump calls himself a peace president? He knew this was coming and stood by. This is entirely out of step with the will of the American people."
"The whole world is desperate for peace in the Middle East, and instead, Israel decides to move the region closer to World War III," Benjamin added.
Noting that nuclear talks with Iran were set to resume this weekend, the National Iranian American Council (NIAC) said that "this is an attack on peace and diplomacy."
"Israeli political officials have demonstrated that U.S. diplomacy and a peaceful resolution with Iran is what they consider to be the true threats," NIAC asserted.
"This much is clear: This is a war of choice, and an illegal and unprovoked attack," NIAC added. "Trump must weigh in to stop this conflict before it spirals out of control, and to preserve the chance of maintaining diplomatic offramps."
Michael Schaeffer Omer-Man, Israel-Palestine director at the advocacy group Democracy for the Arab World Now (DAWN), contended that "Israel deciding to launch a war against Iran at the very same time it faces unprecedented international isolation and pressure over its genocide in Gaza is a nightmarish outcome of impunity."
DAWN executive director Sarah Leah Whitson said that "Israel has committed an unlawful, unprovoked attack on Iran to undermine the growing global efforts to sanction it for its illegal occupation and to disrupt Trump's efforts to independently pursue America’s interests via diplomacy."
Nihad Awad, national executive director at the Council on American Islamic Relations, issued the following statement:
We condemn Israel's offensive strike on Iran and the broader pattern of aggression it represents. Netanyahu is using American weapons and taxpayer dollars to launch illegal and destabilizing wars across the region. President Trump must act immediately to suspend all military support to Israel and stop allowing U.S. arms to fuel war crimes, mass civilian death, and regional collapse. Secretary Rubio's statement confirms what we already knew—Israel is acting recklessly, and the U.S. is letting it happen.
CodePink noted that "in the past month and a half alone, Israel has bombed Palestine, Lebanon, Syria, Yemen, and Iran."
"There is no other choice," the group added, "ARMS EMBARGO NOW!"
A veteran war crimes lawyer argues that "there are solid grounds to investigate Joe Biden, Antony Blinken, and Lloyd Austin for complicity in Israel's crimes."
A human rights group revealed Monday that on the last full day of U.S. President Joe Biden's term, it encouraged the International Criminal Court to investigate him and two of his Cabinet members for "aiding and abetting" Israeli war crimes and crimes against humanity in the Gaza Strip.
U.S.-based Democracy for the Arab World Now (DAWN) announced that on January 19, it submitted to the ICC Prosecutor Karim Khan a 172-page communication detailing why the tribunal should probe Biden and his former secretaries of defense and state, Lloyd Austin and Anthony Blinken.
Although a fragile cease-fire took effect in Gaza last month, Israel—backed by the Biden administration and Congress—responded to the Hamas-led October 7, 2023 attack with a 15-month blockade and military assault that killed tens of thousands, possibly hundreds of thousands, of Palestinians and left the territory in ruins.
"There are solid grounds to investigate Joe Biden, Antony Blinken and Lloyd Austin for complicity in Israel's crimes," DAWN board member and veteran war crimes lawyer Reed Brody said in a Monday statement. "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. U.S. officials have been aware of exactly what Israel is doing, and yet their support never stopped."
"By investigating and prosecuting U.S. officials, the ICC can deter and discourage further international support for Israeli crimes in Gaza and demonstrate that no one is above the law."
DAWN's document lays out how the United States, under Biden, "provided unwavering direct military and political support to Israel, even after it became manifest that Israel continued to carry out severe violations of international humanitarian law and human rights." That includes at least $17.9 billion in taxpayer-funded military assistance since October 2023, a 381% increase from the around $3.8 billion a year before Hamas' attack.
"In addition to new arms transfers and sales authorizations, the U.S. used pre-existing contracts and additional emergency military aid measures to expedite the delivery of major arms," the submission continues, also noting "the deployment of U.S.-operated military intelligence and active military operations targeting groups posing threats to Israel on other fronts."
Israel—like the United States—is not a party to the Hague-based ICC, but Palestine is. The court in November issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas leader Mohammed Diab Ibrahim Al-Masri, also known as Mohammed Deif, who is dead.
DAWN's submission makes the case that "by continuously and unconditionally providing political support and military
support to Israel while being fully aware of the specific crimes committed by Netanyahu, Gallant, and their subordinates, President Biden, Secretary Blinken, and Secretary Austin contributed intentionally to the commission of those crimes while at least knowing the intention of the group to commit the Israeli crimes, if not aiming of furthering such criminal activity."
The group's executive director, Sarah Leah Whitson, said Monday that "not only did Biden, Blinken, and Secretary 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."
"They provided Israel with not only essential military support but equally essential political support by vetoing multiple cease-fire resolutions at the U.N. Security Council to ensure Israel could continue its crimes," Whitson highlighted. She argued that "by investigating and prosecuting U.S. officials, the ICC can deter and discourage further international support for Israeli crimes in Gaza and demonstrate that no one is above the law."
DAWN also recommended that the ICC consider looking into half a dozen other Biden officials including Jake Sullivan, national security adviser; Gina Raimondo, secretary of commerce; Bonnie Jenkins, under secretary of arms control and international security; Stanley L. Brown, acting assistant secretary for the Bureau of Political-Military Affairs; Amanda Dory, acting under secretary of defense for policy; and Mike Miller, acting director of the Defense Security Cooperation Agency.
"It is important for the international community, and Palestinians in particular, to know that the American people do not support the crimes their elected officials committed in Palestine and that American organizations are doing their part to hold these officials accountable," said Whitson. "We have a duty, not just a right, as American civil society, to exercise our free speech to serve truth and seek justice."
So far, efforts to hold Biden and other U.S. leaders accountable for enabling what many experts around the world have called Israel's genocidal assault on Gaza via the U.S. court system have been unsuccessful. That includes a December lawsuit against Blinken backed by DAWN—which was founded by assassinated Saudi journalist Jamal Khashoggi.
"We have tried every available avenue within the U.S. to stop our government's complicity in the outrageous crimes we've witnessed since October 2023 in Gaza," said Raed Jarrar, DAWN's advocacy director. "When domestic institutions fail to uphold black-letter laws prohibiting military support to commit war crimes, we have a particular responsibility as Americans to hold American officials accountable for their roles in those crimes."
Since Biden left office last month, U.S. President Donald Trump has already welcomed Netanyahu to the White House, responded to the warrants by targeting the ICC with sanctions, and promoted a U.S. takeover of Gaza that would involve ethnically cleansing the territory of Palestinians.
"Trump isn't just obstructing justice; he's trying to burn down the courthouse to prevent anyone from holding Israeli criminals accountable," said Jarrar. "His plan to forcibly displace all Palestinians from Gaza should also merit ICC investigation—not just for aiding and abetting Israeli crimes but for ordering forcible transfer, a crime against humanity under the Rome Statute."
"This lawsuit demands one thing and one thing only: for the State Department to obey the law requiring a ban on assistance to abusive Israeli security forces," said one advocate.
Palestinians and Palestinian Americans on Tuesday filed a lawsuit accusing the U.S. State Department of creating a "loophole" allowing Israel to skirt federal legislation barring American military aid to foreign militaries that violate human rights law.
The lawsuit, which was filed by five individuals and supported by the group Democracy for the Arab World Now (DAWN), accuses the State Department and Secretary of State Antony Blinken of violating the Leahy Law, legislation passed in two parts in the late 1990s that built on the Foreign Assistance Act of 1961's proscription of U.S. military aid to foreign security forces that commit gross human rights violations.
According to DAWN, the suit "documents how the State Department has created unique, insurmountable processes to evade the Leahy Law requirement to sanction abusive Israeli units, despite overwhelming evidence of their human rights violations" including "torture, prolonged detention without charge, forced disappearance, and flagrant denials of the right to life, liberty, and security, such as genocide, indiscriminate and deliberate killings, and deprivation of items essential to survival, including food, water, fuel, and medicine."
Case plaintiff Ahmed Moor, a Palestinian American from the southern Gazan city of Rafah who has lost numerous relatives in Israeli attacks, told Zeteo's Prem Thakker, "I'm hoping, through this action, through this lawsuit, that we can just call out the federal government to begin to enforce American laws."
The State Department has sparked international outrage by repeatedly finding that Israel is using U.S.-supplied arms in compliance with domestic human rights law, citing the key ally's right to defend itself and the October 7, 2023 Hamas-led attack. However, Israel's 438-day retaliation has left more than 162,000 Palestinians dead, wounded, or missing in Gaza and millions more forcibly displaced, starved, or sickened. Thousands more have been killed or maimed in the West Bank.
South Africa is leading a genocide case against Israel at the International Court of Justice. Last month, the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant, his former defense minister, for alleged war crimes and crimes against humanity.
Both men have been warmly welcomed in Washington, D.C.. Congress and the Biden administration have approved tens of billions of dollars in arms transfers to Israel. U.S.-supplied bombs have been used in some of Israel's most notorious airstrikes. The U.S. has also vetoed numerous United Nations Security Council resolutions demanding a Gaza cease-fire.
Today, the White House welcomed Yoav Gallant, charged by the ICC with the war crimes of starvation as a method of warfare and intentionally directing an attack against the civilian population, as well as the crimes against humanity of murder, persecution, and other inhumane acts. What a disgrace.
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— Adil Haque ( @adhaque.bsky.social) December 10, 2024 at 12:21 PM
"This lawsuit demands one thing and one thing only: for the State Department to obey the law requiring a ban on assistance to abusive Israeli security forces," DAWN executive director Sarah Leah Whitson said in a statement on Tuesday. "For too long, the State Department has acted as if there's an 'Israel exemption' from the Leahy Law, despite the fact that Congress required it to apply the law to every country in the world. As a result, millions of Palestinians have suffered unimaginable, horrific abuses by Israeli forces using U.S. weapons."
Stephen Rickard, a former U.S. official who helped pass the landmark legislation, said that "long-standing concerns that the State Department was not cutting off aid to specific Israel units as required by the Leahy Law... have been given dramatic urgency by the tragic ongoing crisis in Gaza."
"If the State Department will not comply with the law, then it is time for the courts to vindicate the rule of law and order it to do so," Rickard added.
The new lawsuit came a day after relatives of Ayşenur Ezgi Eygi—the Turkish American woman who, according to witnesses, was deliberately shot in the head while peacefully protesting the expansion of Israel's illegal settlements in the occupied West Bank in September—met with Blinken in search of justice and accountability for the activist's killing.
Referring to another American activist killed by Israeli forces while defending Palestinian homes, Hamid Ali, Eygi's widower, said that Blinken "was attentive in listening to us, but unfortunately repeated a lot of the same things that we've been hearing for the past 20 years, particularly since Rachel Corrie's killing."
Ali called Blinken "very deferential to the Israelis," adding that "it felt like he was saying his hands were tied and they weren't able to really do much."
A journalist asked State Department spokesperson Matthew Miller during a Tuesday press conference why the U.S. has not suspended arms transfers to Israel by invoking the Leahy Law and citing the cases of victims like Eygi or Shireen Abu Akleh—the Palestinian American Al Jazeera correspondent who, according to witnesses and several independent probes, was deliberately shot dead by an Israeli sniper in the West Bank in May 2022.
"We have taken those cases extremely seriously," Miller claimed. Referring to Eygi, he added that he made it clear to Israel that "her death was unacceptable, that it should have been avoided, it should have never happened in the first place, that we want to see the results of their investigation, and we want to see them change their rules of engagement."
In October, Blinken and Defense Secretary Lloyd Austin threatened to cut off weapons to Israel if it did not dramatically improve human rights conditions in Gaza within 30 days. Thirty days came and went with no discernible improvements, yet the arms flow continued.
On Tuesday, 20 progressive lawmakers in the U.S. House of Representatives led by Reps. Summer Lee (D-Pa.) and Greg Casar (D-Texas) sent Blinken and Austin a letter arguing that "the United States government must suspend offensive weapons" shipments to Israel due to its violation of federal and international law.
"U.S. law is clear: If the Netanyahu government does not allow sufficient food and medicine to enter Gaza, then the U.S. cannot send weapons," Casar wrote on social media.
"This will be the Biden administration's legacy: unconditional support for war crimes and complicity in genocide," said one group.
Human rights advocates around the world reacted angrily to Tuesday's U.S. State Department determination that Israel is not violating humanitarian law—even as its forces annihilate Gaza and block aid from entering the embattled Palestinian enclave.
Last month, the Biden administration—which has approved tens of billions of dollars in military aid for Israel and provided nearly unconditional diplomatic support since October 2023—sent a letter to the Israeli government threatening to cut off U.S. arms transfers if it failed to take "urgent and sustained actions" to improve humanitarian conditions in Gaza within 30 days.
Asked during a Tuesday press conference if the Israeli government has met the letter's demands, State Department spokesperson Vedant Patel said that "we have not made an assessment that they are in violation of U.S. law."
"The overall humanitarian situation in Gaza continues to be unsatisfactory," Patel continued. "But in the context of the letter, it's not about whether we find something satisfactory or not; it's what are the actions that we're seeing."
"These actions that we have seen, we think that these are steps in the right direction," he added, citing the limited reopening of the Erez border crossing between Gaza and Israel. "We want to see more steps. We want to see these steps sustained over a significant period of time, and ultimately, we want to see these steps have a result on the situation."
Patel insisted that the Biden administration is "not giving Israel a pass."
However, humanitarian aid groups accuse Israel of causing " apocalyptic" conditions in northern Gaza, where thousands of civilians including many women and children have been killed or wounded while others face imminent famine under a plan to starve out the population in order to ethnically cleanse the area.
On Tuesday, a coalition of eight international humanitarian groups including Oxfam International, CARE, Norwegian Refugee Council, Save the Children, and others published a report titled The Gaza Scorecard: Israel Fails to Comply With U.S. Humanitarian Access Demands in Gaza, which found that Israel has failed to fully comply with any of the 19 specific demands in the Biden administration's letter.
The scorecard noted:
The principals of the Inter-Agency Standing Committee now assess that "the entire Palestinian population in North Gaza is at imminent risk of dying from disease, famine, and violence." The findings of this scorecard underscore Israel's failure to comply with U.S. demands and international obligations. Israel should be held accountable for the end result of failing to ensure the adequate provision of food, medical, and other supplies to reach people in need.
"While Israel manipulates the U.S. by allowing some aid trucks into other parts of Gaza in the days leading up to the deadline, the performative act did not bring any humanitarian aid to the besieged northern neighborhoods of Gaza," said Raed Jarrar, advocacy director at Democracy for the Arab World Now (DAWN). "Even more concerning, no forcibly displaced Palestinian from the northern neighborhoods of Gaza has been allowed to return home."
Indeed, the IDF said it has "no intention of allowing the residents of the northern Gaza Strip to return to their homes."
At the same time, relief workers describe deadly dangers faced by Palestinians who try to flee besieged areas including the Jabalia refugee camp, site of some of the war's worst massacres, including indiscriminate Israeli targeting of refugees without regard for age or gender.
The International Court of Justice in The Hague is in the lengthy process of determining if Israel's atrocities amount to violations of the Genocide Convention. While it is weighing the evidence in the South Africa-led case, the ICJ has issued a series of provisional orders directing Israel to prevent genocidal acts, halt its assault on Rafah, and stop blocking humanitarian aid from entering Gaza. Critics accuse Israel of flouting all three orders.
"As a signatory to the Genocide Convention, the U.S. is obligated to prevent acts of genocide and to avoid complicity in them," DAWN stressed on Tuesday. "The U.S. should halt its military support for Israel to comply with its convention obligations and uphold international legal norms."
This is not the first time that the Biden administration has officially denied that Israel has violated humanitarian law during the Gaza war. In March, the State Department accepted Israel's assertion that the country is using U.S.-supplied arms in compliance with international law, even as more than 100,000 Palestinians had been killed or wounded in Gaza up to that date. The casualty figure has since increased by about 50%.
Congressional progressives and human rights groups pushed back on the Biden administration's claim. In April, a leaked memo revealed that officials at the United States Agency for International Development warned Secretary of State Antony Blinken that Israel was indeed breaking the law by blocking aid from entering Gaza. Another leaked State Department memo raised "serious concern" over Israeli noncompliance with humanitarian law and slammed Israel's claims of legal U.S. weapons use as "neither credible nor reliable."
Palestine advocates fear the Biden administration's refusal to suspend arms shipments to Israel—as experts argue is required under the Foreign Assistance Act of 1961 and Leahy Laws—will open the door for Republican President-elect Donald Trump to back Israeli crimes such as the annexation of Palestinian territories including the West Bank.
"By spending over a year ignoring U.S. law on supplying arms, the Biden administration has handed Trump an excuse to ignore any law he wants," Center for International Policy executive vice president Matt Duss said Tuesday on social media. "And they will have nothing to say about it."
Duss called the Biden administration's new determination "predictable, pathetic, and blatantly illegal."
"There will be another shipment of military weapons and planes that has to come before Congress to get an approval, and I will lead the effort to try to stop that," said Sen. Bernie Sanders.
Sen. Bernie Sanders pledged Thursday to introduce a resolution to block the Biden administration's proposed $20 billion sale of additional U.S. weaponry to Israel, telling an audience in his home state of Vermont that he will "lead the effort to make sure that we do not give any more arms to Israel unless there's a radical change in politics."
"There will be another shipment of military weapons and planes that has to come before Congress to get an approval, and I will lead the effort to try to stop that," Sanders told Vermonters gathered at the Brattleboro Senior Center for an annual event hosted by the Independent senator's office.
Sanders, who called in to the event, has been an outspoken opponent of the Biden administration's continued transfer of offensive weapons to the Israeli government, which has repeatedly used American arms to target Palestinian civilians and humanitarian aid operations in violation of both U.S. and international law.
BREAKING — @SenSanders has committed to introduce a Joint Resolution of Disapproval to block new $20B weapons sale to Israel. Activists secured this commitment at the senior center in Brattleboro, VT on Thursday. @NSC_Spox pic.twitter.com/8ovxQ1OKTo
— Action Corps (@theactioncorps) August 30, 2024
The U.S. State Department notified Congress on August 13 that it decided to approve the sale of dozens of F-15 fighter jets, tens of thousands of mortar shells, and other weaponry to Israel. Some of the military equipment isn't set to be delivered until 2026.
According to The New York Times, the Biden administration deliberately timed the notification for when both chambers of Congress were on recess in an effort to "avoid an ugly fight" over the sales.
Sanders' vow to introduce a resolution of disapproval could throw a wrench in the administration's plans for a smooth congressional review process.
As the advocacy group Democracy for the Arab World Now (DAWN) explained earlier this month, the "only mechanism available to Congress to prevent this sale from advancing is a Joint Resolution of Disapproval (JRD)."
While the Biden administration is likely to argue that the 15-day period for lawmakers to challenge the proposed sale has passed, DAWN observed that "the Senate parliamentarian has previously ruled that the Senate can consider these cases even after the 15-day clock has expired."
Sarah Leah Whitson, DAWN's executive director, applauded Sanders late Thursday for "challenging this reckless provision of weapons to Israel."
"The whole world can see that Israel has massacred over 40,000 Gazans with U.S. weapons and has no intention of stopping the carnage," Whitson wrote on social media. "Just over a week ago, DAWN urged the Senate to pause and question this massive weapons sale, which is fueling not only the genocide of Palestinians in Gaza but a wider regional war."
DAWN's leader slammed the department's "apparent failure to make progress on this investigation, which has fueled Israeli impunity, leading to the systematic and widespread killings of Palestinian journalists."
An advocacy group founded by an assassinated journalist demanded answers from the U.S. Department of Justice on Monday regarding its investigation of Israeli troops killing American Palestinian reporter Shireen Abu Akleh on May 11, 2022.
"Perhaps the DOJ thinks we will forget about the murder of Shireen Abu Akleh as well as the investigation it promised the American people two years ago, but we have not," said Sarah Leah Whitson, executive director of Democracy for the Arab World Now (DAWN), in a statement.
"The DOJ should take responsibility for its apparent failure to make progress on this investigation, which has fueled Israeli impunity, leading to the systematic and widespread killings of Palestinian journalists, at least 108 since Abu-Akleh's 2022 killing."
"Without an interim update on the investigation or a concluding report, it is hard to take seriously U.S. claims that it will vigorously investigate and hold accountable extrajudicial killings of American citizens."
Abu Akleh was fatally shot in the head by the Israel Defense Forces (IDF) while covering a raid on the Jenin refugee camp in the illegally occupied West Bank, according to firsthand accounts and various investigations that have been made public. The 51-year-old Al Jazeera journalist was wearing a blue press vest and helmet.
"A beloved and prominent figure in the region, Abu Akleh's killing not only led to prolonged unrest in the West Bank but also became emblematic of Israel's use of lethal force to intimidate and kill journalists," DAWN leaders wrote to U.S. Attorney General Merrick Garland, Deputy Attorney General Lisa Monaco, and Federal Bureau of Investigation Director Christopher Wray.
As the letter—signed by Whitson and Michael Schaeffer Omer-Man, DAWN's director of research for Israel-Palestine—detailed:
Since the launch of the DOJ investigation, you have not made any information available regarding the nature, scope, and timeline of the probe into the killing of an American citizen by a foreign army, despite prior comments by then State Department spokesperson Ned Price that "those responsible for Shireen's killing should be prosecuted to the fullest extent of the law." Regrettably, more recent statements coming from U.S. authorities imply that the administration has pushed the investigation to the wayside. At a news briefing on World Press Freedom Day, a State Department spokesperson insisted that Shireen's murder was "unintentional" despite credible reports to the contrary and noted that the U.S. had no further updates on the case.
Some critics have connected Abu Akleh's killing to what the Committee to Protect Journalists last year called a "deadly, decadeslong pattern" by the IDF—which, has slaughtered over 100 journalists and tens of thousands of other Palestinians in the Gaza Strip in Israeli forces' ongoing retaliation for a Hamas-led attack on Israel last October.
"The impunity that Israel has enjoyed for its attacks on the press, including for the murder of Abu Akleh, has made Israeli officials confident that they can kill as many Palestinian journalists as they want with no accountability," DAWN leadership wrote to the DOJ. "Israel's failure to identify the perpetrators, open a criminal investigation, and to cooperate with external investigations further compounds Israel's impunity in targeting journalists in the region."
The letter calls for the DOJ to provide a "timely response" to a series of questions about the department's investigatory steps, Israeli cooperation or lack thereof, and which specific U.S. criminal laws are being considered for the probe.
Schaeffer Omer-Man said that "without an interim update on the investigation or a concluding report, it is hard to take seriously U.S. claims that it will vigorously investigate and hold accountable extrajudicial killings of American citizens."
"The lack of communicable progress also adds to the grief felt by the Abu Akleh family, who filed a formal complaint with the ICC in May 2022 about Abu Akleh's killing by IDF forces," he added, referring to the International Criminal Court.
DAWN was founded by the late Jamal Khashoggi, a Saudi journalist and U.S. resident who—according to multiple investigations—was murdered at his home country's consulate in Istanbul, Turkey on October 2, 2018. As Common Dreams reported on the fifth anniversary of his assassination last year, human rights advocates continue to condemn the failure of international officials to hold accountable the people responsible for his death.
"The administration must work to defend our democracy fully, and ensure that no foreign state has a green light to inappropriately target American citizens or manipulate our democratic process."
Over two dozen organizations on Wednesday demanded that the Biden administration launch a multi-agency investigation into recent reporting that "the Israeli government is engaging in illicit social media influence operations targeting U.S. elected officials and U.S. civil society."
Pointing to June reports by The New York Times, Haaretz, and The Guardian, the groups—including the Center for International Policy, CodePink, Democracy for the Arab World Now (DAWN), National Iranian American Council (NIAC), U.S. Campaign for Palestinian Rights (USCPR) Action, and Win Without War—wrote to President Joe Biden and the departments of Homeland Security, Justice, and State.
As Israel began waging war on the Gaza Strip in retaliation for the Hamas-led October 7 attack, the country's Ministry of Diaspora Affairs "allocated about $2 million to the operation and hired Stoic, a political marketing firm in Tel Aviv, to carry it out," the Times reported June 5, citing related documents and unnamed Israeli officials.
"Unfortunately, what has been reported thus far could just be the tip of the iceberg."
Although the Israeli ministry denied involvement in the campaign and Stoic didn't respond to requests for comment, the newspaper noted that "at its peak, it used hundreds of fake accounts that posed as real Americans on X, Facebook, and Instagram to post pro-Israel comments. The accounts focused on U.S. lawmakers, particularly ones who are Black and Democrats."
As The Guardian reported on June 24, "That effort is only one of many such campaigns coordinated by the ministry."
The newspaper detailed "a sprawling relaunch of a controversial Israeli government program initially known as Kela Shlomo, designed to carry out what Israel called 'mass consciousness activities' targeted largely at the U.S. and Europe."
"Concert, now known as Voices of Israel, previously worked with groups spearheading a campaign to pass so-called 'anti-BDS' state laws that penalize Americans for engaging in boycotts or other nonviolent protests of Israel," The Guardian explained, referring to the Palestinian-led Boycott, Divestment, and Sanctions movement.
"Its latest incarnation is part of a hardline and sometimes covert operation by the Israeli government to strike back at student protests, human rights organizations, and other voices of dissent," according to the newspaper. "Voices' latest activities were conducted through nonprofits and other entities that often do not disclose donor information."
The coalition calling on Biden to launch an investigation wrote that "it is incumbent on our government to protect its citizens from efforts by foreign governments to inappropriately interfere in our democratic process by spreading disinformation, targeting U.S. elected officials, and seeking to intimidate members of U.S. civil society."
Highlighting previous action "to punish and deter such nefarious behavior" by Russian firms, the groups argued that "as an administration that has defined itself as defenders of American democracy against threats from both domestic and foreign state actors, the news of the Israeli government's attacks on our democracy must be addressed."
NIAC president Jamal Abdi said, "What this letter asks for is very simple: that President Biden and his administration treat reports of inappropriate Israeli influence operations with the same seriousness that it has allegations of Russian and Iranian influence campaigns."
"Unfortunately, what has been reported thus far could just be the tip of the iceberg," he continued. "The administration must work to defend our democracy fully, and ensure that no foreign state has a green light to inappropriately target American citizens or manipulate our democratic process."
The U.S. government has provided weapons and diplomatic support for Israel's war on Gaza, which has killed at least 39,145 Palestinians and injured another 90,257, according to local officials, and is the subject of an International Court of Justice genocide case.
"The United States has failed to protect Palestinian communities, putting them at risk of harm to continue emboldening Israel," USCPR Action policy manager Mohammed Khader said Wednesday. "As the Israeli government and its foreign agents attempt to undermine our collective efforts on Palestinian rights, we strongly urge for the federal government to impose sanctions to hold Israeli officials and institutions accountable for violating the law."
In addition to the reported covert operations, there have been overt actions by Israel's leaders. As Israeli National Security Minister Itamar Ben-Gvir on Wednesday endorsed former U.S. President Donald Trump for the November election, saying that he believes the Republican "will receive the backing to act against Iran," Israeli Prime Minister Benjamin Netanyahu was invited to address a joint session of Congress, despite protests from American lawmakers.
Trump, Biden, and Vice President Kamala Harris—now the presumed Democratic nominee for the November election—are all set to separately meet with Netanyahu while he is visiting the United States.
"It's time for the Biden administration to end its policy of exceptionalism towards Israel and hold all nations to the same standards," declared DAWN advocacy director Raed Jarrar. "The administration must take decisive action to protect our democracy from all forms of foreign interference."
"It is a sad day for our democracy when my colleagues will smile for a photo-op with a man who is actively committing genocide."
As U.S. lawmakers prepared to host Israeli Prime Minister Benjamin Netanyahu for a rare joint address to Congress, Rep. Rashida Tlaib contended Monday that the leader of a country on trial for genocide at the World Court should be apprehended and sent to The Hague to face justice.
"Netanyahu is a war criminal committing genocide against the Palestinian people," Tlaib (D-Mich.)—the only Palestinian American member of Congress—said in a statement ahead of the Israeli leader's scheduled speech on Wednesday. "It is utterly disgraceful that leaders from both parties have invited him to address Congress. He should be arrested and sent to the International Criminal Court."
While the ICC has not authorized Netanyahu's arrest, its chief prosecutor has applied for warrants to apprehend the far-right prime minister and Israeli Defense Minister Yoav Gallant for alleged crimes including extermination and forced starvation, as well as three Hamas leaders for war crimes allegedly committed during the October 7 attack on Israel.
Israel is also on trial for genocide at the International Court of Justice—also known as the World Court—which ruled last week in a separate case that the 57-year Israeli occupation of Palestine is an illegal form of apartheid that must end "as rapidly as possible."
Tlaib continued:
Since 1948, the U.S. has provided more than $141 billion in weapons to the Israeli government to fund the ethnic cleansing of Palestinians, including $17.9 billion since October. Netanyahu's apartheid regime has already slaughtered over 39,000 Palestinians in Gaza, including over 15,000 children. Yet my colleagues and the Biden administration continue to approve more funding and send more weapons—even as innocent children like Hind Rajab are targeted with 355 bullets, shot in the head by Israeli snipers, burned to death in their tents with U.S.-made weapons, bombed while playing at school, deliberately starved to death, and Palestinians are bombed in refugee camps and discovered in mass graves, naked and with their hands tied, all livestreamed for the world to see. These are undeniably war crimes under international law.
"Make no mistake: This event is a celebration of the ethnic cleansing of Palestinians," Tlaib asserted. "It is a sad day for our democracy when my colleagues will smile for a photo-op with a man who is actively committing genocide."
Dozens of Democratic U.S. lawmakers and Independent Sen. Bernie Sanders of Vermont have said they will skip Netanyahu's speech. Vice President Kamala Harris—the presumptive Democratic presidential nominee—has declined to preside over the prime minister's address as Senate president, although she is reportedly planning to meet privately with him on Thursday.
While U.S. President Joe Biden has decried Israel's "indiscriminate bombing" of Gaza and Secretary of State Antony Blinken has lamented that "far too many Palestinians have been killed," the administration continues to send billions of dollars worth of arms to the key Middle Eastern ally.
"Our government must stop supporting and funding this genocide now."
"It is hypocritical to claim to be concerned about the massive death toll of innocent civilians, and then turn around and welcome the person responsible for these war crimes to our Capitol," Tlaib added. "Their silence is betrayal, and history will remember them accordingly. Our government must stop supporting and funding this genocide now."
On Tuesday, a coalition of labor unions representing millions of U.S. workers urged the Biden administration to suspend weapons transfers to Israel.
Progressive groups including the Council on American Islamic Relations and CodePink have also called for Netanyahu's arrest. A coalition of pro-Palestine organizations is planning to surround the Capitol during the prime minister's speech to demand his arrest.
"War criminal Netanyahu belongs in The Hague, not in D.C., and we're going to make sure the message is heard loud and clear!" Palestinian American attorney and International Solidarity Movement co-founder Huwaida Arraf said Tuesday. "We charge GENOCIDE! And we will not tire and will not rest until justice is done!"
Sarah Leah Whitson, executive director of Democracy for the Arab World Now, said Tuesday that "it's hard to imagine a greater blow to American credibility and standing around the world than for our Congress to host the prime minister of Israel, an indicted and hopefully soon-to-be-arrested war criminal, responsible for the gravest mass atrocities against Palestinians the world has ever seen."
"It's a great stain on our nation that our elected leaders have chosen to honor the leader of a country facing prosecution for genocide, apartheid, and illegal occupation," Whitson added.