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leahy laws
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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House Democrats Say 'Impunity' for Israel Violates US Human Rights Law
"Numerous credible reports of gross violations of human rights by Israeli security forces have rightly placed U.S. enforcement of the Leahy Law in sharp focus."
Oct 04, 2024
As the death tolls from the U.S.-backed Israeli assaults on Gaza and Lebanon neared 42,000 and 2,000 respectively, a group of House Democrats this week urged the Biden administration to hold Israel accountable to human rights standards established under existing domestic law.
In a letter to Secretary of State Antony Blinken and Defense Secretary Lloyd Austin dated September 30 but first published Friday by HuffPost, the Democratic lawmakers—Reps. Jim McGovern (Mass.), Barbara Lee (Calif.), Betty McCollum (Minn.), Mark Pocan (Wis.), and Joaquin Castro (Texas)—expressed their "deep alarm regarding the lack of U.S. enforcement of the Leahy Law as it pertains to U.S. assistance to Israel."
Named after its author, former Sen. Patrick Leahy (D-Vt.), the Leahy Laws were approved in two rounds in the late 1990s. The legislation built on the Foreign Assitance Act of 1961, which prohibits U.S. military aid to foreign security forces that commit gross human rights violations.
"We strongly urge you to apply the law as written and act swiftly to bar any Israeli military unit that faces credible accusations of committing a gross violation of human rights from receiving U.S. assistance or training," the lawmakers wrote in their letter.
"As longtime friends and allies of Israel, we have supported, and continue to support, security assistance to Israel for the purposes of legitimate self-defense," the letter states. "Israel continues to face serious threats from Hamas, Hezbollah, and other terrorist groups. As it defends against these threats, Israel must ensure it is using U.S. security assistance and funding in compliance with U.S. law—whether in the West Bank, Gaza, Lebanon, or elsewhere."
According to the letter:Numerous credible reports of gross violations of human rights by Israeli security forces have rightly placed U.S. enforcement of the Leahy Law in sharp focus. Israeli and international human rights organizations have released credible reports of Israeli security units subjecting Palestinians in Israeli detention facilities to torture, ill-treatment, prolonged detetion without charges or trial, and rape under color of law. Extensive investigations by reputable media outlets have also documented multiple instances of civilians carrying white flags being shot and killed by the Israel Defense Forces (IDF) in Gaza.
The letter comes ahead of the anniversary of the Hamas-led October 7 attack on Israel and that country's retaliation, which has left more than 148,000 Palestinians in Gaza dead, maimed, or missing and millions more forcibly displaced, starved, and sickened.
Israel is currently on trial for genocide at the International Court of Justice, and International Criminal Court Prosecutor Karim Khan is seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, as well as for leaders of Hamas.
In recent weeks, Israel has also ramped up airstrikes and launched a ground invasion in Lebanon, from which Hezbollah has been launching aerial attacks on Israel since shortly after October 7. Thousands of Lebanese have been killed or wounded.
All of this is enabled by tens of billions of dollars worth of nearly unconditional U.S. military aid and diplomatic cover including multiple vetoes of United Nations Security Council cease-fire resolutions. While the Biden administration delayed shipment of a limited number of heavy bombs of a type that Israel was using to massacre civilians in densely populated areas, those shipments soon resumed, even as the Gaza death toll soared ever higher.
"The failure of the United States to consistently apply our own laws has contributed to a culture of impunity in the IDF that actively endangers the lives of U.S. citizens," the lawmakers asserted before highlighting "gross violation[s] of human rights" perpetrated by Israeli forces against several Americans.
These include Omar Assad, an elderly former Milwaukee grocer who in January 2023 was dragged from his vehicle, blindfolded, gagged, and handcuffed before falling silent while being detained in Jiljilya; renowned Al Jazeera correspondent Shireen Abu Akleh, who multiple probes found was deliberately shot dead while covering an IDF raid in the West Bank in May 2022; and, most recently, 26-year-old International Solidarity Movement (ISM) activist Ayşenur Ezgi Eygi, who was shot in the head during a September 6 demonstration against Israel's illegal West Bank settler colonies.
Israeli impunity for killing Americans far predates the examples listed in the letter. For example, in 2003, ISM activist Rachel Corrie was crushed to death by a U.S.-supplied Israeli military bulldozer while trying to stop the demolition of Palestinian homes in the West Bank. In 1967 Israeli warplanes and warships repeatedly attacked the spy ship USS Liberty in the Mediterranean Sea, killing 34 sailors and others and wounding 171 more in what numerous senior U.S. officials including the then-secretary of state and CIA director said was a deliberate act.
At least one American has also been killed by Israeli bombing in Lebanon this week. Hajj Kamel Ahmad Jawad, 56, of Dearborn, Michigan was killed in an airstrike Tuesday while in Nabatieth in southern Lebanon caring for his sick mother and volunteering to help elderly, disabled, and injured patients at a local hospital.
"When it functions properly, the Leahy Law serves two crucial purposes: It prevents U.S. complicity in gross violations of human rights, and it deters violations by incentivizing foreign governments to hold perpetrators accountable," the Democratic lawmakers wrote in their letter. "However, the Leahy Law can only serve these purposes when it is enforced."
Indeed, successive U.S. administrations have supported some of the world's worst human rights violators—including the perpetrators of genocidal mass murder in Indonesia, Paraguay, Cambodia, Guatemala, Bangladesh, East Timor, Kurdistan, and Gaza—since the passage of the Foreign Assistance Act and Leahy Laws.
"We strongly urge you to uphold the rule of law, bar assistance to any unit that is credibly implicated in a gross violation of human rights, and ensure perpetrators of crimes against American citizens face accountability and justice," the letter's signers concluded.
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The Bipartisan Vote to Fund War Crimes in Gaza Is a Moral and Legal Outrage
No matter how much money Congress sets aside for Israel, President Biden has the authority—and the responsibility—to enforce U.S. law to withhold that aid for as long as rampant human rights abuses are occurring.
May 04, 2024
The $95 billion military and foreign aid package Congress passed was a remarkable feat of bipartisanship—and a calamity for decency and humanity.
That’s primarily because of the $15 billion in military aid to Israel. Unless President Joe Biden’s State Department recognizes Israel’s egregious violations of humanitarian law and withholds that aid, those U.S. funds will directly help the Israeli military perpetuate its assault on the people of Gaza—in which the International Court of Justice four months ago ordered Israel to “prevent death, destruction, and any acts of genocide.”
The Israeli military’s operations have caused more than 34,000 deaths in Gaza, most of them women and children. And it will get worse: Gaza is on the brink of famine, due in large part to the Israeli military’s blockading of humanitarian aid, despite the Biden administration’s repeated (and ineffective) demands to allow more aid.
Providing material support to Israel even as it carries out a war violating international orders makes us complicit, too.
U.S. weapons have played a key role in this devastation. The U.S. was already slated to send $3.8 billion to the Israeli military in 2024, which it’s given annually for years. The new $15 billion package multiplies that sum.
The Israeli military has used U.S. weapons systems, including F-16s and Apache helicopters, in recent operations in Gaza. Less than a month ago, even as the Biden administration claimed to oppose a planned Israeli military operation in the city of Rafah, the administration nevertheless approved a transfer of 1,800 MK84 2,000-pound bombs and other munitions that the Israeli military has been using to devastate Gaza for months.
All of this is a moral outrage—and also a legal one. And that’s why President Biden still has the power to stop this.
Following its January ruling, in March the International Court of Justice ordered Israel to allow the free flow of humanitarian aid into Gaza. But that still hasn’t happened. Providing material support to Israel even as it carries out a war violating international orders makes us complicit, too.
U.S. aid also may violate our own domestic laws: For example, the Leahy Laws prohibit providing weapons or military aid to forces that commit human rights violations. The U.S. is belatedly considering placing limits on one Israeli military battalion for its violations of human rights, but the misery in Gaza isn’t the fault of one “bad apple” battalion. It’s the express policy of a far-right government enabled by U.S. aid.
The Israeli government, of course, welcomed the new military aid and announced that the U.S. relationship with Israel is now “ironclad.” The truth is that while the Biden administration has made some largely rhetorical efforts to mitigate the disastrous humanitarian impact of Israel’s war, those attempts have largely rung hollow—and the Israeli government has shown that it doesn’t much care what the Biden administration thinks.
Sending a massive new aid package now will only compound that dynamic.
Still, there is widespread public support—and growing support in Congress—for conditioning or withholding aid. A recent CBS News poll found that 60% of Americans would prefer President Biden encourage Israel to decrease or stop military actions in Gaza. And a recent Pew poll found that among Americans aged 18-29, the largest segment strongly opposed sending more military aid to Israel.
That opposition by young Americans has become crystal clear as hundreds of student demonstrators against the war have been arrested at college campuses around the country—and yet they keep on protesting.
With most Americans telling pollsters they support a cease-fire in the war, the students’ demands are quite popular. And so are the domestic programs we could fund with money lawmakers want to send Israel.
After all, funds reclaimed from military aid could be reinvested in desperately needed domestic programs. One example is the Earned Income Tax Credit, which puts money in the hands of low-income workers—and which President Biden has proposed expanding by $15 billion in 2025. That would be a much better use of $15 billion than potentially breaking U.S. and international law to fund a deadly, unpopular war.
No matter how much money Congress sets aside for Israel, President Biden has the authority—and the responsibility—to enforce U.S. law to withhold that aid for as long as rampant human rights abuses are occurring.
It’s still the right thing to do—and likely to be a political winner.
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