THE HAGUE
Washington’s unconditional support and continued military aid to Israel constitute violations of the crimes of “conspiracy to commit genocide” and “complicity in genocide” as defined in the Genocide Convention.
The US government’s and American officials’ continued support for Israel and military aid constitute violations of “conspiracy to commit genocide” and “complicity in genocide,” as outlined in Article 3 of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, distinct from the act of genocide itself.
The International Court of Justice (ICJ) clarified in its Feb. 26, 2007, ruling on the Bosnian genocide that “conspiracy to commit genocide” and “complicity in genocide” involve not only individual criminal responsibility but also the international responsibility of states.
Nicaragua’s lawsuit against Germany at the ICJ, concerning its involvement in Israel’s genocide in Gaza and other Palestinian territories, now enables the responsibility of states that contribute to, participate in, or act contrary to their obligation to prevent genocide to be brought before international courts.
The ongoing genocide in Gaza, known to the US, coupled with its continued military aid that facilitates the genocide and its failure to fulfill the duty to prevent genocide, indicates that the US meets the conditions to be labeled a “state complicity in genocide.”
Genocide in Gaza
For the US to be held accountable for complicity in Israel’s crime of genocide, it must be shown that Israel’s actions in Gaza violate the Genocide Convention.
Since the onset of Israeli attacks in Gaza, many Israeli officials have openly expressed genocidal intentions, referring to Palestinians as “human animals” and making numerous calls for genocide.
The Israeli army has employed many prohibited methods and weapons, including white phosphorus, to bomb civilian areas and infrastructure, pushing Palestinians into conditions that make survival impossible, such as deprivation of water, food, electricity, fuel, and medicine.
Combining genocide calls, attacks on safe zones, mass killings, causing serious bodily and mental harm, and creating living conditions aimed at the physical destruction of the group, it is evident that genocide against Palestinians is being committed in Gaza.
The ICJ’s ruling, dated Jan. 26, 2024, indicated that the evidence presented in the case brought by South Africa, claiming Israel’s genocide against Palestinians in Gaza, was deemed “reasonable.”
Thus, the existence of the genocide committed by Israel in Gaza establishes the conditions for the US to be charged with “complicity in genocide.”
Being aware of Gaza Genocide
Secondly, for the US to be held responsible for complicity in genocide, it must be aware of the genocide’s existence.
The cessation of arms sales to Israel by many countries worldwide, including Western states, the ICJ’s rulings, and even the Washington’s restrictions on arms sales to Israeli settlers demonstrate that the US is aware or should be aware of the genocide committed in Gaza.
Despite knowing the risk of genocide in Gaza, the US continues to provide arms to Israel. This risk-taking meets the conditions for the crimes of “conspiracy to commit genocide” and “complicity in genocide,” outlined in Article 3 of the Convention.
Therefore, the existence of the genocide committed by Israel in Gaza enables the fulfillment of the conditions for the crime of “complicity in genocide” by the US, which provides the opportunity for the commission of these crimes.
Assistance in commission of genocide
Thirdly, for the US to be held responsible for complicity in genocide, its aid to Israel must consist of materials that are essential and directly facilitate the commission of the crime.
The provision of over 100 military sales, including thousands of precision-guided munitions, bombs, missiles targeting underground shelters, light weapons, and other lethal materials, along with the preparation to provide of $18 billion worth of equipment related to 50 F-15 fighter jets, proves that the US supplies equipment directly used by Israel to commit the crime.
The provision of “substantial” and “effective” materials, like bombs, weapons, missiles, and planes, instead of simple supplies like clothes, food, or drinks, positions the US as an accomplice to the genocide in Gaza.
The quantity, type, structure, and significance of the US’ political, economic, and military support for Israel reveal that this aid is directly effective in the genocide committed in Gaza.
Violation of duty to prevent genocide
Finally, due to knowing or having to know about the genocide committed by Israel in Gaza, the US has an obligation to prevent the genocide and to refrain from supporting Israel.
Since adopting the Genocide Convention Implementation Act on Nov. 25, 1988, the US has been a party to the Genocide Convention, which imposes a duty to prevent genocide on the US and its officials.
Despite having significant power to determine and stop Israel’s actions in Gaza, as its main military and political supporter, the US’s failure to use this power demonstrates a violation of its duty to prevent genocide.
The US’ statement that it has “no red lines” in terms of support for Israel and its unconditional support show a failure to exercise due diligence to prevent contributions to Israel’s violations, proving a breach of the duty to avoid aiding genocide and to act with the necessary care.
Obstacles to filing a case in ICJ and other judicial paths
The US’ reservation to Article 9 of the Genocide Convention, which allows the ICJ to adjudicate on violations of the Convention, poses an obstacle to bringing a genocide case against the US before the ICJ.
Although the ICJ’s potential condemnation of Israel for genocide in Gaza theoretically makes the US responsible for aiding genocide, this reservation prevents the filing of a genocide case against the US in the ICJ.
However, there is no obstacle to prosecuting senior American officials for being complicit in the genocide in Gaza as part of the ongoing investigation into Palestine at the International Criminal Court (ICC).
Additionally, lawsuits filed in US domestic courts against President Joe Biden and other US officials for aiding the genocide in Gaza are seeking convictions.
While bringing the US to the ICJ for aiding the genocide in Gaza is not possible, it appears that lawsuits for participation in the genocide can be filed in other international and domestic courts.
Efforts to sanction ICC
The US is preparing to impose sanctions on ICC officials for considering an “arrest warrant” for Israeli Prime Minister Benjamin Netanyahu. By exerting pressure and intimidation on the ICC, the US hinders examinations related to the responsibilities of Israel and supporting countries.
Western states, which previously condemned attacks on the ICC by countries like Russia and the Philippines, have not shown the necessary response to the US House of Representatives’ adoption of a bill proposing sanctions against the ICC and have not protected the ICC.
The absence of sanctions or condemnation against the US for its threats to the ICC demonstrates that Western states are turning a blind eye to the collapse of “rules-based international legal order” they boast of building and protecting to prevent investigations into Israel’s crimes.
While Biden deemed the ICC’s arrest warrant, dated March 17, 2023, for Russian President Vladimir Putin “justified,” Secretary of State Antony Blinken called on all ICC member states to enforce this warrant.
