Partial lifting of the one solitary pause on munitions to the IDF in the face of overwhelming evidence of war crimes is a criminal offense under international law
(Washington D.C., July 11, 2024): The Biden Administration should cancel its reported resumption of deliveries of 500-pound bombs to the Israeli Defense Forces (IDF), a reversal of its previous policy of withholding such munitions from the Israeli military, said DAWN today.
Providing such massive, explosive weapons with wide-area effects despite Israel's systematic and deliberate deployment of such bombs in built-up civilian areas throughout Gaza further exposes U.S. officials to liability for war crimes prosecution.
"This week alone, Israel used U.S. weapons to strike a school during a soccer game killing scores of children, and ordered the forced evacuation of hundreds of thousands of desperate civilians from Gaza City," said DAWN Senior Advisor Josh Paul. "Lifting a suspension on the delivery of 500lb bombs meant to prevent the invasion of Rafah, only to then send Israel those bombs to enable the further destruction of Gaza City, is not only an act of perversity but a lawless one as well."
In early May, the Biden Administration paused a shipment of 500lb and 2,000lb bombs to Israel to underline its opposition to a full-scale invasion of Rafah by the IDF. Despite the fact that Israel proceeded with the Rafah invasion, the Biden Administration made no efforts to pause any other arms shipments, and indeed continued to expedite thousands of other weapons shipments. Now, the Biden Administration is reportedly walking back even the one pause it had ordered.
"The International Criminal Court should investigate U.S. officials for their complicity in the genocidal atrocities in Gaza, insisting on providing Israel with some of the most lethal weapons in the world despite full knowledge that Israel is using them unlawfully against Palestinian civilians," said Raed Jarrar, DAWN's advocacy director. "The Biden administration is fully culpable for the slaughter of civilians in Gaza, and should be held accountable for its role in aiding and abetting Israel's shocking war crimes and crimes against humanity."
The International Criminal Court (ICC) is currently investigating the commission of war crimes and other violations of the Rome Statute in the Occupied Palestinian Territories and the Prosecutor has requested arrest warrants for Israel's two most senior officials, Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. Article 25(3) of the ICC Statute limits aiding and abetting liability to cases in which the individual acts "for the purpose of facilitating the commission of such a crime," which is understood to include knowledge that the act will support the commission of crimes. In light of widespread evidence that Israel has used U.S. weapons in violation of international human rights and humanitarian laws, the continued provision of weapons with knowledge that they will continue to be used in war crimes and crimes against humanity should suffice as a basis for liability.
DAWN urged the Biden administration to comply with U.S. and international laws and halt all further weapons transfers to Israel.
