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"The Biden administration seems to be ready and willing to keep piling more and more, despite Gaza descending into what President Biden just yesterday described as 'hell,'" said Amnesty International USA.
Just hours after a
cease-fire between the Israeli government and Lebanese group Hezbollah took effect, the Financial Times revealed that "U.S. President Joe Biden has provisionally approved a $680 million weapons sale to Israel," which has also spent the past nearly 14 months decimating the Hamas-governed Gaza Strip.
Citing unnamed people familiar with the matter, the British newspaper reported that "U.S. officials recently briefed Congress on the plan to provide thousands of additional joint direct attack munition kits to Israel, known as JDAMS, as well as hundreds of small-diameter bombs."
The Biden administration's decision to advance the sale was subsequently confirmed by Reuters, which reported that "the package has been in the works for several months. It was first brought to the congressional committees in September then submitted for review in October."
Human rights advocates critical of Israel's assaults on Lebanon and Gaza—which has led to a genocide case at the International Court of Justice and International Criminal Court (ICC) arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant—responded with alarm to the new reporting.
"If these reports are true, it's heartbreakingly devastating news," said Amnesty International USA. "These are the weapons that our research has shown were used to wipe out entire families, without any discernable military objective."
Amnesty highlighted a trio of resolutions from Sen. Bernie Sanders (I-Vt.) that would have halted some arms sales to Israel. Although they failed to pass the Senate last week, the group was among several that noted over the course of three votes, 17, 18, and 19 senators supported halting weapons sales, "sending a clear signal that U.S. policy must change."
"Yet, the Biden administration seems to be ready and willing to keep piling more and more, despite Gaza descending into what President Biden just yesterday described as 'hell,'" Amnesty added Wednesday. "Sending more weapons that have been used to maim and kill with impunity doesn't just put in jeopardy Palestinian lives and the elusive cease-fire the president is seeking, but also President Biden's own legacy."
The Institute for Middle East Understanding Policy Project declared Wednesday that "President Biden is spending the final days of his presidency going against the will of most Americans, U.S. law, and international law."
"The weapons included in this package have been used by Israel in numerous apparent war crimes," the organization noted. "On July 13, 2024, Israel attacked a so-called 'safe zone' in al-Mawasi, in which internally displaced Palestinians were sheltering, killing at least 90 people and injuring hundreds more. A
CNN investigation found that Israel carried out this attack with at least one JDAM."
John Ramming Chappell, an adviser on legal and policy issues at the Center for Civilians in Conflict, similarly
stressed that "these are the very same weapons that for months Israeli forces have used to kill Palestinian civilians and violate international humanitarian law."
"Continuing arms transfers risks making the United States and US officials complicit in war crimes," he said. "These arms sales are unlawful as a matter of both U.S. and international law. They are immoral. The congressional committees of jurisdiction can and must place a hold on the sales."
Sarah Leah Whitson, executive director of Democracy for the Arab World Now, pointed out that "aiding and abetting war crimes and crimes against humanity is itself a crime for which U.S. officials may (and should) face prosecution at the ICC."
Neither the U.S. nor Israel is a state party to the Rome Statute of the ICC, though Palestine is. Both the Biden administration and President-elect Donald Trump's pick for national security adviser have attacked the warrants for Israeli leaders.
In a speech to Israelis on Tuesday, Netanyahu said that one of the reasons for the cease-fire in Lebanon "is to give our forces a breather and replenish stocks. And I say it openly, it is no secret that there have been big delays in weapons and munitions deliveries. These delays will be resolved soon. We will receive supplies of advanced weaponry that will keep our soldiers safe and give us more strike force to complete our mission."
According to the Financial Times:
U.S. officials have denied there is any explicit link between the cease-fire deal and approval for the latest weapons delivery. While the cease-fire deal includes a so-called side letter from the U.S. to Israel, setting out Washington's support for a certain freedom of Israeli action, people familiar with the text said it included no guarantees of weapon sales.
U.S. officials also deny that there have been deliberate delays to weapons shipments, aside from shipments of 2,000-pound bombs, which Biden paused earlier this year over concerns about their use in densely populated areas of Gaza.
The Times of Israelreported that Biden's State Department declined to confirm the advancement of the package but said that U.S. support for Israel in the face of Iran-backed threats is "unwavering" and all weapon transfers are carried out in line with federal law.
"We have made clear that Israel must comply with international humanitarian law, has a moral obligation and strategic imperative to protect civilians, investigate allegations of any wrongdoing, and ensure accountability for any abuses or violations of international human rights law or international humanitarian law," the State Department said.
As of Wednesday, officials in Gaza said the death toll had hit at least 44,282 Palestinians with another 104,880 people injured.
"International and U.S. law, as well as your administration's policies including NSM-20," said the groups, "require suspending weapons transfers to the Israeli government."
As U.S. State Department spokesperson Matthew Miller was telling reporters on Tuesday that assessments regarding whether Israel is abiding by international humanitarian law in Gaza are ongoing, more than two dozen rights groups were telling the Biden administration that it need look no further than its own memo released months ago to see that the U.S. must end its support for the Israeli military.
Groups including Amnesty International, the Center for Civilians in Conflict, and Refugees International were among 25 organizations that signed a letter sent Tuesday to President Joe Biden; Vice President Kamala Harris, the Democratic presidential nominee; and their foreign policy advisers. The letter was sent a day after the British government announced it was suspending 30 arms export licenses for Israel, citing "a clear risk that they might be used to commit or facilitate a serious violation of international humanitarian law."
The letter pointed out that it's been nearly four months since the administration released its report on May 10 on National Security Memorandum 20 (NSM-20), which "concluded that U.S.-provided arms had likely been used by Israeli security forces in manners 'inconsistent with its IHL [international humanitarian law] obligations.'"
NSM-20, issued in February, required Secretary of State Antony Blinken to confirm that countries using U.S. weapons—including Israel, which has received more than 100 military transfers from the U.S. since last October—are not blocking U.S. humanitarian aid and are using the weapons in accordance with international law.
The groups on Tuesday noted that despite the finding in the May 10 report, the administration claimed that Israel's assurances that it had not used U.S. weapons in strikes that violated international law were "credible and reliable," and that the U.S. would not suspend weapons transfers at that time.
The claim that Israel's assurances were credible was in direct opposition to a leaked internal memo in which four State Department officials said they had "serious concern over non-compliance" with international law.
"Since your May 10 report, the U.N. estimates a 300% increase in acute malnutrition in Northern Gaza."
The official assessment released in May also "stood in stark contrast to the realities in Gaza and across occupied Palestine and appeared to blatantly disregard both the requirements of U.S. law and policy and extensive documentation submitted by human rights and humanitarian organizations and independent experts," reads the new letter, citing reports by Amnesty International, Human Rights Watch, and other groups that detailed how U.S. weapons have been used in attacks that killed civilians and could constitute war crimes.
Moreover, the letter states, "the humanitarian catastrophe in Gaza has only worsened" since the NSM-20 report, but the U.S. policy of providing "virtually unconditional military support for the Israeli government continues."
The letter notes that the U.S. continues to support the Israel Defense Forces (IDF) despite continued restrictions on aid flowing into Gaza by Israel, with the level of aid entering Gaza through the Karem Abu Salem crossing dropping by more than 80% over the past three months.
"As a result of the compounding access and delivery challenges, malnutrition and the perpetual risk of famine remains rampant across Gaza," wrote the groups. "Since your May 10 report, the U.N. estimates a 300% increase in acute malnutrition in Northern Gaza, while the Integrated Food Security Phase Classification, the leading analyst on food insecurity, found in June that all of Gaza is at high risk of famine and 96% of the population is currently food insecure."
Annie Shiel, U.S. advocacy director for the Center for Civilians in Conflict, noted that the Biden administration's continued military support for Israel as famine takes hold of Gaza may violate the Humanitarian Aid Corridor Act—Section 620I of the Foreign Assistance Act of 1961.
The Biden administration's continued support for the IDF sends "a political signal of unconditional support for Israel's conduct," said Shiel. "The U.S. has the leverage to bring about a cease-fire—but chooses not to use it."
The letter on Tuesday also pointed to numerous reports that U.S.-made weapons have been used by Israel in attacks that killed civilians since May 10, including:
"These developments should compel the United States to suspend arms transfers to the Israeli government under the Conventional Arms Transfer policy, which prohibits arms transfers when 'the United States assesses that it is more likely than not that the arms to be transferred will be used by the recipient to commit, facilitate the recipients' commission of, or to aggravate risks that the recipient will commit' serious violations of international humanitarian or human rights law," wrote the groups.
The organizations urged "an immediate, public review of Israel's compliance with NSM-20, accounting for the numerous apparent violations of international law and restrictions on humanitarian aid documented by civil society and the media since May 10 and throughout the NSM-20 reporting period."
As U.S. support continues, said the groups, "the risk of United States' and U.S. officials' complicity in Israeli violations of international law due to U.S. arms transfers has only increased."
"We urgently call upon your administration to change its approach and suspend weapons transfers to Israel, which continue to cause devastating harm and risk making the United States complicit in war crimes," they wrote. "International and U.S. law, as well as your administration's policies including NSM-20, require suspending weapons transfers to the Israeli government."
"U.S. arms transfers to Israel have fueled unimaginable suffering in Gaza, including staggering levels of civilian harm," said one embargo advocate.
As the Palestinian death toll from Israel's 314-day assault on Gaza passed 40,000—a figure Palestinian and United Ntions officials say is made up of mostly women and children and is likely a vast undercount—human rights groups this week decried the Biden administration's approval of $20 billion worth of new weapons for Israel and renewed pleas for Congress to block further arms transfers to the nation's far-right government.
On Tuesday—just days after Israeli forces used at least one U.S.-supplied bomb in an airstrike on a Gaza City school that killed scores of forcibly displaced Palestinian civilians sheltering there—the Biden administration notified Congress of the pending sale of a new weapons package that includes dozens of F-15 fighter jets, tens of thousands of 120mm mortar shells, over 32,700 tank shells, and 30 Advanced Medium Range Air-to-Air Missiles.
Since October, Congress and the Biden administration have approved more than $14 billion in unconditional military aid to Israel. President Joe Biden has signed off on more than 100 arms transfers to Israel during that period. This, atop the $3.8 billion in annual armed aid the U.S. already gives to the key Middle Eastern ally.
"Israel used U.S.-made weapons in May when it slaughtered Palestinian families sheltering in tent camps in Rafah," Jewish Voice for Peace (JVP) said Wednesday. "Israel used U.S.-made weapons when it bombed the al-Mutanabbi school in Khan Younis in early July, killing over two dozen displaced Palestinians seeking refuge there. And it used U.S.-made weapons on Saturday to murder over 100 Palestinians while they prayed."
"Biden continues to send weapons to Israel, and both political parties—Republicans and Democrats—have cheered on the Israeli government's slaughter and genocide of Palestinians in Gaza," JVP continued. "This is a U.S.-perpetrated genocide as much as it is an Israeli one."
"But the Democratic voting base is calling for something different, and we have seen the progressive and increasingly mainstream wing of the party begin to echo this need," the group said. "We are playing a critical role in driving the Democratic Party to finally catch up to the demands of its own base."
"Right now, we have an opportunity to re-center Gaza in the national conversation and continue building pressure on the Biden administration, on [Vice President] Kamala Harris, and on Democratic members of Congress to support an immediate arms embargo," JVP added.
While Harris has expressed sympathy for Palestinians suffering what she called a "humanitarian catastrophe" in Gaza, the vice president and Democratic presidential nominee, like Biden, has proclaimed her "unwavering" support for Israel. One aide said last week that Harris does not support an arms embargo.
"The decision to approve yet another massive sale of arms to Israel is appalling and a blatant violation of U.S. and international law and policy," Annie Shiel, the U.S. advocacy director at the Center for Civilians in Conflict, said on Thursday.
"U.S. arms transfers to Israel have fueled unimaginable suffering in Gaza, including staggering levels of civilian harm, the destruction of civilian infrastructure, and an ever-growing humanitarian catastrophe," Shiel continued. "The U.S. is complicit in this devastation."
"Congress must block these sales, including through the introduction of joint resolutions of disapproval," she added, "and the Biden-Harris administration must finally end U.S. arms transfers and use its leverage to bring about an immediate cease-fire."
The international anti-poverty NGO ActionAid said Thursday: "We are outraged and heartbroken by the staggering loss of 40,000 lives in Gaza. It is a number that is incomprehensible—every life lost is an individual tragedy."
"But this is not an inevitable one, it is an ongoing atrocity, and it could have been prevented," the group continued. "Most governments across the world have refused to do the bare minimum to protect civilian life and it is to our collective shame. We are losing confidence each day in the concept of justice."
"We reiterate our calls for an immediate cessation of hostilities and urge all governments to meet their obligations under international law and use all available means to take immediate and decisive action to ensure the safety and security of all civilians," ActionAid said.
"We call for the imposition of sanctions, including travel bans and asset freezes, on Israeli officials linked to alleged violations of international humanitarian law," the NGO added. "Every day that you choose to avoid this as a reality, this death toll will keep rising until there is nobody left in Gaza alive."
In addition to the South Africa-led genocide case against Israel at the International Court of Justice, International Criminal Court (ICC) Prosecutor Karim Khan has applied for warrants to arrest Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, and for three Hamas leaders, at least one of whom has been assassinated by Israeli forces.
The Biden administration and numerous members of Congress have condemned the courts' pursuit of justice for Israel and its leaders. In June, 42 Democrats joined nearly every Republican in the House of Representatives in passing a bill that would sanction ICC officials over Khan's application for arrest warrants for Netanyahu and Gallant.
In addition to rights groups, a coalition of journalists, news outlets, and press freedom organizations on Thursday implored the Biden administration to immediately halt arms transfers to Israel.
As the tight 2024 presidential race between Harris and former President Donald Trump, the Republican nominee, heads toward the home stretch, a survey commissioned by the Institute for Middle Eastern Understanding Policy Project and conducted by YouGov revealed this week that Democratic and Independent voters in the key swing states of Arizona, Georgia, and Pennsylvania would be more willing to vote for Harris if she backed an arms embargo on Israel.