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With scant political opposition, the new Republican-controlled Congress and Trump White House will undoubtedly only double down on material support for Israel’s war crimes.
In recent weeks, political soothsayers have speculated about a wide variety of odious new policies the incoming Trump administration and its allies in Congress may or may not pursue. No one can predict with certainty which of those measures they will inflict on us and which they’ll forget about. But we can make one prediction with utter confidence. The White House and large bipartisan majorities in Congress will continue their lavish support for Israel’s war on Gaza, however catastrophic the results.
Washington has supplied a large share of the armaments that have allowed the Israeli Defense Forces (IDF) to rain death and destruction on Gaza (not to speak of Lebanon) over the past year and a quarter. Before October 7, 2023, when Hamas and other groups attacked southern Israel, that country was receiving $3.8 billion worth of American military aid annually. Since then, the floodgates have opened and $18 billion worth of arms have flowed out. The ghastly results have shocked people and governments across the globe.
In early 2024, the United Nations General Assembly and International Court of Justice condemned the war being waged on the people of Gaza and, in November, the International Criminal Court issued arrest warrants for Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for war crimes and crimes against humanity. Amnesty International, Human Rights Watch, the European Center for Constitutional and Human Rights, and Médecins Sans Frontières all followed with determinations that Israel was indeed committing genocide.
This country’s laws and regulations prohibit aid to military forces deliberately killing or wounding civilians or committing other grave human rights abuses. No matter, the U.S.-to-Israel weapons pipeline has kept right on flowing, completely unchecked. A cornucopia of military funds and hardware for Israel in the early months of the war came from just two nations: 69% from the United States and 30% from Germany.
This country’s laws and regulations prohibit aid to military forces deliberately killing or wounding civilians or committing other grave human rights abuses.
Were it just about any other country than Israel committing such a genocide, Washington would have cut off arms shipments months ago. But U.S. leaders have long carved out gaping exceptions for Israel. Those policies have contributed mightily to the lethality of the onslaught, which has so far killed at least 52,000 Palestinians, 46,000 of whom are believed to have been civilians. And of those civilian dead, five of every six are also believed to have been women or children. Israeli air strikes and other kinds of bombardment have also destroyed or severely damaged almost half a million housing units, more than 500 schools, just about every hospital in Gaza, and large parts of that region’s food and water systems — all with dire consequences for health and life.
Bombs Leave Their Calling Cards
From October 2023 through October 2024, reports Brett Murphy at ProPublica, 50,000 tons (yes, tons!) of U.S. war matériel were shipped to Israel. A partial list of the munitions included in those shipments has been compiled by the Costs of War Project. The list (which, the project stresses, is far from complete) includes 2,600 250-pound bombs, 8,700 500-pound bombs, and a trove of 16,000 behemoths, each weighing in at 2,000 pounds. In January 2024, Washington also added to Israel’s inventory of U.S.-made F-15 and F-35 fighter jets. Naturally, we taxpayers footed the bill.
As Abigail Hauslohner and Michael Birnbaum of the Washington Postnoted in late October, “The pace and volume of weaponry have meant that U.S. munitions make up a substantial portion of Israel’s arsenal, with an American-made fleet of warplanes to deliver the heaviest bombs to their targets.” When confronted with solid evidence that Israel has been using U.S. military aid to commit genocide, National Security Adviser Jake Sullivan told reporters, “We do not have enough information to reach definitive conclusions about particular incidents or to make legal determinations.”
Really? How much information would be enough then? Isn’t it sufficient to see Israeli forces repeatedly target clinics, homes, hospitals, mosques, and schools with massive, precision-guided bombs? Isn’t it enough when the IDF targets the very “safe zones” in which they have commanded civilians to take shelter, or when they repeatedly bomb and strafe places where people have gathered around aid trucks to try to obtain some small portion of the trickle of food that the Israeli government led by Netanyahu has decided to allow into Gaza?
If the U.S. State Department’s analysts really were having trouble making “definitive conclusions about particular incidents,” then Stephan Semler was ready to lend a hand with a report at the Quincy Institute for Responsible Statecraft entitled “20 Times Israel Used U.S. Arms in Likely War Crimes.” Worse yet, his list, he points out, represents only “a small fraction of potential war crimes committed with U.S.-provided weapons,” and all 20 of the attacks he focuses on occurred at locations where no armed resistance forces seemed to be present. Here are a few incidents from the list:
When warplanes bombed a busy market in northern Gaza’s Jabalya refugee camp, killing 69 people in October 2023, U.N. investigators determined that U.S.-made 2,000-pound GBU-31 air-dropped munitions had been used. A couple of weeks later, the U.N. found that “several” GBU-31s were responsible for flattening a built-up area of more than 60,000 square feet within Gaza City, killing 91 people, 39 of them children. A weapon dropped on a residential building last January, killing 18 (including 10 children), left behind a fragment identifying it as a 250-pound Boeing GBU-39. An airstrike on a tent camp for displaced people in Rafah in May, killing 46 people, left behind a GBU-39 tailfin made in Colorado. The next month, a bomb-navigating device manufactured by Honeywell was found in the rubble of a U.N.-run school where 40 people, including 23 women and children, had been killed. In July, more than 90 people were slaughtered in a bombing of the Al-Mawasi refugee camp, an Israeli army-designated “safe zone” near the southwest corner of Gaza. A tailfin found on the scene came from a U.S.-built JDAM guidance system that’s commonly used on 1,000- or 2,000-pound bombs. Also in July, fragments of the motor and guidance system of a Lockheed-Martin Hellfire missile fired from a U.S.-made Apache helicopter were found in the remains of a U.N.-run school where refugees were sheltering. Twenty-two had been killed in the attack.
“Everyone Knew the Rules Were Different for Israel”
In December, a group of Palestinians and Palestinian-Americans filed a lawsuit in federal court accusing the State Department of violating a 1997 act of Congress that prohibits arms transfers to any government that commits gross human rights violations.
As the Guardianreported, a large number of countries “have privately been sanctioned and faced consequences for committing human rights violations” under the act, which is known as the “Leahy law” after its original sponsor, former Senator Patrick Leahy of Vermont. But since 2020, a special committee, the Israel Leahy Vetting Forum (ILVF), has decided whether payments or shipments destined for Israel should be permitted. According to the Guardian, Israel has “benefited from extraordinary policies inside the ILVF,” under which arms transfers get a green light no matter how egregiously Israeli occupation forces may have violated human rights. In the words of a former official, “Nobody said it, but everyone knew the rules were different for Israel.”
According to the Post‘s Abigail Hauslohner and Michael Birnbaum, the process of determining whether Israel is using U.S.-supplied weapons to commit war crimes “has become functionally irrelevant, with more senior leaders at the State Department broadly dismissive of non-Israeli sources and unwilling to sign off on action plans” for disallowing aid. A midlevel department official, once stationed in Jerusalem, told Post reporters that senior officials “often dismissed the credibility of Palestinian sources, eyewitness accounts, nongovernmental organizations… and even the United Nations.” So, the arms have continued flowing, with no letup in sight.
In January 2024, Jack Lew, the Biden administration’s ambassador to Israel, sent a cable to top State Department officials urging that they approve the IDF’s request for thousands of GBU-39 bombs. Lew noted that those weapons were more precise and had a smaller blast radius than the 2,000-pound “dumb bombs” Israel had been dropping in the war’s early months. Furthermore, he claimed, their air force had a “decades-long proven track record” of avoiding civilian deaths when using the GBU-39.
That was, unfortunately, pure eyewash. At the time of the cable, Amnesty International had already shown that the Israeli Defense Forces were killing civilians with GBU-39s. The State Department nevertheless accepted Lew’s claims and approved the sale, paving the way for even more missiles and bombs to rain down on Palestinians. In reporting on the Lew cable, ProPublica‘s Brett Murphy wrote, “While the U.S. hoped that the smaller bombs would prevent unnecessary deaths, experts in the laws of war say the size of the bomb doesn’t matter if it kills more civilians than the military target justifies.” That principle implies that when there is no military target, an attack causing even one civilian casualty should be charged as a war crime.
During 2024, with its unrelenting bombardment of Gaza and then Lebanon, too, Israel chewed rapidly through its munition stocks. The Biden administration came to the rescue in late November by approving $680 million in additional munitions deliveries to Israel — and that was just the appetizer. This month, ignoring Israel’s 15 months of brutal attacks on Gaza’s population, the administration notified Congress of plans to provide $8 billion worth of additional arms, including Hellfire missiles, long-range 155-millimeter artillery shells, 500-pound bombs, and much more.
Big Death Tolls Come in Small Packages
International bodies have accused Israel of using not only bombardment but also direct starvation as a weapon, which would qualify as yet another kind of war crime. In early 2024, responding to pressure from advocacy groups, Joe Biden signed a national security memo designated NSM-20. It required the State Department to halt the provision of armaments to any country arbitrarily restricting the delivery of food, medical supplies, or other humanitarian aid to the civilian population of an area where that country is using those armaments. But the memo has made virtually no difference.
In April, the two top federal authorities on humanitarian aid — the U.S. Agency for International Development (USAID) and the State Department’s refugee bureau — submitted reports showing that Israel had indeed deliberately blocked food and medical shipments into Gaza. Under NSM-20, such actions should have triggered a cutoff of arms shipments to the offending country. But when the reports touched off a surge of outrage among the department’s rank and file and demands for an arms embargo, Secretary of State Antony Blinken and other top brass steamrolled all objections and approved continued shipments, according to Brett Murphy of ProPublica.
Another dimension of Israel’s war-by-starvation has been illustrated and quantified in a spatial analysis published by the British-based group Forensic Architecture. See, for example, the maps and text on pages 252–258 of their report, which reveal in stark detail the extent to which Israeli forces have ravaged agricultural lands in Gaza. Alongside bombing, shelling, and tank traffic, bulldozers have played an outsized role in the near-obliteration of that area’s food production capacity. The model D-9 bulldozers that are used to demolish Gaza’s buildings and lay waste to her farmland are manufactured by Caterpillar, whose global headquarters is in Texas.
In the early months of the war, Biden administration officials also took advantage of federal law, which doesn’t require that military aid shipments whose dollar value falls below certain limits be reported. They simply ordered that the huge quantities of arms then destined for Israel be split up into ever smaller cargoes. And so it came to pass that, during the first five months of the war, the Biden administration delivered more than 100 loads of arms. In other words, on average during that period, an American vessel laden with “precision-guided munitions, small diameter bombs, bunker busters, small arms and other lethal aid” was being unloaded at an Israeli dock once every 36 hours.
Israeli pilots have used U.S.-built fighter jets for the lion’s share of their airstrikes on Gaza and, by last summer, even more aircraft were needed to sustain such levels of bombing. Of course, jets are too big and expensive to be provided covertly, so, in August, Secretary of State Blinken publicly approved the transfer of nearly $20 billion worth of F-15 jets and other equipment to the IDF. The aircraft account for most of that sum, but the deal also includes hundreds of millions of dollars worth of ground vehicles and tank and mortar ammunition.
In September, Bernie Sanders, who served in Congress alongside Patrick Leahy from 2007 until the latter’s retirement in 2023, further enhanced the good reputation of Vermont senators by introducing three resolutions that would have blocked the State Department’s $20 billion Israel aid package. But when the measures came up for a vote in November, all Republicans, along with two-thirds of Sanders’s fellow Democrats, joined forces to vote them down. So, as always, Israel will continue to get its jets, tanks, and ammo.
With scant political opposition, the new Republican-controlled Congress and Trump White House will undoubtedly only double down on material support for Israel’s war crimes. And they are already threatening people who demonstrate publicly in support of an arms embargo with investigation, prosecution, deportation, or other kinds of attacks. Citing those and other threats, Ben Samuels of Haaretzanticipates that Trump’s promise “to crack down on pro-Palestinian sentiment in America will be a defining factor of his administration’s early days” and that “the fight against the pro-Palestinian movement might be one of the only things that has a clear path across the government” — that is, the suppression could be bipartisan. For the people of Gaza and their American supporters, 2025 could turn out to be even more horrifying than the ghastly year just passed.
"As fires rage across Los Angeles, the priority of American officials is to sanction the ICC," said one critic.
Forty-five congressional Democrats on Thursday voted with the U.S. House of Representatives' Republican majority in favor of legislation to sanction International Criminal Court officials following the tribunal's issuance of arrest warrants for Israel's prime minister and his former defense chief for alleged crimes against humanity in Gaza.
House lawmakers voted 243-140 in favor of H.R. 23, the Illegitimate Court Counteraction Act. Introduced by Reps. Chip Roy (R-Texas) and Brian Mast (R-Fla.), the bill would "impose sanctions with respect to the International Criminal Court (ICC) engaged in any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies."
In November, the ICC issued warrants for the arrest of Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant, his former defense minister, "for crimes against humanity and war crimes" in Gaza. According to Gaza officials, Israel's 15-month assault and "complete siege" of the embattled coastal enclave have left more than 165,000 Palestinians dead, wounded, or missing, and over 2 million others forcibly displaced, starved, or sickened.
The ICC also ordered the arrest of Hamas leader Mohammed Diab Ibrahim Al-Masri for crimes against humanity and war crimes allegedly committed during the October 7, 2023 attack on Israel and subsequent kidnapping and imprisonment of more than 250 people.
Rep. Ritchie Torres (D-N.Y.)—who according to AIPAC Tracker is the top congressional recipient of campaign contributions from pro-Israel lobbyists including the American Israel Public Affairs Committee—said on social media ahead of Thursday's vote that "the ICC's decision to issue arrest warrants against the leadership of Israel represents the weaponization of international law at its most egregious."
Mast, the new chair of the House Foreign Affairs Committee, accused the ICC of "legitimizing the false accusations of Israeli war crimes... in order to stop the overwhelming success of Israeli military operations."
However, Congresswoman Ilhan Omar (D-Minn.), one of 140 Democrats who voted against the bill, said on social media that "human rights lawyers and others documenting the worst atrocities committed on this planet are heroes who should be celebrated—not punished when the war criminals they pursue are allies of the United States."
"The way this bill is written, Israeli survivors of the Hamas massacres on October 7th who gave testimony about the crimes they endured could be sanctioned for cooperating with the ICC," she continued. "This bill would also be a significant blow to efforts to secure justice for [Russian President Vladimir] Putin's victims in Ukraine, and for the victims of both genocides in Darfur,
including the one that is ongoing."
"However my colleagues feel about the ICC or how they feel about Netanyahu's atrocities in Gaza, the passage of this bill is a profound mistake," Omar added. "For those reasons, I opposed this bill."
Amnesty International USA called the vote "deeply disappointing."
"The ICC is part of a global system of international justice of which the U.S. was a chief architect at Nuremberg and beyond," added Amnesty—whose main international organization recently accused Israel of genocide and suspended its Israeli branch for alleged anti-Palestinian bigotry. "If the Senate follows suit, it will do grave harm to the interests of all victims globally and to the U.S. government's ability to champion human rights and the cause of justice."
The United States—which supports Israel with tens of billions of dollars in armed aid and diplomatic cover—reportedly worked with Israel to thwart the ICC's effort to arrest Israeli leaders. The U.S. also opposes the South African-led genocide case against Israel currently before the International Court of Justice.
Outgoing U.S. President Joe Biden has condemned the ICC's effort to arrest Netanyahu and Gallant—who despite being a fugitive from justice was warmly welcomed at the White House last month.
During his first term, Republican U.S. President-elect Donald Trump sanctioned top ICC officials and banned them from entering the United States.
Rep. Mike Waltz (R-Fla.), Trump's pick for national security adviser, has threatened a "strong response" to the ICC in retaliation for seeking to arrest the Israeli leaders.
"Palestinians and allies have been silenced and marginalized in the media for decades as these institutions choose silence over accountability," said the secretary-general of the American Friends Service Committee.
The American Friends Service Committee, a Quaker organization, announced Wednesday that it has cancelled planned advertising with The New York Times after the outlet rejected one of the group's proposed ads that read: "Tell Congress to stop arming Israel's genocide in Gaza now! As a Quaker organization, we work for peace. Join us. Tell the President and Congress to stop the killing and starvation in Gaza."
AFSC alleges that after receiving the text of ad, the Times suggested they swap the word "genocide" for the word "war." The word war has "an entirely different meaning both colloquially and under international law," the Quaker group wrote.
AFSC said they rejected this proposed approach and then received an email from outlet's "Ad Acceptability Team" which read, in part, according to AFSC: "Various international bodies, human rights organizations, and governments have differing views on the situation. In line with our commitment to factual accuracy and adherence to legal standards, we must ensure that all advertising content complies with these widely applied definitions."
"New York Times Advertising works with parties submitting proposed ads to ensure they are in compliance with our acceptability guidelines. This instance was no different, and is entirely in line with the standards we apply to all ad submissions," a spokesperson for the Times said in an email to Common Dreams.
AFSC counters that a number of entities and individuals, such as the international human rights organizations Amnesty International and Human Rights Watch, have determined that Israel is committing genocide or acts of genocide in Gaza.
"The New York Times advertises a wide variety of products and advocacy messages on which there are differing views. Why is it not acceptable to publicize the meticulously documented atrocities committed by Israel and paid for by the United States?" said Layne Mullett, director of media relations for AFSC, in a statement.
Joyce Ajlouny, general secretary of AFSC, said that "the refusal of The New York Times to run paid digital ads that call for an end to Israel's genocide in Gaza is an outrageous attempt to sidestep the truth. Palestinians and allies have been silenced and marginalized in the media for decades as these institutions choose silence over accountability."
The AFSC has been a loud voice calling for a cease-fire and ending U.S. military support for Israel. For example, in April, the group announced a Tax Day campaign, a day of action where people held events and met with their members of Congress to demand they stop voting to spend U.S. tax dollars on military assistance to Israel.
AFSC staff in Gaza have also provided 1.5 million meals, hygiene kits, and other units of humanitarian aid to internally displaced people since October 2023, according to the Wednesday statement.
This article was updated to include an emailed statement from The New York Times.