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foreign assistance act
77 House Dems Call for 'Full Assessment' of Israeli Compliance With US Law
Lawmakers told the Biden administration they are "deeply troubled by the continued level of civilian casualties and humanitarian suffering in Gaza."
Dec 13, 2024
As Israel continues to decimate the Gaza Strip with American weapons, 77 Democrats in the U.S. House of Representatives this week demanded that the Biden administration "provide a full assessment of the status of Israel's compliance with all relevant U.S. policies and laws, including National Security Memorandum 20 (NSM-20) and Section 620I of the Foreign Assistance Act."
Reps. Jason Crow (D-Colo.), Madeleine Dean (D-Pa.), and Chrissy Houlahan (D-Pa.) spearheaded the Thursday letter to Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin, with less than six weeks left in President Joe Biden's term.
Since Biden issued NSM-20 in February, his administration has repeatedly accepted the Israel government's assurances about the use of U.S. weapons, despite reports from journalists and human rights groups about how they have helped Israeli forces slaughter at least 44,875 Palestinians and injure another 106,454 people in the besieged enclave over the past 14 months.
"Our concerns remain urgent and largely unresolved, including arbitrary restrictions on humanitarian aid and insufficient delivery routes."
House Democrats' letter begins by declaring support for "Israel's right to self-defense," denouncing the Hamas-led October 2023 attack, and endorsing the Biden administration's efforts "to broker a bilateral cease-fire that includes the release of hostages," noting the deal recently negotiated for the Israeli government and the Lebanese group Hezbollah.
"Further, we condemn the unprecedented Iranian attacks against Israel launched on April 13, 2024, and October 1, 2024," the letter states, declining to mention the Israeli actions that led to those responses. "We must continue to avoid a major regional conflict—and we welcome the concerted diplomatic efforts by the U.S. and our allies to prevent further escalation."
"We are also deeply troubled by the continued level of civilian casualties and humanitarian suffering in Gaza," the lawmakers wrote, citing the administration's October 13 letter imposing a 30-day deadline for Israel to improve humanitarian conditions in Palestinian territory. "That deadline has expired, and while some progress has been made, we believe the Israeli government has not yet fulfilled the requirements outlined in your letter."
Asked during a November 12 press conference if the Israeli government has met the administration's demands, State Department spokesperson Vedant Patel said that "we have not made an assessment that they are in violation of U.S. law."
Shortly after that, U.S. Sen. Bernie Sanders (I-Vt.) forced votes on resolutions to block the sale of 120mm tank rounds, 120mm high-explosive mortar rounds, and Joint Direct Attack Munitions (JDAMs) to Israel, but they didn't pass.
Progressives and Democrats in Congress have been sounding the alarm about U.S. government complicity in Israel's armed assault and starvation campaign—which have led to an ongoing genocide case at the International Court of Justice—to varying degrees since October 2023, including with a May letter led by Crow and Rep. Chris Deluzio (D-Pa.) and signed by 85 others.
Citing that letter on Thursday, the 77 House Democrats wrote that "our concerns remain urgent and largely unresolved, including arbitrary restrictions on humanitarian aid and insufficient delivery routes, among others. As a result, Gaza's civilian population is facing dire famine."
"We believe further administrative action must be taken to ensure Israel upholds the assurances it provided in March 2024 to facilitate, and not directly or indirectly obstruct, U.S. humanitarian assistance," the letter concludes. "We remain committed to a negotiated solution that can bring an end to the fighting, free the remaining hostages, surge humanitarian aid, and lay the groundwork to rebuild Gaza with a legitimate Palestinian governing body. We thank you and the administration for its ongoing work to achieve those shared goals."
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Israeli Siege Leaves 130,000 Kids Trapped and at Risk of Starvation in Northern Gaza
"With no food, no clean water, and constant fear, both my children have developed rashes, and my daughter is passing blood, but there is no medicine, no help, and absolutely nothing I can do," said one mother trapped in the area.
Nov 25, 2024
An estimated 130,000 children under the age of 10 have been trapped in areas of northern Gaza almost entirely cut off from aid assistance, food and medical supplies for 50 days, a major humanitarian group said Monday.
According to Save the Children, life-sustaining aid has largely failed to make it through to any of the people besieged by Israeli forces in northern Gaza since early October, when the IDF declared the territory a "dangerous combat zone" and ordered civilians to evacuate.
Earlier this month, Joyce Msuya, Acting Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator for the United Nations, warned that the Israeli offensive in the area that began in early October was "an intensified, extreme, and accelerated version of the horrors of the past year." Local health officials in Gaza say that the death toll for the entire enclave has surpassed 44,000 since October 7 of 2023.
"Save the Children has been unable to access northern Gaza to deliver food parcels for 5,000 families, along with 725 hygiene kits and other aid supplies, for over seven weeks," said the group in its Monday statement. "Before the area was closed off, Save the Children worked through local partners to reach thousands of children in need, distributing over 1,000 food parcels and 600 hygiene kits, and reaching around 15,000 children and families in northern Gaza with psychosocial support, recreational activities, and case management."
Save the Children's warning comes not long after the Famine Review Committee released an alert stating that "there is a strong likelihood that famine is imminent in areas within the northern Gaza Strip."
"The situation in northern Gaza is not fit for human survival and yet we know there are about 130,000 children under 10 trapped in those conditions, not to mention the thousands of older children and their families," said regional director Jeremy Stoner.
A mother of two trapped in northern Gaza, identified by Save the Children as Ruba, testified through the group that she was trapped with her children "under relentless bombs, rockets, and bullets, with nowhere to run. My mother is paralyzed, and I cannot leave her behind. My brother has been killed, my husband was taken, and I don't know if he's alive."
"With no food, no clean water, and constant fear, both my children have developed rashes, and my daughter is passing blood, but there is no medicine, no help, and absolutely nothing I can do. They cry and ask me why we can’t just leave, why their father isn’t with us, why we can’t go back to a normal life," she said.
Save the Children is not the only entity reporting that aid is being blocked. According to an update from the U.N. Office for the Coordination of Humanitarian Affairs issued last week regarding northern Gaza, "between 1 and 18 November, 27 out of 31 coordination requests by the U.N. to access the besieged areas were denied and the remaining four were initially approved but then impeded on the ground. No fuel was let in for water, sanitation, and hygiene (WASH) facilities."
Following Save the Children's statement, Ibrahim Hooper, the national communications director for the Council on American-Islamic Relations, called for bolder action by nations besides the U.S.: "Because the Biden administration steadfastly refuses to apply any real pressure on the genocidal Israeli government to allow food to be delivered to those being intentionally starved in northern Gaza, including some 130,000 children under age 10, it is up to the international community to take concrete action."
“While our nation's government has abdicated any role in alleviating the suffering of the Palestinian people under a systematic campaign of mass destruction, slaughter, ethnic cleansing, and forced starvation, other nations can take actions such as economic sanctions, arms embargoes and arrests of Israeli war criminals," he said.
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House Democrats Back Sanders Senate Effort to Halt Arms Sales to Israel
"The U.S. must use its leverage to safeguard civilian lives, secure a lasting cease-fire, and advance a pathway toward peace."
Nov 20, 2024
A group of progressives in the U.S. House of Representatives on Wednesday endorsed Sen. Bernie Sanders' joint resolutions of disapproval that would block sales of American weapons to Israel as its troops continue to lay waste to the Gaza Strip.
Sanders (I-Vt.) introduced the resolutions in September and plans to force a vote on Wednesday. In a statement led by Congressional Progressive Caucus Chair Rep. Pramila Jayapal (D-Wash.), the House members said that "if given the opportunity to do so, we would vote in favor of S.J. Res. 111, S.J. Res. 113, and S.J. Res. 115."
Jayapal was joined by Democratic Reps. Becca Balint (Vt.), Joaquin Castro (Texas), Lloyd Doggett (Texas), Sara Jacobs (Calif.), Barbara Lee (Calif.), Jim McGovern (Mass.), Mark Pocan (Wis.), and Jan Schakowsky (Ill.).
While condemning the Hamas-led October 7, 2023 attack and backing "defensive systems that are designed to meet Israel's security needs," the nine House members also argued that "the United States must use all available leverage, including the suspension of offensive weapons transfers, to de-escalate the violence and protect the lives of hostages, including Americans, Palestinian civilians, and all those impacted by the ongoing conflict."
"We are and have been deeply alarmed by the Israeli military's conduct in Gaza, where independent human rights monitors have documented the use of U.S.-provided weaponry in violations of international law," they continued. "According to the Biden administration's own report, 'it is reasonable to assess' that Israeli security forces have used U.S. weapons to violate international humanitarian law. The humanitarian aid entering Gaza has also reached historic lows. In October, an average of 28 trucks per day crossed into Gaza, compared to a pre-war daily average of 500."
The coalition also pointed to the Biden administration's mid-October letter, which threatened to cut off U.S. weapons unless the Israeli government took "urgent and sustained actions" to improve humanitarian conditions in Gaza within 30 days.
"On November 4, 2024, State Department Spokesperson Matthew Miller stated Israel had so far 'failed' to implement the recommendations in the letter, and that assessment was substantiated by several humanitarian organizations," the lawmakers noted. "Despite this clear lack of progress, no meaningful action has been taken by the Biden administration to promote Israeli compliance with stated U.S. policy goals."
Sanders
announced plans to bring his resolutions to a vote after a U.S. State Department spokesperson last week responded to a question about the Biden administration's deadline by declaring that Israel is not violating federal and international law.
Warning that U.S. President-elect Donald Trump's return to the White House in January "will only embolden" Israeli Prime Minister Benjamin Netanyahu and his far-right ministers, the House members asserted that a vote for the resolutions "is a vote to politically restrain the Netanyahu government from any forthcoming efforts to formally annex the West Bank and settle parts of Gaza."
"We urge senators to support these joint resolutions of disapproval to block specific offensive arms sales to Israel, upholding U.S. law that prohibits arms transfers to countries that engage in a consistent pattern of gross violations of internationally recognized human rights or restrict the delivery of U.S. humanitarian assistance," the coalition concluded. "The U.S. must use its leverage to safeguard civilian lives, secure a lasting cease-fire, and advance a pathway toward peace."
Some House progressives have separately endorsed Sanders' resolutions. Rep. Cori Bush (D-Mo.)—who lost her August primary to a Democrat backed by pro-Israel lobbyists—said that since President Joe Biden "won't stop sending bombs, it's up to Congress to uphold the law" and urged "every senator who cares about humanity and the rule of law" to vote yes.
Rep. Rashida Tlaib (D-Mich.), the only Palestinian American in Congress, said on social media Wednesday, "Section 620I of the Foreign Assistance Act is very clear: The U.S. cannot provide weapons to any country that 'prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assistance.'"
Biden "has refused to enforce U.S. law and stop sending weapons to the Israeli government as they commit genocide in Gaza and use starvation as a weapon of war," Tlaib added. "Today, every senator will have to decide if they will vote to uphold our own laws and block arms sales to Israel."
So far, only a small number of senators have signaled support for the resolutions—Democratic Sens. Tim Kaine (Va.), Jeff Merkley (Ore.), Brian Schatz (Hawaii), Chris Van Hollen (Md.), Elizabeth Warren (Mass.), and Peter Welch (Vt.). The measures would also have to get through the Republican-controlled House to hit Biden's desk, and overriding an anticipated veto would require two-thirds support in both chambers.
Although the resolutions are not expected to pass even in the Senate, "the Biden administration is aggressively pushing senators to bless continued U.S. weapons shipments for Israel ahead of a first-of-its-kind vote in Congress on the policy," HuffPost revealed Wednesday after obtaining a copy of talking points the White House is circulating on Capitol Hill.
"Administration officials are suggesting lawmakers who vote against the arms are empowering American and Israeli foes from Iran to the militant groups Hamas and Hezbollah, which the U.S. treats as terror organizations," HuffPost reported. "Senate Majority Leader Chuck Schumer (D-N.Y.) is also privately pressing senators to endorse the ongoing flow of military equipment to Israel, according to one of the aides."
Responding to the report on social media, Sanders ally and Arab American Institute president James Zogby—who is considering a run for Democratic National Committee chair—said that "this White House effort is disgraceful."
"Senators trying to block offensive weapons to Israel aren't aiding Hamas, they're trying to stop genocide, starvation, and massive violations of U.S. laws," Zogby added. "They're saving Palestinian lives and the last shred of U.S. honor."
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Tlaib Demands Blinken Resign Over Failure to Hold Israel Accountable for Gaza Genocide
"No nation blocking U.S. humanitarian assistance can receive U.S. weapons," said Rep. Rashida Tlaib. "The Biden administration cannot pick and choose when they comply with our own laws."
Nov 15, 2024
Progressive Democratic Congresswoman Rashida Tlaib of Michigan on Thursday urged U.S. Secretary of State Antony Blinken to resign for breaking federal laws against arming human rights violators by lavishing Israel with tens of billions of dollars in American weapons used to harm Palestinians—more than 150,000 of whom have been killed or maimed in Gaza.
Speaking on the floor of the U.S. House of Representatives in Washington, D.C., Tlaib—the only Palestinian American member of Congress—argued that "Secretary Blinken has continued to lie to Congress and should resign."
"U.S. law is very clear. No nation blocking U.S. humanitarian assistance can receive U.S. weapons," she stressed. "The Biden administration cannot pick and choose when they comply with our own laws."
The
Foreign Assistance Act of 1961 and Leahy Laws prohibit military aid to security forces that commit gross human rights violations, although in practice, the U.S. has sent weapons to many countries guilty of grave abuses, including the perpetrators of several genocides.
Tlaib disdainfully referred to the Biden administration's deadline for Israel to improve humanitarian conditions in Gaza or face a possible suspension of arms transfers.
"I want to talk about, quote, Biden's 30-day humanitarian deadline," she said. "The Biden administration has continued to ignore reports from its own experts, international human rights organizations, and the United Nations that the Israeli government is blocking humanitarian aid in Gaza."
Although the deadline passed earlier this week without full Israeli compliance with any of the 19 demands made by Blinken and Defense Secretary Lloyd Austin, the State Department determined that Israel is not violating U.S. law, sparking global outrage.
"The Israeli government is using starvation as a weapon of war," Tlaib said.
Earlier this year, as Gazan children began dying from malnutrition and lack of medical care, the International Court of Justice in The Hague—which is weighing a South Africa-led genocide case against Israel—ordered Israeli authorities to stop blocking aid from entering Gaza. Critics accuse Israel of flouting this and two other Gaza-related ICJ orders.
Pointing to a photo of Fadi al-Zant, a 6-year-old Gaza boy who nearly starved to death, Tlaib continued: "Look at this picture. It is evident that blocking U.S. humanitarian aid... is happening, and it is a blatant violation... of the Foreign Assistance Act."
"The Israeli government is using starvation as a weapon of war."
"In a letter to the Israeli government on October 13, Secretary Blinken acknowledged that the Israeli government is violating U.S. law by blocking aid and gave them 30 days to comply," she noted. "The letter demanded that 350 trucks be allowed into Gaza per day. And guess what? According to Israel's own data and own government, only 57 trucks were allowed into Gaza per day in October."
"On November 1, top United Nations officials said, 'The entire Palestinian population in northern Gaza is at imminent risk of dying from disease, famine, and violence,'" she added. "This week... Secretary Blinken exposed his lie by announcing that there will be no change to any policy, despite admitting that the Israeli government has still failed to comply with all of their demands."
Members of Israeli Prime Minister Benjamin Netanyahu's far-right Cabinet have suggested that Blinken personally endorsed Israel's policy of bombing aid trucks.
Palestinian groups and individuals in Palestine and the U.S. unsuccessfully sued President Joe Biden, Blinken, and Austin for their failure to prevent and complicity in Israel's genocide.
Also on Thursday, U.S. Sen. Elizabeth Warren (D-Mass.) condemned the Biden administration's failure to take any punitive action against Israel for its assault on Gaza, which a United Nations panel that same day called "consistent with the characteristics of genocide."
"Despite [Israeli Prime Minister Benjamin] Netanyahu's failure to meet the United States' demands, the Biden administration has taken no action to restrict the flow of offensive weapons," Warren said in a statement. "The failure by the Biden administration to follow U.S. law and to suspend arms shipments is a grave mistake that undermines American credibility worldwide."
"If this administration will not act, Congress must step up to enforce U.S. law and hold the Netanyahu government accountable through a joint resolution of disapproval," Warren asserted, adding that she has endorsed resolutions led by Sen. Bernie Sanders (I-Vt.) and others aimed at blocking a series of proposed arms sales to Israel. Sanders said Wednesday that he will soon seek a floor vote on the resolutions.
"There is no longer any doubt," Sanders said Wednesday, "that Netanyahu's extremist government is in clear violation of U.S. and international law as it wages a barbaric war against the Palestinian people in Gaza."
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Biden and Blinken—Weapons to Israel Violate US and International Law
Will the U.S. government finally do the right thing when it comes to holding Israel to account for its clear violations of human rights standards?
May 09, 2024
As Israel continues its merciless assault on Gaza, there is at least some sanity taking hold in regard to U.S. policy on military assistance to Israel. Several weapons shipments have been put on hold by the Biden Administration and congressional leadership over concerns about Israeli conduct in its ongoing slaughter in Gaza. This is surely the result of relentless protests, organizing and advocacy by the broad, growing movement for a ceasefire.
Currently, as Israel surrounds and attacks Rafah, and ceasefire talks sputter, the U.S. government is poised to likely give Israel a clean bill of health in a report to Congress.
All that is required of Congress and the president is to do their jobs and uphold existing U.S. and international law.
The report, expected any day now, is required by National Security Memorandum - 20 (NSM-20), and is not specific to Israel. It simply states that countries receiving U.S. military assistance must follow U.S. and international law regarding the laws of war and allow humanitarian assistance to reach civilians. Iraq, Nigeria, Somalia, Kenya, Colombia, Ukraine and Israel are the countries addressed in the report. Israel has speciously asserted that it is in compliance.
NSM-20 was adopted by the Biden administration in a compromise with U.S. Senator Chris Van Hollen (D-Md.), supported by 18 other senators, when his and other amendments were denied a vote in the recent military supplemental appropriations process. Subsequently, 88 House members led by U.S. Reps. Jason Crow (D-Col.) and Chris Deluzio (D-Pa.) wrote to the Administration expressing their support for holding Israel accountable under NSM-20 and section 620I of the Foreign Assistance Act, which prohibits U.S. security assistance to any state which restricts U.S. humanitarian aid.
Reports by the executive branch to Congress are ordinarily obscure and dry, read only by committed policy wonks. This one is justifiably getting more attention, as it is a tool for accountability that merely restates existing U.S. and international law, at a time when ending the calamity in Gaza could not be more urgent. The fact that the report may be delayed (it was due May 8) reflects internal divisions within the State Department not just about Israel’s fallacious claim of compliance, but what to recommend to the executive branch in terms of possible action against Israel.
This is likely the first bite at the apple regarding the NSM-20 process, as peace advocates, and our allies in Congress, see it as a potential lever to impact U.S. policy toward Israel, hopefully to bring about an end to the war.
Congressional action is of course only one form of pressure on the Biden Administration to end military aid to Israel and press for a ceasefire. The remarkable spread of campus protests and consistent "No Preference" or "Uncommitted" Democratic presidential primary votes in state after state are powerful statements of no confidence in Biden’s bear hug of support of Israel. All that is required of Congress and the president is to do their jobs and uphold existing U.S. and international law. The question is whether they can, for once, stand up to the pro-apartheid, anti-Palestinian human rights lobby and do the right thing.
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Leaked State Department Memo: Israeli Assurances 'Neither Credible Nor Reliable'
"Today's leak should mark a final end to this impunity. President Biden has no choice but to fully enforce the law and halt aid to Israel."
Apr 28, 2024
A newly leaked internal memo shows that officials at four U.S. State Department bureaus don't believe the Israeli government's assurances that it is using American weaponry in Gaza in compliance with international law, rejecting them as "neither credible nor reliable."
The memo, first reported by Reuters on Saturday, is a joint submission from the State Department's bureaus of Democracy, Human Rights, and Labor; Population, Refugees, and Migration; Global Criminal Justice; and International Organization Affairs.
The leaked document raises "serious concern over non-compliance" with international law, specifically citing the Israeli military's repeated attacks on civilian infrastructure, refusal to investigate or punish those responsible for atrocities, and killing of "humanitarian workers and journalists at an unprecedented rate," according to Reuters.
The memo also points to Israel's arbitrary rejection of humanitarian aid trucks, which has fueled famine in the Gaza Strip. The bureaus' conclusion matches that of officials at the United States Agency for International Development.
Human rights groups have been documenting Israel's atrocities and systematic obstruction of aid for months, but the Biden administration has continued approving weapons sales for the Netanyahu government despite U.S. laws prohibiting arms transfers to countries violating human rights and blocking American humanitarian assistance.
Sarah Leah Whitson, executive director of Democracy for the Arab World Now (DAWN), said Saturday that "the State Department's leaked confirmation that Israel has restricted the transport and delivery of U.S. humanitarian assistance leaves no doubt: U.S. law requires the suspension of military aid to Israel."
"For too long, the Biden administration has breached or ignored U.S. laws that require the suspension of aid to an abusive regime like Israel, fueling Israeli belligerence and rewarding its atrocities," said Whitson. "It's time for real consequences."
"Suspending military aid is the bare minimum the U.S. must do to avoid further complicity in these abuses."
In March, Israeli Defense Minister Yoav Gallant penned a letter assuring the Biden administration that the Israeli military's use of American weaponry has been in line with international law. A spokesperson for the U.S. State Department subsequently indicated that the Biden administration has not found Israel "to be in violation of international humanitarian law," drawing outrage from analysts and members of Congress who say it is obvious Israel is committing war crimes. in Gaza.
The U.S. State Department is expected to deliver its final assessment of Israel's assurances to Congress in early May.
The written assurances from Israel were required under a White House policy known as National Security Memorandum 20 (NSM-20), which has the ostensible aim of preventing "arms transfers that risk facilitating or otherwise contributing to violations of human rights or international humanitarian law."
NSM-20 states that "in furtherance of supporting Section 620I of the Foreign Assistance Act of 1961 (22 U.S.C. 2378-1) and applicable international law," the U.S. will "obtain credible and reliable written assurances from a representative of the recipient country as the Secretary of State deems appropriate that, in any area of armed conflict where the recipient country uses such defense articles, consistent with applicable international law, the recipient country will facilitate and not arbitrarily deny, restrict, or otherwise impede, directly or indirectly, the transport or delivery of United States humanitarian assistance and United States Government-supported international efforts to provide humanitarian assistance."
Raed Jarrar, DAWN's advocacy director, said Saturday that "Section 620I has been rendered toothless by State Department inaction and special treatment for Israel."
"Today's leak should mark a final end to this impunity. President Biden has no choice but to fully enforce the law and halt aid to Israel," said Jarrar. "From bombing residential towers to blocking food and medicine, Israel's war on Gaza has been marked by utter disregard for civilian life and international law. Suspending military aid is the bare minimum the U.S. must do to avoid further complicity in these abuses. But it's an essential first step to show that even Israel is not above the law."
Details of the internal State Department memo emerged just days after Congress gave final approval to a foreign aid package that includes $17 billion in unconditional military assistance for the Israeli government.
In a joint statement on Friday, dozens of civil society groups warned that the newly approved military aid risks deepening U.S. complicity in an assault that has killed more than 34,000 people and put millions at risk of starvation.
"Not only does this supplemental aid package provide Israel with billions in lethal arms, it also provides the country with privileges above and beyond anything it has ever received, in particular for the war reserve stockpile and offshore procurement," the groups said. "The passage of the supplemental bill further risks U.S. complicity in grave international crimes committed by Israel."
"We urge the administration and Congress to uphold U.S. law and policy and international law by withholding the transfer of additional lethal military aid to Israel," they added.
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House Dems Tell Biden to 'Enforce US Law' as Israel Obstructs Gaza Aid
"Israel’s restriction of this aid and Prime Minister Netanyahu's refusal to address U.S. concerns on this issue is absolutely unacceptable," wrote six House Democrats.
Mar 28, 2024
While United Nations experts and human rights groups around the world continue to call on U.S. President Biden to end his support for Israel as it bombards Gaza and blocks aid, six House Democrats told the president that his policy in the region is a straightforward violation of U.S. law, and must change immediately.
Rep. Betty McCollum (D-Minn.) led lawmakers including Reps. Mark Pocan (D-Wis.), Eleanor Holmes Norton (D-D.C.), and Raúl Grijalva (D-Ariz.) in calling on Biden to "enforce U.S. law" with Prime Minister Benjamin Netanyahu government.
With Israel continuing to block aid to Gaza—even as the International Food Security Phase Classification initiative (IPC) warns that parts of northern Gaza are already facing famine—the lawmakers said Netanyahu is "repeatedly interfering in U.S. humanitarian operations in direct violation of the Humanitarian Aid Corridor Act—Section 620I of the Foreign Assistance Act of 1961."
The Humanitarian Aid Corridor Act states that the U.S. cannot provide military aid to any country that is prohibiting or restricting the delivery of U.S. assistance into an area.
Despite State Department spokesperson Matthew Miller's claim this week that Israel is complying with international humanitarian law "when it comes to the conduct of the war or the provision of humanitarian assistance," the International Court of Justice on Thursday ordered Israel to ensure the delivery of urgently needed aid and warned that "famine is setting in" due to Israel's actions.
"The need to deliver humanitarian aid by any means possible has never been more pressing," wrote the lawmakers on Thursday. "This fact was emphasized by your administration's decision to begin airdropping supplies into Gaza in recent weeks, and your announcement of U.S. participation in constructing a temporary port in Gaza to expand the flow of aid."
"Israel's restriction of this aid and Prime Minister Netanyahu's refusal to address U.S. concerns on this issue is absolutely unacceptable," they said.
The letter follows similar calls from U.S. senators and more than two dozen human rights groups who earlier pointed out that Biden need look no further than the Foreign Assistance Act to know that the U.S. can no longer provide Israel with military support.
"This law is very straightforward," Sen. Chris Van Hollen (D-Md.) told NPR earlier this month. "It's clearly triggered by the facts on the ground in Gaza, where we now have kids who have literally died of starvation, and hundreds of thousands of people on the verge of starvation, with 4 out of the 5 hungriest people in the world today in Gaza."
McCollum and her colleagues wrote that Biden must also "reassess how our assistance is provided to Israel" if it moves forward with plans to launch a ground offensive in Rafah, "a move that would put the 1.5 million Palestinians displaced from other parts of Gaza in imminent danger and exacerbate the rate of disease, starvation, and death in the conflict."
"We echo our colleagues in the U.S. Senate in imploring you to enforce U.S. law with the Netanyahu government," wrote McCollum and her colleagues. "Mr. President, the situation in Gaza is dire. Immediate action from the United States is necessary to stop further loss of civilian life, and we urge you to use every tool at your disposal to end the suffering in this crisis and to keep this conflict from expanding."
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25 Groups Demand Biden 'Urgently Comply With US Law' and End Israel Arms Sales
"U.S. weapons, security assistance, and blanket political support have contributed to an unparalleled humanitarian crisis and possible war crimes in Gaza," the NGOs wrote.
Mar 13, 2024
More than two dozen human rights groups on Tuesday implored U.S. President Joe Biden "urgently comply" with domestic law by suspending arms sales to Israel and pressuring its far-right government to end its genocidal policy of blocking aid to starving Palestinians in Gaza.
In a joint letter to Biden, the 25 organizations asserted that his administration's "unconditional arms transfers and other security assistance" to Israel apparently "violate Section 620I of the Foreign Assistance Act (22 U.S.C. § 2378-1), which prohibits the United States from providing security assistance or arms sales to any country when the president is made aware that the government 'prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assistance.'"
"U.S. weapons, security assistance, and blanket political support have contributed to an unparalleled humanitarian crisis and possible war crimes in Gaza," the groups wrote. "We demand that you urgently comply with U.S. law, end U.S. support for catastrophic human suffering in Gaza, and use your leverage to protect civilians and ensure the impartial provision of humanitarian assistance."
The letter continues:
Gaza's Health Ministry reports that more than 30,000 Palestinians—at least two-thirds of them women and children—have been killed in Gaza and over 70,000 wounded, with thousands more estimated to be buried under the rubble. Over 90% of people in Gaza are acutely food insecure, with a growing number of children dying of starvation and dehydration. Over 75% of Gaza's population is already displaced, and the level of damage to shelter and infrastructure means people increasingly have nowhere safe to go nor reliable provisions if and when they move. As civilians face bombardment, disease, and starvation, lifesaving healthcare is increasingly inaccessible.
The letter acknowledges the Biden administration's efforts at providing very limited humanitarian relief to Gazans, as well as its public admission that "Israel is obstructing the delivery of humanitarian aid to starving Palestinians."
"But since October 7, the government of Israel has failed to facilitate the entry of sufficient humanitarian aid, including through additional border crossings into Gaza and northern Gaza in particular; blocked the entry of many humanitarian aid trucks; denied humanitarian access requests; enforced arbitrary customs restrictions on humanitarian goods; and attacked humanitarian workers and their facilities as well as civilians seeking aid," the groups said.
The letter points out that these acts are part of a stated Israeli policy of "complete siege" on Gaza, which experts say constitutes an act of genocide. In January, the International Court of Justice issued a preliminary ruling in a South Africa-led case that found Israel was "plausibly" committing genocide. The ICJ ordered Israel to "take all measures within its power" to prevent genocidal acts, an order that rights groups say it has failed to obey.
On Tuesday, a group of U.S. senators led by Bernie Sanders (I-Vt.), Chris Van Hollen (D-Md.), and Jeff Merkley (D-Ore.) also wrote a letter to Biden stressing that his administration is compelled by law to end arms sales to Israel if it keeps blocking aid to Gaza.
The U.S. provides Israel with around $4 billion in annual military aid. Since October 7, the Biden administration has requested an additional $14.3 billion in assistance for Israel, while repeatedly circumventing Congress to fast-track emergency armed aid.
The groups' letter urges Biden to "use your leverage" with Israel "to protect civilians and ensure the impartial provision of humanitarian assistance."
Biden administration officials have dubiously insisted that they have no such leverage.
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'That's the Law': Senators Say Biden Must End Arms Sales If Israel Keeps Blocking Aid
"Federal law is clear, and, given the urgency of the crisis in Gaza, and the repeated refusal of Prime Minister Netanyahu to address U.S. concerns on this issue, immediate action is necessary."
Mar 12, 2024
A group of senators said Tuesday that under U.S. law, the Biden administration must cut off American military assistance to Israel unless the Netanyahu government immediately stops impeding aid deliveries to the Gaza Strip, where children are dying of starvation after months of incessant Israeli bombing and attacks on humanitarian convoys.
"The severe humanitarian catastrophe unfolding in Gaza is nearly unprecedented in modern history," the eight senators—led by Sens. Bernie Sanders (I-Vt.), Chris Van Hollen (D-Md.), and Jeff Merkley (D-Ore.)—wrote in a letter to U.S. President Joe Biden. "Your administration has repeatedly stated, and the United Nations and numerous aid organizations have confirmed, that Israel's restrictions on humanitarian access, both at the border and within Gaza, are one of the primary causes of this humanitarian catastrophe."
The senators argued that the Israeli government's systematic obstruction of aid deliveries violates U.S. law, pointing specifically to Section 620I of the Foreign Assistance Act of 1961. The law states that "no assistance shall be furnished... to any country when it is made known to the president that the government of such country prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assistance."
Biden administration officials have admitted that Israel is impeding aid deliveries to desperate Gazans. But when asked last week whether Israel's actions amount to a "breach" of the Foreign Assistance Act, U.S. State Department spokesman Matthew Miller said he would "have to go back and look at the language of that text."
"It's not something that I've spent a lot of time looking at," he added.
"The United States should not provide military assistance to any country that interferes with U.S. humanitarian assistance."
The senators wrote to Biden on Tuesday that "according to public reporting and your own statements, the Netanyahu government is in violation of this law."
"Given this reality, we urge you to make it clear to the Netanyahu government that failure to immediately and dramatically expand humanitarian access and facilitate safe aid deliveries throughout Gaza will lead to serious consequences, as specified under existing U.S. law," the letter reads. "The United States should not provide military assistance to any country that interferes with U.S. humanitarian assistance."
"Federal law is clear," the senators added, "and, given the urgency of the crisis in Gaza, and the repeated refusal of Prime Minister Netanyahu to address U.S. concerns on this issue, immediate action is necessary to secure a change in policy by his government."
I am asking President Biden, along with 7 of my colleagues, to enforce existing U.S. law. The Foreign Assistance Act is very clear: Netanyahu’s government MUST stop restricting humanitarian aid access to Gaza or forfeit U.S. military aid to Israel. That's the law. pic.twitter.com/NOZefjUTlb
— Bernie Sanders (@SenSanders) March 12, 2024
The senators' letter was made public hours after the head of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) said Israel turned away a truck "loaded" with humanitarian aid because there were scissors in children's medical aid kits—just one of many examples of Israel blocking the delivery of badly needed assistance.
Israel has limited the flow of aid to Gaza for years, but its siege has become much more restrictive since October 7, when Israel began its latest assault on the Palestinian territory following a deadly Hamas-led attack.
The U.S., by far Israel's biggest arms supplier, has yet to impose any substantive consequences on the Netanyahu government for its mass killing of civilians or obstruction of humanitarian aid. The Biden administration has quietly approved more than 100 separate weapons sales to Israel since October.
Instead of using its leverage to force Israel's hand, the administration has resorted to airdropping aid into Gaza and planning the construction of a temporary port off the enclave's coast—steps that aid groups say won't be anywhere near enough to avert famine.
Citing four unnamed U.S. officials, Politico reported Monday that Biden "will consider conditioning military aid to Israel" if it launches a ground invasion of Rafah, a small city near the Egyptian border where more than half of Gaza's population is sheltering.
Brian Finucane, senior adviser for the U.S. program at the International Crisis Group, wrote in response to Politico's reporting that "U.S. law and policy already impose conditions on military aid to Israel as well as every other country."
"The Biden admin has just refused to enforce those conditions so far," he added.
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What Laws Is the State Department Violating by Shipping Weapons to Israel?
Under several federal laws, the department has a policy prohibiting U.S. weapons transfers when it's likely they will be used to commit genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, or other violations of international humanitarian or human rights laws.
Feb 17, 2024
Among the puzzling questions that the media chooses to ignore is asking high government officials why they are exercising the illegal use of power that violates the rule of law which they are required to obey.
This week, the Veterans for Peace (VFP) made it very easy for reporters to pose questions by sending an open letter (see veteransforpeace.org) to the inspector general of the U.S. State Department and Antony Blinken, secretary of state, invoking several U.S. statutes that require the “termination of provision of military weapons and munitions to Israel.”
Josh Paul, a former senior official in the State Department’s office charged with reviewing weapon transfers to foreign countries, said: “The secretary and all relevant officials under his purview should take this letter from Veterans for Peace with the utmost seriousness. It is a stark reminder of the importance of abiding by the laws and policies that relate to arms transfers.”
What laws are being violated by the State Department daily as it approves ships and cargo planes full of weapons of mass destruction to be used in Israel’s war crimes and genocide against hundreds of thousands of Gaza’s civilians, mostly children and women?
These are the laws highlighted in the VFP letter:
- The Foreign Assistance Act, which forbids the provision of assistance to a government which “engages in a consistent pattern of gross violations of internationally recognized human rights.”
- Arms Export Control Act, which says countries that receive U.S. military aid can only use weapons for legitimate self-defense and internal security. Israel’s genocidal campaign in Gaza goes way beyond self-defense and internal security.
- The U.S. War Crimes Act, which forbids grave breaches of the Geneva Conventions, including wilful killing, torture or inhuman treatment, wilfully causing great suffering or serious injury to body or health, and unlawful deportation or transfer, perpetrated by the Israeli Occupying Forces.
- The Leahy Law, which prohibits the U.S. Government from using funds for assistance to units of foreign security forces where there is credible information implicating that unit in the commission of gross violations of human rights.
- The Genocide Convention Implementation Act, which was enacted to implement U.S. obligations under the Genocide Convention, provides for criminal penalties for individuals who commit or incite others to commit genocide
Under these laws, the State Department has a “Conventional Arms Transfer Policy” which, the letter notes, “prohibit [U.S. weapons transfers when it’s likely they] will be used by Israel to commit… genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, [including attacks intentionally directed against civilian objects or civilians protected] or other serious violations of international humanitarian or human rights laws.”
The VFP letter continues, “Dozens of authoritative complaints and referrals made by hospital administrators in Gaza, as well as by Amnesty International, Human Rights Watch, Palestine Authority, South Africa, Turkey, Medicins san Frontieres, UNRWA, UNICEF, the secretary-general of the United Nations, the Norwegian Refugee Council, and the World Food Program have confirmed that there is an ongoing human rights and humanitarian disaster due to Israel’s cutoff of water and electricity, deliberate destruction of sewage infrastructure, and delaying of aid shipments by Israeli forces.”
If you are wondering why these laws are not being enforced—the answer is that individual citizens or groups of citizens do not have any “legal standing” to sue Secretary Blinken, according to the U.S. Supreme Court. Only a committee of Congress, backed by a Senate or House resolution, can take the State Department to federal court. That action to enforce congressionally passed and enacted laws is not likely to happen in this lawless, Israeli government-indentured Congress which refuses even to demand a ceasefire.
Mike Ferner, VFP national director, observed, “Just as any good soldiers can recognize when they are given an unlawful order, we believe some State Department staff are horrified at the orders they’re given and will decide to uphold the law, find the courage to speak out, and demand an end to the carnage.”
There is a related serious matter, pointed out by international law practitioner Bruce Fein, who said: “The United States has clearly become a co-belligerent with Israel in its war against Hamas-Gaza Palestinians by systematically supplying the IDF with weapons and intelligence without conditions. Under the Fourth Geneva Convention, nationals of a co-belligerent state are not regarded as protected persons if their state has customary diplomatic relations with an allied nation [in this case, Israel].”
For decades, the State Department has had an independent Office of the Legal Adviser. The present occupant of that post, acting legal adviser Richard C. Visek, has been publicly silent. I am sending the Veterans for Peace letter to him and asking him to respond to this letter and to the American people who pay his salary.
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