As the world marks the second anniversary of the October 7th, 2023 attacks, the enduring crisis in Gaza has become not only a humanitarian catastrophe but also a profound legal and political dilemma for the United States. The ongoing war, which has resulted in the deaths or injuries of nearly a quarter of a million Palestinians according to United Nations estimates, has drawn fierce global condemnation and ignited a reckoning over American complicity and accountability. Two recent investigative reports—one from the International Policy Institute and another published by Middle East Monitor—have shed new light on the scope of U.S. involvement and the mounting calls for legal action against Americans implicated in war crimes committed in Gaza.
Following the devastating attacks in October 2023, Israel launched a series of military campaigns that human rights organizations and U.N. special rapporteurs have described as acts of genocide. While Israel has permitted only limited humanitarian aid to enter Gaza, it has barred the United Nations from directly delivering assistance. Instead, relief efforts have been channeled through the Gaza Humanitarian Foundation (GHF), a body created and supported by both the U.S. Department of State and Israel. This arrangement, however, has proven controversial. According to reports by whistleblowers and corroborated by the United Nations, American security contractors working under the GHF have participated in grave violations of international law alongside the Israeli Defense Forces (IDF).
In July 2025, U.S. Army veteran Anthony Aguilar came forward as a whistleblower, providing chilling testimony about the conduct of American subcontractors and the IDF at aid distribution sites in Gaza. Aguilar described these locations as "death traps" for Palestinians, recounting how both American contractors and Israeli soldiers fired indiscriminately at civilians seeking aid. His account is not isolated. In August, CBS News interviewed a second whistleblower, identified only as "Mike," who described deliberate targeting of Palestinian civilians by American subcontractors and the IDF near these same sites. The United Nations estimates that over 850 Palestinians have been killed in the vicinity of GHF distribution points, either by American subcontractors or the IDF.
The involvement of American citizens in the violence does not end there. According to a September 2025 investigation by The Guardian, Daniel Rabb, a dual U.S.-Israeli citizen from Chicago, has operated as a sniper in Gaza as part of the IDF’s Paratrooper Unit 202. Rabb’s parents reportedly raised over $300,000 to support the unit. These revelations have intensified calls to apply the 1996 War Crimes Act, which allows for the investigation and prosecution of U.S. nationals who commit war crimes abroad. As Abdelhalim Abdelrahman, a Palestinian-American analyst, wrote for the International Policy Institute, "The scope of the WCA is significant: conduct committed overseas is not exempt from prosecution under U.S. law if the perpetrator is an American national."
Despite the clear legal framework, federal action remains elusive. The article notes that while the Department of Justice has the authority to investigate and charge American citizens implicated in war crimes, the current administration under President Donald Trump has shown little appetite for such measures. Nonetheless, pressure is mounting from members of Congress, civil society groups, and legal advocates for the DOJ to establish a dedicated War Crimes Task Force. Such a task force, experts argue, should possess expertise in international humanitarian law and open-source forensics, and be empowered to investigate credible allegations against American subcontractors and dual nationals serving in the IDF.
Legal mechanisms beyond the War Crimes Act also exist. The Leahy Laws, first enacted in 1997, prohibit U.S. security assistance to any foreign military unit credibly implicated in gross human rights violations such as torture or extrajudicial killings. While these laws have been used to restrict aid to units in countries like Colombia, Egypt, and Ukraine, they have never been applied to Israeli security forces. Former Senator Patrick Leahy, for whom the laws are named, argued in spring 2024 that this double standard must end. He wrote, "Unlike for most countries, U.S. weapons, ammunition and other aid are provided to Israeli security forces in bulk rather than to specific units. The secretary of state is therefore required to regularly inform Israel of any security force unit ineligible for U.S. aid because of having committed a gross violation of human rights, and the Israeli government is obligated to comply with that prohibition."
Despite repeated, credible reports of gross violations by Israeli units, not a single one has been deemed ineligible for U.S. aid since the Leahy Laws' passage. Advocates now insist that units like Daniel Rabb’s Paratrooper Unit 202 be subject to rigorous Leahy Law vetting, and that the State Department and Congress demand transparency and accountability when it comes to U.S. military assistance. Regular public reporting on investigations under the War Crimes Act and Leahy vetting, as well as oversight hearings, are among the policy recommendations being put forward.
These legal and political debates are unfolding against a backdrop of rapidly shifting public opinion in the United States. As reported by Middle East Monitor, a March 2025 Gallup poll found that 59 percent of Democratic voters now sympathize more with Palestinians, compared to just 21 percent with Israelis. This marks a dramatic change from past decades, when support for Israel was seen as a cornerstone of American political identity. The erosion of this consensus has not been limited to the left; a University of Maryland Critical Issues Poll from August 2025 found that only 24 percent of Republican voters aged 18–34 express greater sympathy for Israelis than Palestinians.
Former President Trump’s own remarks during an October 9, 2025 Fox News interview may have captured the new reality. Addressing Israeli Prime Minister Benjamin Netanyahu, Trump warned, "Israel cannot fight the world, Bibi." The statement, interpreted as a reference to the global surge in anti-Israel sentiment—including sanctions, international court proceedings, and boycott movements—reflects the growing strategic concern in both Washington and Tel Aviv over Israel’s isolation. As the Middle East Monitor observed, "The strong, unyielding, and dignified resilience of the Palestinian people has garnered global sympathy and galvanized support in ways unprecedented in history."
Meanwhile, efforts by pro-Israel media in the U.S. to frame the conflict as part of the broader "war on terror" have been met with resistance from ordinary citizens and social media activists, who have succeeded in bringing Palestinian voices and narratives into the mainstream. Attempts by Israel to manipulate social media through paid influencers and fake profiles, as reported by Politico, have done little to stem the tide of public opinion.
With the tenuous terms of a ceasefire once again in place, the crisis in Gaza remains unresolved. Yet, the legal and moral questions facing the United States are more urgent than ever. As the International Policy Institute warns, "The United States cannot credibly demand accountability for atrocities in other conflicts... while it simultaneously shields American GHF subcontractors and possibly other IDF dual nationals complicit in war crimes in Gaza." To maintain its credibility and uphold the rule of law, Washington must enforce its own statutes, condition military aid, and ensure that American citizenship is never used as a shield for impunity.
As international scrutiny intensifies and domestic consensus fractures, the coming months may well determine not only the fate of U.S. policy in the Middle East, but also the integrity of the American legal and moral commitment to human rights.