US soldiers could face criminal charges for complicity in war on Gaza
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Human Rights Watch warns that US military support for "Israel" may expose American personnel to prosecution for war crimes committed in Gaza.
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Israeli occupation soldiers move next to destroyed buildings following Israeli strikes during a ground operation in the Gaza Strip, Sept 13, 2024 (AP)
Human Rights Watch (HRW) has raised serious concerns regarding the direct role of US military personnel in "Israel's" ongoing genocide in Gaza. The organization warns that individuals in the US military who assist in operations that violate international humanitarian law could face prosecution for war crimes.
While most criticism of US involvement has focused on the transfer of weapons to "Israel", HRW highlights another dimension, operational and intelligence collaboration. The US has not only supplied vast quantities of arms, approximately $17.9 billion, but has also actively participated in intelligence sharing and strategic military planning.
Omar Shakir, HRW's director for "Israel" and Palestine, told The Guardian that US involvement has moved "beyond complicity" to direct participation. He emphasized that US personnel embedded in operational planning or intelligence roles could be individually liable if their contributions aided war crimes.
The extent of US involvement remains classified, but both current and former administrations have publicly acknowledged cooperation. In October 2024, former President Joe Biden confirmed that US special operations forces and intelligence personnel assisted in assassinating Hamas leaders, including the martyred leader Yahya al-Sinwar.
More recently, Trump administration officials revealed they were consulted by "Israel" before a deadly March 18 operation that resulted in the martyrdom of over 400 Palestinians.
Legal and moral accountability
International law experts affirm that aiding or abetting a war crime is in itself a prosecutable offense. In an interview for The Guardian, Janina Dill of Oxford University noted that even if the US is not a signatory to the Rome Statute, the International Criminal Court (ICC) holds jurisdiction over crimes committed in Gaza. Countries with universal jurisdiction, such as Germany and Belgium, could also pursue cases against US personnel.
Past parallels, such as US assistance in the Saudi-led coalition's war on Yemen, underscore the risks. Though US forces did not directly bomb Yemen, their support through refueling and logistics was instrumental and widely condemned for enabling civilian deaths.
Expanding legal exposure through arms transfers
Operational support aside, the US has transferred billions in weaponry to "Israel" during the 22-month war. According to recent data, arms transfers have totaled $17.9 billion in military aid to "Israel" since October 2023, marking the highest annual military assistance ever given to "Israel" in US history. This figure includes $6.8 billion in Foreign Military Financing, $5.7 billion for missile defense systems, $1 billion for heavy weaponry, and $4.4 billion to replenish US weapon stocks transferred to "Israel".
HRW and other groups argue that this continued military support makes the US not just complicit but a party to the war. Under the Leahy Law and various sections of the Foreign Assistance Act, aid to military forces implicated in human rights violations is prohibited, yet enforcement remains lax.
Mounting civilian toll and global condemnation
The Palestinian Ministry of Health reported over 63,000 deaths in Gaza, with civilians accounting for 80% of those killed. UN investigations and leaked intelligence corroborate that at least 18,500 of the dead are children. Meanwhile, the destruction of over 70% of Gaza's infrastructure has left nearly 1.9 million people displaced and exposed to famine and disease.
US-supplied munitions, including Joint Direct Attack Munitions (JDAMs) and 155mm artillery shells, have been recovered from the rubble of schools, homes, and hospitals. These findings intensify accusations that US weapons are enabling the systematic targeting of civilians.
Domestic backlash
Within the US, dissent is growing. At least 13 officials across the State Department and White House have resigned in protest over the Biden administration's support for "Israel". In a joint statement, they declared that America’s "diplomatic cover and continuous flow of arms" had made it complicit in war crimes.
Legal complaints have also been filed with the ICC, including a 172-page submission by Democracy Now for the Arab World, accusing US leaders of aiding and abetting war crimes.
