U.S. Offensive Military Aid to Israel for War in Gaza Violates U.S. Law

Floor Speech

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Mr. McGOVERN. Madam Speaker, I come to the House floor to send one straightforward message to President Biden: Providing U.S. arms and military aid to the Netanyahu government for use in Gaza violates U.S. law.

The devastation, human suffering, and Palestinian civilian deaths and injuries are unmatched in scale by any other conflict. This is the conclusion reached last week by Airwars, the British NGO that documents civilian casualties in 21st century conflicts.

Before anybody rejects this detailed report, I would like to note that Airwars is known for its exacting, thorough research. Its referrals prompted more than 70 percent of the Pentagon's investigations into incidents of civilian harm during the U.S.-led air campaign against the Islamic State in Iraq and Syria.

Madam Speaker, this is just the latest in a series of reports from human rights, humanitarian, and defense reports documenting the civilian harm and deprivations in Gaza.

Israel, Madam Speaker, absolutely has a right to defend itself. I support military operations to dismantle and destroy Hamas' military capabilities and other terrorist organizations operating inside Gaza that have launched vicious attacks against Israeli civilians and have badly mistreated the Palestinian population, but Israeli air and ground campaigns must abide by U.S. law and international humanitarian law, also known as the Geneva Conventions and the laws of war.

States are required to take every precaution to minimize civilian harm, avoid destruction of lifesaving civilian infrastructure, guarantee unimpeded access and delivery of humanitarian aid, and ensure the life and security of humanitarian aid workers.

Specifically, I am talking about section 620I of the Foreign Assistance Act, also known as the Humanitarian Corridor Act, which states: ``No assistance shall be furnished under this act or the Arms Export Control Act to any country when it is made known to the President that the government of such country prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assistance.'' We all know that the Netanyahu government has frustrated the delivery of such aid to the people in Gaza.

The Netanyahu government has also violated its assurance under President Biden's own National Security Memorandum 20, which requires U.S. military assistance, arms sales, and arms transfers not to be used contrary to U.S. law and international humanitarian law. According to an October 30 Washington Post report: ``The Biden administration has received nearly 500 reports alleging that Israel used U.S.-supplied weapons for attacks that caused unnecessary harm to civilians in the Gaza Strip, but it has failed to comply with its own policies requiring swift investigation of such claims.''

The Biden administration already knew this. On October 13, Secretary of State Blinken and Defense Secretary Austin sent a detailed letter to the Netanyahu government describing Israel's arbitrary, deliberate, and consistent obstruction of humanitarian aid to the suffering Palestinian people in Gaza. They detailed how U.S. law and international law were being violated. They gave Netanyahu 30 days to deliver results.

The 30 days have come and gone with no change to U.S. arms transfers or military assistance. Once again, the Netanyahu government called the bluff of the Biden administration. Once again, the Netanyahu government frustrated U.S. efforts to get humanitarian aid delivered and safeguard innocent civilians.

It is not too late for the U.S. to use all of its leverage, including the suspension of U.S. offensive arms transfers to pressure the Netanyahu government to open up the humanitarian aid corridors and allow hundreds and hundreds of trucks to deliver lifesaving aid.

It is not too late for the U.S. to use all its leverage to press Israel to reach a cease-fire, secure the release of all the hostages, and create a viable path for a secure and dignified future for Gaza's Palestinians that guarantees Israel's security.

It is not too late for the Biden administration to comply with U.S. law. It is not too late for the Biden administration to stand up for America's own values and interests. It is not too late for all of us to reinforce our commitment to human rights and peace. It is not too late, Madam Speaker. It is not too late.

I include in the Record a Washington Post article titled: ``U.S. inundated with claims that American arms killed Gaza civilians.'' [From the Washington Post, Oct. 30, 2024

U.S. Inundated With Claims That American Arms Killed Gaza Civilians (By Abigail Hauslohner and Michael Birnbaum)

The Biden administration has received nearly 500 reports alleging that Israel used U.S.-supplied weapons for attacks that caused unnecessary harm to civilians in the Gaza Strip, but it has failed to comply with its own policies requiring swift investigations of such claims, according to people familiar with the matter.

At least some of these cases presented to the State Department over the past year probably amount to violations of U.S. and international law, these people said, speaking on the condition of anonymity because they are not authorized to discuss internal deliberations.

The reports are received from across the U.S. government, international aid organizations, nonprofits, media reports and other eyewitnesses. Dozens include photo documentation of U.S.-made bomb fragments at sites where scores of children were killed, according to human rights advocates briefed on the process.

Yet despite the State Department's internal Civilian Harm Incident Response Guidance, which directs officials to complete an investigation and recommend action within two months of launching an inquiry, no single case has reached the ``action'' stage, current and former officials told The Washington Post, More than two-thirds of cases remain unresolved, they said, with many pending response from the Israeli government, which the State Department consults to verify each case's circumstances.

Critics of the Biden administration's consistent provision of arms to Israel, now about 13 months into a war that has killed at least 43,000 people, according to Gaza's health authorities, say the handling of these reports is another illustration of the administration's unwillingness to hold its close ally accountable for the conflict's staggering toll.

``They're ignoring evidence of widespread civilian harm and atrocities to maintain a policy of virtually unconditional weapons transfers to the Netanyahu government,'' said John Ramming Chappell, a legal and policy adviser focused on U.S. security assistance and arms sales at the Center for Civilians in Conflict. ``When it comes to the Biden administration's arms policies, everything looks good on paper but has turned out meaningless in practice when it comes to Israel.''

The State Department declined to detail the volume of incidents under investigation. A spokesman, Matthew Miller, confirmed on Wednesday during a news conference held after the publication of this report that officials are reviewing ``a number of incidents'' and that ``we have not yet gotten to the point with any of them that we've been able to make final determinations.''

Based on ``the overall scope of the damage and the number of civilian lives that have been lost,'' Miller said that it is ``reasonable'' to assess that Israel may have violated international law but that reaching such a conclusion is ``incredibly difficult.''

``It takes gathering facts. It takes gathering information. And it takes ultimately making legal judgments about those facts. And, often times, you have conflicting accounts of what happened, and it is our job to try to sort through that the best we can,'' he said.

On Tuesday, after an Israeli strike on an apartment building killed more than 90 people, including 25 children, according to the Gaza Health Ministry, the State Department said Washington was seeking a ``full explanation'' from Israel. The Israeli military said it was ``aware of reports that civilians were harmed.''

Oren Marmorstein, a spokesman for Israel's Ministry of Foreign Affairs, declined to discuss the U.S. inquiries or Washington's efforts to limit civilian harm. ``As part of the close alliance between Israel and the United States, there is continuous and close contact with the American administration regarding Israel's struggle against terrorist attacks against its citizens,'' Marmorstein said in a statement.

The Israeli military says it makes ``significant efforts'' to avoid civilian harm but has cited the presence of Hamas fighters hiding among civilians as justification to carry out bombings on schools, hospitals, mosques and tent encampments. Gaza's Health Ministry says the majority of the dead have been women and children.

Earlier this month, U.S. Secretary of State Antony Blinken and Defense Secretary Lloyd Austin sent a letter to the Israeli government threatening vague policy ``implications'' if Israel did not immediately allow more aid into Gaza, where doctors and analysts say thousands have starved to death. The warning was widely interpreted to mean Washington may consider withholding arms transfers unless the humanitarian situation markedly improves.

In their letter, Blinken and Austin also acknowledged the failure of U.S. efforts to mitigate Israel's civilian causalities. ``It is vitally important that our governments establish a new channel through which we can raise and discuss civilian harm incidents. Our engagements to date have not produced the necessary outcomes,'' they wrote. They gave Israel 30 days to deliver results, which would delay any action until after next week's U.S. presidential election.

The State Department's civilian harm guidance, unveiled by the Biden administration in August 2023 in response to congressional concerns about Saudi Arabia and the United Arab Emirates' bombardment of Yemen, instructs the agency in how to assess whether a foreign military has violated any one of an assortment of U.S. laws and makes clear recommendations for action.

By investigating such cases, officials should be able to ``identify, recommend, and document what actions the Department can and will take in response to such incidents,'' according to the 21-page policy document, a copy of which was obtained by The Post but has not been made public.

Current and former U.S. officials described a process that, while detailed and deliberate on paper, 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.

Some U.S. officials and congressional Democrats have been frustrated by the State Department's apparent tendency to rely on Israel to substantiate the allegations against it.

Mike Casey, who worked on Gaza issues at the State Department's Office of Palestinian Affairs in Jerusalem, said senior officials routinely gave the impression that their goal in discussing any alleged abuse by Israel was to figure out how to frame it in a less negative light.

``There's this sense of: `How do we make this okay?' '' said Casey, who resigned in July. ``There's not, `How do we get to the real truth of what's going on here?' ''

Senior officials, he said, often dismissed the credibility of Palestinian sources, eyewitness accounts, nongovernmental organizations, and official accounts from the Palestinian Authority and even the United Nations.

A U.S. official who addressed questions about the administration's handling of these reports said that the State Department considers both Palestinian and Israeli voices as it assesses allegations of civilian harm.

People familiar with the process said that at least one- quarter of cases have been dismissed in the first of three investigative stages, either because they were deemed not credible or because there was no indication of U.S. weapons use. The majority have proceeded to the ``verification'' stage, whereby, ``We ask the [government of Israel] about the cases: Did you forewarn? Why did you hit this school or safe road or safe zone?'' said one former official.

Sen. Chris Van Hollen (D-Maryland), who has met with administration officials on several occasions to discuss the issue, said he has been deeply frustrated by what he called a lack of follow-through. ``There's no set timeline for getting responses to the many ad hoc inquiries that have been made,'' Van Hollen said.

Israel is the largest cumulative recipient of U.S. military aid since World War II, and the Biden administration has provided it with at least $17.9 billion in U.S. military assistance in the past year alone, according to a recent study by Brown University's Watson Institute for International and Public Affairs.

But despite deepening alarm among administration officials and lawmakers over Israel's conduct of the Gaza war, nearly all military assistance, apart from a delayed shipment of 2,000-pound bombs, has continued to flow without interruption. 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, analysts say.

William D. Hartung, a co-author of the Watson Institute report and an expert on the arms industry and the U.S. military budget at the Quincy Institute, said ``it's almost impossible'' that Israel is not violating U.S. law, ``given the level of slaughter that's going on and the preponderance of U.S. weapons.''

Among the cases submitted to the State Department, according to people familiar with the matter, are the January killing of a 6 year-old girl and her family in their car, with pieces of a U.S.-made 120mm tank round purportedly found at the scene. There were shards of American-made small- diameter bombs photographed at a family's home and at a school sheltering displaced civilians after airstrikes in May killed dozens of women and children. And there was the tail fin of a Boeing-manufactured Joint Direct Attack Munition on the scene of a July airstrike that killed at least 90 Palestinians.

``The U.S. is the biggest donor to Israel with these weapons,'' said Sarah Yager, the Washington director at Human Rights Watch. ``And it's a year in. When is the United States going to put its foot down?''

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