AMY GOODMAN: This is Democracy Now!, democracynow.org. I’m Amy Goodman, with Juan González.

We turn now to an effort to hold the Biden administration accountable for their role in Israel’s war in Gaza. The D.C.-based nonprofit DAWN has formally asked the International Criminal Court to investigate former Secretary of State Antony Blinken, former Defense Secretary Lloyd Austin and President Joe Biden for their, quote, “accessorial roles in aiding and abetting, as well as intentionally contributing to, Israeli war crimes and crimes against humanity in Gaza,” unquote. These crimes include those identified in the ICC’s arrest warrants issued last year against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

We’re joined right now by Reed Brody, well-known veteran war crimes prosecutor, on the board of DAWN.

Can you explain the significance of this suit, as we speak to you in Geneva, Switzerland, Reed?

REED BRODY: Sure. As you said, Amy, in November, the ICC issued warrants against Benjamin Netanyahu and Yoav Gallant for starvation as a method of warfare, for intentionally directing attacks against civilians, for the crime against humanity of murder and of persecution.

But they didn’t act alone. And under the ICC statute, you can also be held liable for aiding and abetting a crime. And in order to do that, you have to have assisted in the commission of a crime with knowledge that the crime was being committed or was going to be committed in the ordinary course of events. And that’s what we say that Biden, Blinken and Lloyd Austin did here.

I mean, the bombs that Israel has used to destroy schools, hospitals and homes in Gaza were American bombs that they provided. Israel’s campaign of murder and persecution was carried out with political support that they ensured. And these officials were aware, as we explain in the complaint, that Israel was committing these crimes, and yet they ensured that the political, diplomatic and military support continued.

You know, our submission has 172 pages. It shows in detail how Biden, Blinken and Lloyd Austin ensured that that $17.9 billion in military assistance was sent, how real-time intelligence was given, how the U.S. vetoed resolutions at the U.N. Security Council. And we go — we show how, in many instances, these officials actually overruled people below them who said, “War crimes are being committed. You can’t, under American law, under international law, provide this assistance.” But I think our submission shows that Biden, Blinken and Austin are not only morally and politically complicit, but they’re legally complicit.

JUAN GONZÁLEZ: And, Reed?

REED BRODY: And, you know, this — 

JUAN GONZÁLEZ: Reed, has there been any precedent in terms of the aiding and abetting provision in the past before the court?

REED BRODY: Absolutely. I mean, our case is based on very solid precedents. The best example is the case of Charles Taylor, the former president of Liberia, who was convicted by the special court of Sierra Leone for aiding and abetting the rebels in Sierra Leone, you know, the ones who cut off people’s hands, arms — a country that he never set his foot in. And they said Charles Taylor was aware of the crimes that were being committed by his Sierra Leonean allies, and yet he continued to give them arms, and he continued to encourage them.

What I like to say imagine that a gunman is on a killing spree, and he runs into a store. The owner knows what the man is doing. He says, “Quick, quick, I need more ammunition.” And the owner says, “Here, here, here. But be careful how you use it.” That’s the situation we’re in. These officials were aware of what was being done with their ammunition, except in our case they also tried to stifle criticism of what the gunman was doing, and they did it again and again.

JUAN GONZÁLEZ: And, Reed, you filed this under an Article 15 submission. What is that precisely?

REED BRODY: So, under Article 15 of the Rome — of the ICC’s governing Rome Statute, NGOs, individuals, victims can provide information to the ICC prosecutor. Now, the ICC prosecutor already has an investigation open into the crimes committed by Hamas and committed by Israeli officials, so this will go into that. You know, the prosecutor does not usually talk about what he does with his investigation. We know that investigation is ongoing. And what we’re saying is, “Don’t just go” — I mean, we’re hoping that, of course, other individuals in the theater are named. But we also say, “Look at the people behind them. Look at the people who have aided and abetted this.”

AMY GOODMAN: Reed, earlier this month, President Trump signed an executive order authorizing sanctions against the ICC over its war crimes investigations against Israel.

REED BRODY: Absolutely.

AMY GOODMAN: DAWN has stated that Trump’s order against the ICC could subject him to, quote, “individual criminal liability for obstruction of justice.” Can you explain what that’s about and what you’re asking for regarding Trump, as well?

REED BRODY: Sure. Well, we didn’t ask for it in the communication, but, as you say, under Article 70 of the ICC Rome Statute, it criminalizes as an offense against the administration of justice, what we Americans call obstruction of justice, to, for instance, retaliate against a court officer for taking action. So, here, the prosecutor has indicted Yoav Gallant and Benjamin Netanyahu, and the Trump administration has responded by levying sanctions on this man and on the court. So, that really sets — I mean, the prosecutor would be well within his rights to open up an investigation of Donald Trump for these sanctions, as he would, incidentally, for the nine years that Israel tried, with three successive prosecutors, to blackmail, harass and sting them to prevent them from taking these actions.

AMY GOODMAN: Reed Brody, we thank you very much for being with us, veteran war crimes prosecutor, board member of DAWN, the nonprofit which has filed the communication with the ICC prosecutor over the role of U.S. officials — Biden, Blinken and Austin — in supporting Israeli war crimes in Gaza.

That does it for our show. Democracy Now! is produced with Renée Feltz, Mike Burke, Deena Guzder, Messiah Rhodes, Nermeen Shaikh, María Taracena, Tami Woronoff, Charina Nadura, Anjali Kamat, Sam Alcoff, Tey-Marie Astudillo, John Hamilton, Robby Karran, Hany Massoud, Hana Elias. Our executive director is Julie Crosby. Special thanks to Becca Staley, Jon Randolph, Paul Powell, Mike Di Filippo, Miguel Nogueira. I’m Amy Goodman, with Juan González, for another edition of Democracy Now!