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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.
We all have a choice to hold ourselves accountable in the face of Dr. King's warning that we are approaching spiritual death.
Over the past three years, a collective of volunteer researchers, lawyers, and commentators created The Merchants of Death War Crimes Tribunal, dedicated to holding accountable four weapon manufacturing corporations based in the U.S. Their tribunal amassed copious evidence to prove that Boeing, Lockheed Martin, RTX (formerly Raytheon), and General Atomics (a company which manufactures weaponized drones) are guilty of committing war crimes. On January 15, 2025, as the world marks the birth of the Rev. Dr. Martin Luther King, a press conference will announce the tribunal's verdicts and release the report of 10 international jurors who have weighed the evidence submitted to them.
Of necessity, the evidence was culled from examining a limited range of devastatingly criminal U.S. "forever wars," of brutal and needless wars of choice. The tribunal focused on specific U.S. war crimes and crimes against humanity in the invasions, occupations, and aerial assaults that followed the "9/11" attacks in 2001.
What if we could enlarge the tribunal, bringing before it war crimes occurring right now, the U.S.-assisted massacres we watch in real time on our phone and computer screens?
Certainly, one witness we would beg to appear for testimony would be Dr. Husam Abu Safiya, who was the director of Gaza's Kamal Adwan Hospital when such a place existed. The tribunal would wish to amplify his testimony on the harrowing weeks of siege during which Israel subjected his hospital to artillery and aerial bombardment. They would help to record his story of witnessing assassinations targeting medical staff, field executions of people clutching white flags in an attempt to surrender, the hospital's forced evacuation with at-gunpoint humiliation stripping of women and girls. The initial attacks disabled the hospital's operational capacities by targeting power generators and oxygen production equipment, but now an iconic photo shows Dr. Abu Safiya walking toward an Israeli tank through collapsed buildings and rubble. The tribunal would like to interview him, but he is being held without charge by Israel's military.
Our tribunal would surely turn to three of the world's most crucial international human rights groups for testimony.
On December 5, 2024, Amnesty International concluded that Israel is committing genocide against Palestinians in Gaza. Its research documents how, during its military offensive launched in the wake of the deadly Hamas-led attacks in southern Israel on October 7, 2023, "Israel has unleashed hell and destruction on Palestinians in Gaza brazenly, continuously, and with total impunity."
On December 19, 2024 Médecins Sans Frontières (MSF, Doctors Without Borders) stated that "repeated Israeli military attacks on Palestinian civilians over the last 14 months, the dismantling of the healthcare system and other essential infrastructure, the suffocating siege, and the systematic denial of humanitarian assistance are destroying the conditions of life in Gaza." The report says there are "clear signs of ethnic cleansing" by Israel as it wages war in Gaza.
Also issued on December 19, 2024 was a report from Human Rights Watch, entitled "Extermination and Acts of Genocide," stating that Israel has killed thousands of Palestinians in Gaza by denying them clean water, which it says legally amounts to acts of genocide and extermination.
Corroborating the testimony of healthcare workers and human rights advocates in Gaza would be Pope Francis' January 9, 2025 message to international diplomats. Pope Francis denounced Israel's ongoing war in Gaza, calling the humanitarian situation in the Palestinian enclave "very serious and shameful." Pope Francis referenced the deaths of children who froze to death because of Israel's destruction of infrastructure: "We cannot in any way accept the bombing of civilians. We cannot accept that children are freezing to death because hospitals have been destroyed or a country's energy network has been hit."
Recommendations made by jurors in the Merchants of Death War Crimes Tribunal call for major weapon makers to pay reparations for suffering caused. They echo the words of Pope Francis, whose message to the assemblage of diplomats made this appeal:
With the money spent on weapons and other military expenditures, let us establish a global fund that can finally put an end to hunger and favor development in the most impoverished countries, so that their citizens will not resort to violent or illusory solutions, or have to leave their countries in order to seek a more dignified life.
Considering such testimony from so many diverse sources, one might expect that U.S. lawmakers would reevaluate their murderous, unwavering support of Israel. Instead, on January 9, 2025, the U.S. House of Representatives voted to sanction the International Criminal Court in protest of its arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister.
Who are the criminals? U.S. news coverage of five former or current presidents gathered for the funeral of President Jimmy Carter never hinted that hideous wars of choice along with massive increases in weapon sales had marked the administration of each of the five. There was no mention of President Joe Biden's order to send $8 billion dollars of weapons to Gaza. This gathering of U.S. presidents is referred to as "The World's Most Exclusive Club." Exclusive indeed. What other club of so few has caused so much suffering to so many?
On April 7, 1967, Dr. Martin Luther King Jr. gave his famously insightful, prophetic speech about another illegal U.S. war of choice—"Beyond Viet Nam: A Time to Break the Silence"—in which Dr. King said, "Increasingly, by choice or by accident, this is the role our nation has taken: the role of those who make peaceful resolution impossible by refusing to give up the privileges and the pleasures that come from the immense profits of overseas investments."
Dr. King's verdict, in this speech, on the momentous first anniversary of which he was taken from us, was that "this business of burning human beings with napalm, of filling our nation's homes with orphans and widows, of injecting poisonous drugs of hate into the veins of peoples normally humane, of sending men home from dark and bloody battlefields physically handicapped and psychologically deranged, cannot be reconciled with wisdom, justice, and love. A nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death."
The four defendants before our tribunal certainly did their part to pressure these five other criminals toward their varied crimes, but we all have a choice to hold ourselves accountable in the face of Dr. King's warning that we are approaching spiritual death. One step toward reconciling with wisdom, justice, and love would be to demand the release of Dr. Husam Abu Safiya from an Israeli prison so that we could humbly learn from him about war crimes and reparations.
"There is a linkage between every single bomb that is dropped in Gaza and the U.S.," said one former official.
In a Sunday interview with 60 Minutes, former State Department officials spoke with journalist Cecilia Vega and offered a window into how the United States has greased the wheels of carnage in Gaza.
Hala Rharrit, an American diplomat who spent 18 years working on human rights and counterterrorism in the Middle East and elsewhere, left her post last spring—becoming the first State Department diplomat to publicly resign over the Biden administration's policies backing Israel's siege on Gaza, according to Democracy Now!.
Rharrit would send daily reports to senior leadership in Washington containing "gruesome images and her warnings," according to 60 Minutes. "I would show the complicity that was indisputable. Fragments of U.S. bombs next to massacres of... mostly children," Rharrit recounted.
Here's what else Rharrit had to say:
Cecilia Vega: When you tried to speak out, vocalize what you saw.... like you were told to shut up?
Hala Rharrit: Yes. I would show images of children that were starved to death. In one incident, I was basically berated, "Don't put that image in there. We don't wanna see it. We don't wanna see that the children are starving to death."
Cecilia Vega: Who told you that?
Hala Rharrit: A colleague.
The United States has offered largely unchecked support for Israel since Hamas fighters attacked Israel on October 7, 2023, prompting Israel to launch attacks on the Gaza Strip. The U.S. has provided Israel with at least $17.9 billion in military aid to its ally in the Middle East, and in early January the State Department informed Congress of a planned $8 billion arms sale. Local health officials in Gaza say the death toll in the enclave stands at over 46,000. However, a recently published peer-reviewed analysis estimates that Israel's assault on Gaza had actually killed 64,260 people between October 7, 2023 and June 30, 2024—a figure significantly higher than the one reported by the enclave's health ministry.
Meanwhile, multiple human rights organizations have said that Israel's conduct in Gaza constitutes genocide or acts of genocide.
60 Minutes tallies that 13 officials in the White House, Army, and State Department have publicly resigned in protest.
"There is a linkage between every single bomb that is dropped in Gaza and the U.S. because every single bomb that is dropped is dropped from an American-made plane," Josh Paul, a former director in the State Department's Bureau of Political - Military Affairs who resigned shortly after October 7, told 60 Minutes.
"After October 7th, there was no space for debate or discussion. I was part of email chains where there were very clear directions saying, 'Here are the latest requests from Israel. These need to be approved by 3:00 pm,'" said Paul, who was involved in signing off on U.S. security assistance to other countries.
Andrew Miller, a former deputy assistant secretary of state for Israeli-Palestinian affairs, resigned last June to spend more time with his family, but has since gone public with concerns about U.S.'s role in the war—the highest ranking official to do so thus far, according to 60 Minutes.
In reference to 2,000-pound bombs that the U.S. has supplied to Israel, Miller said that "the Israelis were using those bombs in some instances to target one or two individuals in densely packed areas. And in enough instances, we saw that was in question, how Israel was using it. And those weapons were suspended."
The U.S. suspended a shipment of 2,000 pound bombs to Israel in spring 2024, though in general weapons have continued to flow.
Reacting to Miller’s comments that Israel bombed densely packed areas, one observer wrote Sunday: “60 Minutes is finally exposing the supply chain of genocide.”