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"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."
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."
"This will be the Biden administration's legacy: unconditional support for war crimes and complicity in genocide," said one group.
Human rights advocates around the world reacted angrily to Tuesday's U.S. State Department determination that Israel is not violating humanitarian law—even as its forces annihilate Gaza and block aid from entering the embattled Palestinian enclave.
Last month, the Biden administration—which has approved tens of billions of dollars in military aid for Israel and provided nearly unconditional diplomatic support since October 2023—sent a letter to the Israeli government threatening to cut off U.S. arms transfers if it failed to take "urgent and sustained actions" to improve humanitarian conditions in Gaza within 30 days.
Asked during a Tuesday press conference if the Israeli government has met the letter's demands, State Department spokesperson Vedant Patel said that "we have not made an assessment that they are in violation of U.S. law."
"The overall humanitarian situation in Gaza continues to be unsatisfactory," Patel continued. "But in the context of the letter, it's not about whether we find something satisfactory or not; it's what are the actions that we're seeing."
"These actions that we have seen, we think that these are steps in the right direction," he added, citing the limited reopening of the Erez border crossing between Gaza and Israel. "We want to see more steps. We want to see these steps sustained over a significant period of time, and ultimately, we want to see these steps have a result on the situation."
Patel insisted that the Biden administration is "not giving Israel a pass."
However, humanitarian aid groups accuse Israel of causing " apocalyptic" conditions in northern Gaza, where thousands of civilians including many women and children have been killed or wounded while others face imminent famine under a plan to starve out the population in order to ethnically cleanse the area.
On Tuesday, a coalition of eight international humanitarian groups including Oxfam International, CARE, Norwegian Refugee Council, Save the Children, and others published a report titled The Gaza Scorecard: Israel Fails to Comply With U.S. Humanitarian Access Demands in Gaza, which found that Israel has failed to fully comply with any of the 19 specific demands in the Biden administration's letter.
The scorecard noted:
The principals of the Inter-Agency Standing Committee now assess that "the entire Palestinian population in North Gaza is at imminent risk of dying from disease, famine, and violence." The findings of this scorecard underscore Israel's failure to comply with U.S. demands and international obligations. Israel should be held accountable for the end result of failing to ensure the adequate provision of food, medical, and other supplies to reach people in need.
"While Israel manipulates the U.S. by allowing some aid trucks into other parts of Gaza in the days leading up to the deadline, the performative act did not bring any humanitarian aid to the besieged northern neighborhoods of Gaza," said Raed Jarrar, advocacy director at Democracy for the Arab World Now (DAWN). "Even more concerning, no forcibly displaced Palestinian from the northern neighborhoods of Gaza has been allowed to return home."
Indeed, the IDF said it has "no intention of allowing the residents of the northern Gaza Strip to return to their homes."
At the same time, relief workers describe deadly dangers faced by Palestinians who try to flee besieged areas including the Jabalia refugee camp, site of some of the war's worst massacres, including indiscriminate Israeli targeting of refugees without regard for age or gender.
The International Court of Justice in The Hague is in the lengthy process of determining if Israel's atrocities amount to violations of the Genocide Convention. While it is weighing the evidence in the South Africa-led case, the ICJ has issued a series of provisional orders directing Israel to prevent genocidal acts, halt its assault on Rafah, and stop blocking humanitarian aid from entering Gaza. Critics accuse Israel of flouting all three orders.
"As a signatory to the Genocide Convention, the U.S. is obligated to prevent acts of genocide and to avoid complicity in them," DAWN stressed on Tuesday. "The U.S. should halt its military support for Israel to comply with its convention obligations and uphold international legal norms."
This is not the first time that the Biden administration has officially denied that Israel has violated humanitarian law during the Gaza war. In March, the State Department accepted Israel's assertion that the country is using U.S.-supplied arms in compliance with international law, even as more than 100,000 Palestinians had been killed or wounded in Gaza up to that date. The casualty figure has since increased by about 50%.
Congressional progressives and human rights groups pushed back on the Biden administration's claim. In April, a leaked memo revealed that officials at the United States Agency for International Development warned Secretary of State Antony Blinken that Israel was indeed breaking the law by blocking aid from entering Gaza. Another leaked State Department memo raised "serious concern" over Israeli noncompliance with humanitarian law and slammed Israel's claims of legal U.S. weapons use as "neither credible nor reliable."
Palestine advocates fear the Biden administration's refusal to suspend arms shipments to Israel—as experts argue is required under the Foreign Assistance Act of 1961 and Leahy Laws—will open the door for Republican President-elect Donald Trump to back Israeli crimes such as the annexation of Palestinian territories including the West Bank.
"By spending over a year ignoring U.S. law on supplying arms, the Biden administration has handed Trump an excuse to ignore any law he wants," Center for International Policy executive vice president Matt Duss said Tuesday on social media. "And they will have nothing to say about it."
Duss called the Biden administration's new determination "predictable, pathetic, and blatantly illegal."
One advocate urged action "to prevent further loss of innocent life, the deepening of an extraordinary humanitarian crisis, and the continued erosion of U.S. credibility as an upholder of international humanitarian law."
As the deadline set by the Biden administration last month for Israel to step up aid deliveries to Gaza passed on Tuesday, human rights groups demanded that the U.S. stick to its commitment to holding the Israeli government accountable for what one advocate called "a campaign of ethnic cleansing."
But the White House's refusal over the last 13 months to follow U.S. and international law provoked doubt that it would do so.
U.S. Secretary of State Antony Blinken and Defense Secretary Lloyd Austin wrote a letter to Israeli Prime Minister Benjamin Netanyahu's government on October 13, giving Israel 30 days to allow at least 350 humanitarian aid trucks per day into Gaza, open a fifth crossing into the enclave, and ensure access to northern Gaza for aid groups, among other specific steps outlined in the letter.
Noncompliance would violate National Security Memorandum 20, which President Joe Biden issued in February to demand credible assurances from Israel that it was acting according to international law, and Section 620I of the Foreign Assistance Act, which prohibits the U.S. from providing military aid to countries that are blocking U.S. humanitarian aid.
Advocates have said for months that Israel and the U.S. have been violating both statutes, as mounting evidence has shown U.S. weapons have been used in Israeli attacks on civilians and United Nations experts have warned Gaza has descended into famine.
Louise Wateridge, a senior emergency officer for the U.N. Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), said Tuesday that the Biden administration's warning 30 days ago did not improve conditions in Gaza, with aid entering the enclave "at its lowest level in months."
"Thousands and thousands of people have been killed senselessly. They have been killed because there is lack of aid, because the bombs have continued, and because we have not been able to even reach them under the rubble," Wateridge said at a press briefing in Geneva. "The average for October was 37 trucks a day into the entire Gaza Strip... That is for 2.2 million people... Children are dying. People are dying every day."
With the number of daily deliveries since October 13 far below the level stipulated by the Biden administration, Wateridge emphasized that "anything that happens now is already too late."
As the deadline passed, Israel appeared eager to put new humanitarian aid efforts on display, with the Coordinator of Government Activities in the Territories (COGAT) posting on social media an image of a convoy delivering what it said were "hundreds of food and water packages to the Jabaliya and Beit Hanoun areas in 6n Gaza."
The military also arranged a photo call on Monday where journalists "were invited to film around eight aid trucks passing into Gaza," reported Jon Donnison at the BBC. "They were laden with sacks of flour, rice, and toilet paper, among other things."
"So, aid is getting into Gaza," wrote Donnison. "But nowhere near enough."
Before Israel began its bombardment of Gaza in October 2023, about 500 aid trucks entered the enclave each day.
A spokesperson for COGAT told the BBC Tuesday that "most aspects [of Blinken's demands] have been met and those which have not are being discussed."
The publisher of a Substack newsletter titled Gaza Updatessaid in response, "In other words, expect nothing today."
U.N. officials said this week that aid workers have been unable to deliver relief even after the Israel Defense Forces gave approval for deliveries in northern Gaza, which has been cut of from virtually all aid for more than a month. Israeli troops on the ground have restricted aid despite the IDF's approval.
In southern Gaza, hundreds of trucks containing aid have been sitting on the enclave's side of the border with Egypt because U.N. workers cannot reach them due to "lawlessness, theft, and Israeli military restrictions," according to The Associated Press.
As the deadline passed Tuesday, a coalition of human rights groups including Oxfam, Refugees International, and Save the Children released a scorecard assessing Israel's progress in complying with the conditions set by Blinken and Austin on October 13.
They found "outright failure" by Israel to meet 15 out of 19 measures of compliance, and said the IDF has only partially complied with the remaining four.
Israel has failed to allow 350 aid trucks into Gaza over the last month, said the groups, and has not ended the isolation of northern Gaza or allowed the International Committee of the Red Cross (ICRC) access to Palestinians detained by Israel, among other requirements set last month.
"The U.S. government once again laid out basic measures for how the government of Israel must follow international law and allow for aid delivery in Gaza," said Oxfam America president and CEO Abby Maxman. "Since then, we have seen Israeli forces accelerate their efforts to bombard, depopulate, deprive, and erase the Palestinian population of the North Gaza governorate. We are witnessing a campaign of ethnic cleansing."
"Oxfam and partner organizations are unable to provide any support to the remaining civilians in the North Gaza governorate, where people are dying every day," added Maxman. "jAccess to the rest of Gaza is also severely restricted, with civilians facing starvation and relentless violence. The U.S. must finally make this overdue call to suspend deadly arms sales to Israel or be complicit in the horrific atrocities unfolding before our eyes."
Michelle Nunn, president and CEO of CARE, said that with the letter sent to Netanyahu's government last month, the U.S. "created a critical opportunity to respond to the facts on the ground, and to insist upon accountability to our own laws."
"It is imperative to act now to prevent further loss of innocent life, the deepening of an extraordinary humanitarian crisis, and the continued erosion of U.S. credibility as an upholder of international humanitarian law," said Nunn.
The analysis, added Refugees International president Jeremy Konyndyk, "demonstrates that the Israeli government is violating its obligations under U.S. and international law to facilitate humanitarian relief for suffering Palestinians in Gaza."
"With experts again projecting imminent famine in north Gaza, there is no time to lose," he added. "The United States must impose immediate restrictions on security cooperation with Israel as required under Section 620I of the Foreign Assistance Act."