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Global Fury After State Dept Claims Israel Not Violating US Law by Blocking Gaza Aid
"This will be the Biden administration's legacy: unconditional support for war crimes and complicity in genocide," said one group.
Nov 12, 2024
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."
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Continuing 'Ethnic Cleansing' Campaign, Israel Blows Past US Deadline for Gaza Aid
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."
Nov 12, 2024
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."
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'Grotesque': Israeli Knesset Bans UN Agency in Charge of Humanitarian Aid in Gaza
"This legislation not only contravenes the basic principles of human rights that led to the U.N. General Assembly's founding of UNRWA, but also violates a range of Israel's international legal obligations."
Oct 28, 2024
Over a year into Israel's obliteration of the Gaza Strip, Israeli lawmakers faced sharp criticism on Monday after voting for a pair of bills targeting the United Nations agency responsible for humanitarian aid in the illegally occupied Palestinian territories.
The first bill, which says that the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) "will not operate any missions, won't provide any service, and won't hold any activity—directly or indirectly—in the sovereign territory of the state of Israel," passed the Israeli parliament 92-10.
The second legislative proposal—under which the Israeli agency that handles humanitarian issues, the Coordinator of Government Activities in the Territories (COGAT), will have to cut off contact with UNRWA—passed the 120-member Knesset 87-9. Critics called the votes "grotesque" and "outrageous."
The Israel-based organization Adalah said in a statement that "despite widespread international pressure and condemnation, the Knesset has nearly unanimously passed two bills aimed at dismantling UNRWA, all while Israel continues its genocidal assault on Gaza and intensifies violence across the West Bank, including East Jerusalem."
"This legislation threatens a vital lifeline for over 2.5 million Palestinian refugees throughout the occupied Palestinian territory," the group warned. "It represents a deliberate attempt to fundamentally undermine UNRWA and its essential mission of supporting the relief, education, and human development of Palestinian refugees. Specifically, the laws aim to strip Palestinians—who were forcibly displaced from their homes during the 1948 Nakba and the 1967 war—of their status as refugees and their right of return."
The United Nations General Assembly created UNRWA in 1949, in the wake of the Nakba, or "catastrophe," when more than 750,000 Palestinians fled or were forced from their homeland to establish the modern state of Israel—whose officials have claimed without providing evidence that a dozen of the agency's 13,000 staffers in Gaza were involved with the Hamas-led October 7, 2023 attack on Israel.
"This legislation not only contravenes the basic principles of human rights that led to the U.N. General Assembly's founding of UNRWA, but also violates a range of Israel's international legal obligations, including those under the Genocide Convention and the Rome Statute of the International Criminal Court," said Adalah. "The international community must hold Israel accountable."
Although Israel faces a South Africa-led genocide case at the International Court of Justice over its war on Hamas-controlled Gaza—which has killed at least 43,020 people and injured another 101,110 since last October—governments around the world have not acted to stop the bloodshed. The U.S. Congress and President Joe Biden's administration have even provided Israel with billions of dollars in military aid and blocked cease-fire resolutions at the United Nations.
Earlier this month, the Biden administration finally threatened to cut off weapons if the Israeli government does not take "urgent and sustained actions" to improve humanitarian conditions in Gaza within 30 days. U.S. Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin's letter specifically raised concerns about the legislation that passed the Knesset Monday.
Asked about the Israeli bills on Monday, Matthew Miller, a U.S. State Department spokesperson frequently slammed for his statements about Israel, pointed to the secretaries' criticism of the legislation in the recent letter and acknowledged that UNRWA serves the West Bank and plays "an irreplaceable role" in Gaza, where Palestinians are starving to death.
Sally Abi Khalil, Oxfam's regional director in the Middle East and North Africa, said Monday that "Israel has bombed Palestinians to death, maimed them, starved them, and is now ridding them of their biggest lifeline of aid. Piece by piece, Israel is systemically dismantling Gaza as a land that is autonomous and liveable for Palestinians."
"Its banning of UNRWA today is condemnable and another step in this crime," she argued. "The decision will further undermine the ability of the international community to provide sufficient humanitarian aid and to save lives in any safe, independent, and impartial way. UNRWA was not only the biggest and most established agency that has been delivering aid and sustenance to the people of Gaza for years, it was also a thread that connected them in some hope of solidarity and security to the United Nations."
"We are in no doubt that Israel and its allies are fully aware of the terrible consequences that this decision will have on Palestinians living in Gaza, many of whom are already starving," she added. "We join others in warning again that this will result in more death, more suffering, and more forced displacement of people from their besieged homeland. It is impossible not to believe that this is their aim."
Leading up to the votes, human rights advocates have been sounding the alarm. On Saturday, over 50 groups including Oxfam, Human Rights Watch, and ActionAid released a joint statement demanding action and warning that "dismantling UNRWA would be catastrophic for Palestinians especially in Gaza and the West Bank as they are deprived of essentials such as food, water, medical aid, education, and protection. It will also have catastrophic consequences for millions of Palestinian refugees in Lebanon, Jordan, and Syria, where essential humanitarian aid is crucial for both the refugees and the host communities."
Philippe Lazzarini, the UNRWA commissioner-general, delivered a similar warning on social media Monday, declaring that the Knesset action not only "is unprecedented and sets a dangerous precedent" but "it opposes the U.N. Charter and violates the state of Israel's obligations under international law."
"This is the latest in the ongoing campaign to discredit UNRWA and delegitimize its role towards providing human-development assistance and services to Palestine Refugees," he continued. "These bills will only deepen the suffering of Palestinians, especially in Gaza where people have been going through more than a year of sheer hell."
"It will deprive over 650,000 girls and boys there from education, putting at risk an entire generation of children," Lazzarini added. "These bills increase the suffering of the Palestinians and are nothing less than collective punishment."
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