The Biden administration
should follow US law and immediately suspend arms transfers to Israel, Human
Rights Watch (HRW) and Oxfam said
recently.
اضافة اعلان
The two major international nongovernmental
organizations on March 19, 2024, submitted a joint memorandum to the US
government regarding Israel’s violations of international humanitarian law
including with US weapons and the blocking of US-funded humanitarian
assistance.
“There are good reasons
why US law prohibits arms support for governments that block life-saving aid or
violate international law with US weapons,” said Sarah Yager, Washington
director at Human Rights Watch.
“Given ongoing
hostilities in Gaza, the Israeli government’s assurances to the Biden
administration that it is meeting US legal requirements are not credible.” She
added.
The submitted
Oxfam-Human Rights Watch memorandum summarizes a wide range of Israeli
violations of international humanitarian law, deprivation of services critical
to the survival of the civilian population, and arbitrary denial and
restrictions of humanitarian aid since the Hamas attack on Israel on October 7,
2023.
There are good reasons why US law prohibits arms support for governments that block life-saving aid or violate international law with US weapons,” said Sarah Yager, Washington director at Human Rights Watch.
These include the use of
US-supplied white phosphorus in military operations in Lebanon and Gaza in
October, indiscriminate or disproportionate strikes on or near several major
hospitals between October 7 and November 7, as well as a strike on a marked ambulance
that reportedly killed 15 people and injured 60, systematic blocking of
assistance including aid substantially provided by the US from reaching around
300,000 Palestinians remaining in northern Gaza, the bombardment and
significant destruction of Oxfam and other partner organizations’ water
infrastructure, rendering much of it inoperable.
Besides, Oxfam and Human
Rights Watch said in their memorandum that they were confident that the
examples they cited reflected a broader pattern of conduct than is currently
being evaluated by the US Government.
Six months into an unprecedented and brutal
assault on the Gaza Strip following the Oct. 7 attack carried out by Hamas
killing 1,139 Israelis, Israeli inhuman military operations have already killed
at least 32,142 and injured 74,412 Palestinians, brought untold suffering,
immense harm to civilians and a devastating humanitarian crisis.
About 1.2 million
Palestinians have been forced to take refuge in Rafah southern Gaza, where they
are bracing for what might come next as Israeli Prime Minister Benjamin
Netanyahu is planning to launch a ground invasion inside the city brimming with
internally displaced Palestinians.
Yet again, the impending
attack raises grave concerns about US support for Israel, particularly the arms
transfer the Biden administration continues to provide. However, President Joe
Biden’s response — the direct result of pressure from Senate Democrats —was the
National Security Memorandum NSM-20.
NSM-20 is a policy directive that could create
opportunities for the administration and Congress to ensure US-funded arms are
not used in violation of international humanitarian and human rights law.
Although NSM-20 does not single out Israel, it is clearly in response to its
war in Gaza.
NSM-20 is a policy directive that could create opportunities for the administration and Congress to ensure US-funded arms are not used in violation of international humanitarian and human rights law. Although NSM-20 does not single out Israel, it is clearly in response to its war in Gaza.
The memorandum was
issued on February 8 as part of a collaboration between the White House and
Sen.
Chris van Hollen, D-Md. who has consistently
raised concerns about Israel’s conduct over the past months and sought to
include an amendment to Biden’s requested emergency supplemental, which would
provide Israel with $14 billion in unconditioned security assistance, and has
passed the Senate.
Biden’s new memorandum,
which draws from Van Hollen’s amendment, revolves around a requirement that all
countries receiving US security assistance provide ‘credible and reliable
written assurances’ regarding their compliance with international law. Countries
engaged in armed conflict must do so within 45 days.
However, despite Israeli
restrictions on humanitarian aid and its unprecedented violence against
Palestinians in Gaza - an apparent violation of international humanitarian law,
the Israeli government on March 15, submitted its ‘assurances’ to the US State
Department that it is not arbitrarily blocking US humanitarian assistance and
not violating international humanitarian law as part of its compliance with
National Security Memorandum- NSM-20.
On its part, “Oxfam has
repeatedly sounded the alarm that Israel’s ongoing bombardment and siege, and
its actions to prevent access for humanitarian aid, have escalated a
catastrophic humanitarian crisis in Gaza,” Scott Paul, associate director for
peace and security at Oxfam America said.
“We have laid out clearly for the Biden administration why any
assurances from Israel that they have not delayed, restricted, and impeded aid
into Gaza cannot be relied upon. Despite this, the US has continued to provide
Israel with deadly weapons.”
“The time has long
passed for the Biden administration to end lethal arms sales to Israel, and we
call on them to do so now and work to end the death and suffering in Gaza.” He
added.
Consecutive US administrations in the past have refused to condition military aid to Israel in compliance with international law and were reluctant to do so, even in the face of credible allegations of Israel authorizing illegal settlements, carrying out indiscriminate bombing, treating detainees inhumanely, or restricting food, water, and gas to Palestinian civilians.
Besides, the joint
submission has been released as the government of Israel is deliberately
blocking and undermining the international humanitarian response in the Gaza
Strip amid mounting catastrophic hunger in most parts of the Gaza Strip.
Oxfam and Human Rights
Watch urged Secretary of State Antony Blinken and Defense Secretary Lloyd
Austin to consider expected future violations when determining the credibility
of the Israeli government’s assurances.
“Oxfam and Human Rights Watch believe a
suspension of arms transfers to Israel is necessary so long as there is an
overriding risk that they are being used to commit or facilitate serious
violations of international humanitarian and human rights law, and US law and
policy,” the groups said in their report.
Earlier on March 12 a
joint letter to President Biden was sent by 25 NGOs expressing their deep
concern regarding continued US security assistance to Israel and urged the
Administration to Comply with US Law and end its support for catastrophic human
suffering in Gaza.
Although President
Biden’s NSM-20 memorandum aside from its loopholes and limitations is a step
forward in some ways, specifically in helpful reporting requirements, it isn’t
obvious how in the context of Israel, this policy avoids being another performative
measure, creating additional processes that keep policymakers and lawyers in
the bureaucracy busy while maintaining the status quo concerning arms
transfers.
Consecutive US
administrations in the past have refused to condition military aid to Israel in
compliance with international law and were reluctant to do so, even in the face
of credible allegations of Israel authorizing illegal settlements, carrying out
indiscriminate bombing, treating detainees inhumanely, or restricting food,
water, and gas to Palestinian civilians.
This has been the case
even when the alleged actions run counter to relevant US law or directly
contradict the explicit policies of its administration.
If applied objectively,
the president’s own Conventional Arms Transfer (CAT ) Policy, the departments
of State and Defense Leahy laws, and 620I of the Foreign Assistance Act - all
of which are cited in NSM-20—arguably restrict some assistance to Israel.
However, to date, public
reporting and indications from US officials clearly suggest that is not
happening.
Palestinians have no
time to wait for more US government processes - the Israeli war in Gaza is
still ongoing, and hundreds of Palestinians are being killed and wounded daily
while the world watches silently.
Besides, Israeli Prime
Minister Benjamin Netanyahu is ready anytime to launch his ground invasion
inside Rafah where Palestinians are internally displaced although Biden has
been urging Netanyahu to have a plan to protect them, in most plausible
scenarios, military operations in Rafah would still be destructive.
As this crisis looms, it is hard to see NSM-20
doing much to stop it and Israel will never abide by its rules.
The Israeli government
is failing in its legal responsibilities to the people whose land it occupies and
is breaking one of the key provisions demanded by the International Court of
Justice (ICJ) – to boost humanitarian aid in light of the risk of genocide in
Gaza.
Najla M. Shahwan, Palestinian author, researcher and freelance journalist. Published thirteen books and a children story collection, Recipient of two prizes from the Palestinian Union of Writers.
Disclaimer:
Views expressed by writers in this section are their own and do not necessarily reflect Jordan News' point of view.
Read more Opinion and Analysis
Jordan News
.jpg)
.jpg)
