One thing that the United States will apparently not do is comply with its own law by implementing with Section 620I of the Foreign Assistance Act, which prohibits security assistance to governments that obstruct US humanitarian aid. 1/
In the coming days, the United States will carry out airdrops of aid to Gaza, redouble our efforts to open a maritime corridor, and expand deliveries by land.
The aid flowing into Gaza is nowhere near enough.
We all need to do more. And the United States will do more.
.
@amnesty
has found that Israeli forces used a US-provided small-diameter bomb made by Boeing to kill 18 civilians from the Nofal & Awadallah families in Tal al-Sultan. The bombing killed ten children. An Israeli military map labelled the area as safe. 1/
This important
@amnesty
report has the first verified public research that I have seen linking US weapons to civilian harm in Gaza since October 7. Unfortunately, it is likely to be the first of many given the scale of US arms transfers to Israel. 1/
A new investigation by Amnesty International has found US-made Joint Direct Attack Munitions (JDAM) were used by the Israeli military in two deadly, unlawful air strikes on homes full of civilians in the occupied Gaza Strip.
As I told the audience during this panel:
“When weapons made in the United States wipe out families and kill children, it makes us complicit. It makes the United States complicit, & it makes individuals complicit.” 1/
@StateDeptPM
's DAS Mira Resnick talks US Arms Transfer Policy at ACA's Annual Meeting panel on Achieving More Effective Implementation of U.S. Arms Transfer Policy. - 📺 (starts at 5:53:54)
"We cannot ignore our values - we must live up to them. We
.
@amnesty
indicates white phosphorus used by Israeli armed forces have
@DeptofDefense
identification codes.
@hrw
recently found use of white phosphorus in populated areas violates international humanitarian law.
@SecDef
says the US has placed no conditions on arms transfers. 1/
@Amnesty
gathered compelling evidence documenting the use of white phosphorus artillery shells by the Israeli army in densely populated civilian areas in Gaza, many of which may be considered unlawful indiscriminate attacks.
.
@SenSanders
has introduced a rare privileged resolution requiring a report on Israel's human rights practices pursuant to Section 502B of the Foreign Assistance Act. Section 502B is an underused but potent human rights oversight tool. Some quick resources for context follow. 1/
New:
@BernieSanders
has introduced a privileged resolution demanding information on Israel's human rights practices amid the sustained bombing campaign in Gaza.
In my first article for
@ArmsControlNow
, I dig into the Biden administration’s new arms transfers policy and its connection to Section 620I, a US law banning security assistance to countries that restrict US humanitarian aid. 1/
With more than 20,000 dead in Gaza, the US is transferring explosive weapons likely to be used in an indiscriminate manner in dense urban environments. Once again,
@StateDept
is bypassing congressional review. This is a travesty, and here’s why. 1/
.
@StateDept
🇺🇸 authorizes a proposed Foreign Military Sale
#FMS
to 🇮🇱
#Israel
for the purchase of M107 155mm projectiles and related equipment for an estimated cost of $147.5 million.
#FMSUpdate
--
.
@hrw
&
@amnesty
found that Israeli forces deliberately targeted and killed
@Reuters
journalist Issam Abdallah using a 120mm tank shell. Now,
@StateDept
is selling Israel thousands of 120mm tank cartridges & bypassing Congress's review period. 1/
State Dept
@StateDeptPM
declares emergency exists to bypass 15 day Congressional review period on transfer of $106.5 million value of 14000 120mm M830A1 tank cartridges. See … and resource page
In my first article for
@ArmsControlNow
, I dig into the Biden administration’s new arms transfers policy and its connection to Section 620I, a US law banning security assistance to countries that restrict US humanitarian aid. 1/
Next week is
@POTUS
' deadline to report on Israel's compliance with NSM-20, which covers restrictions on humanitarian aid, violations of int'l law, and failure to protect civilians. The report is unlikely to be honest. Here's the reality of Israel's violations of the policy. 🧵1/
The third set of major arms sales reported this week. Truly depraved. The President of the United States has made clear that he understands the human consequences of unconditionally arming the Israeli government. His actions indicate that he does not care.
New: The Biden administration recently authorized the transfer of over 1,000 500-pound bombs and over 1,000 small-diameter bombs to Israel.
The transfer authorization of the MK82 bombs and small-diameter bombs, more than 2,000 munitions in total, occurred before an Israeli
Section 502B of the Foreign Assistance Act hasn't been part of public conversations around U.S. arms sales to human rights abusers for decades.
@ChrisMurphyCT
&
@MikeLeeforUtah
's new Saudi Arabia resolution invoking Section 502B(c) could change that. 1/
.
@SenSanders
has said that he will bring his resolution invoking Section 502B of the Foreign Assistance Act to require a State Department report on Israel's human rights practices to the Senate floor next week. Resolution text is here. 1/
Sanders says he will bring this to the floor NEXT WEEK.
Trying to find out if this has been agreed to w/ Schumer. Notable timeline given mp co-sponsors yet and there is some skepticism even among Democrats of this approach. The latter is clearly the focus of his current comments
Earlier in the panel, I said: "I've run out of words to describe the devastation in Gaza. But leading organizations and esteemed experts around the world have concluded that some actions of the Israeli government may amount to war crimes or genocide." 2/
From
@guardian
, the best investigation of the (non-)application of the Leahy Law (a key US human rights law) to Israel that I have seen so far. A must read. Some quick excerpts. 1/
1/ Big news on
@WhiteHouse
's reported decision to transfer cluster munitions to Ukraine--
@RepSaraJacobs
&
@IlhanMN
have introduced a National Defense Authorization Act amendment to block US cluster munitions sales and transfers.
The report offers a glimpse of the Biden administration's complicity in the devastation in Gaza. The US government has sent Israel thousands of bombs in the past 4 months, all apparently without conditions. Everything the Israeli military does relies on US support. 3/
Amnesty described the January 9 attack as a "likely direct attack on civilians and civilian objects" or "possibly an indiscriminate attack." Either would be a violation of international humanitarian law, and Amnesty calls for the strike to be investigated as a war crime. 2/
Aryeh Neier co-founded
@hrw
, directed
@ACLU
and
@OpenSociety
. He's a Holocaust survivor and a giant in the US human rights advocacy community. He says:
"I am now persuaded that Israel is engaged in genocide against Palestinians in Gaza."
It’s worth noting: the harm to civilians resulting from the use of 2000 pound bombs in dense urban areas has been crystal-clear for many months. What’s changed isn’t the risk — it’s the admin’s willingness to finally start using a scintilla of its leverage. 1/
“We are especially focused on the end-use of the 2,000-lb bombs and the impact they could have in dense urban settings as we have seen in other parts of Gaza. We have not made a final determination on how to proceed with this shipment."
In the first 1.5 months of Israeli operations, Israeli forces "dropped more than 22,000 guided and unguided bombs on Gaza that were supplied by Washington." Weapons transfers continue even as evidence of atrocity crimes piles up. Devastating. 4/
Important new development from
@statedept
, which has developed guidance to "respond[] to incidents in which foreign forces are suspected of using American-made weapons to injure or kill civilians." 1/
The analysis and Section 620I are especially relevant today as the Biden admin prepares to airlift aid to Gaza amid Israeli restrictions to respond to a humanitarian crisis created by US-provided bombs. This would not be necessary if President Biden implemented the law. 2/
This is a very bleak combination of findings. Is the US providing white phosphorus to the Israeli government? Could the United States or US policymakers be liable for violations? See
@BCFinucane
's helpful article for a rundown of the factors at play. 2/
A Biden admin spokesman admitted: "there have been some inorganic obstacles thrown up, in some cases by some members of the Israeli cabinet, that have made it hard to get that aid in" to Gaza. US law bans arms to govts that block US humanitarian aid. 1/
The article offers perspectives on how strong protections in law and policy go ignored and why Congress needs to step in. It also offers the first discussion (albeit a brief one) of 620I’s history that I am aware of. More to come there from my
@CivCenter
colleagues and I. 3/
The biggest takeaway: the Biden admin says it's "reasonable to assess" that US weapons have been used to violate international humanitarian law. But President Biden will not stop the flow of arms to Israel.
What you need to know from the Biden administration's new report on Israeli use of U.S. weapons and compliance with international law.
@jwrchappell
notes the key takeaways.
.
@sensanders
today on his Section 502B resolution on Israel: “All of this is being done with bombs and equipment paid for by the United States of America and heavily subsidized by American taxpayers. We are paying for the carnage in Gaza right now — our bombs, our ordnance.” 1/
In short, the US government is providing weapons that, given Gaza’s urban character and demographics, will kill children. The Biden administration bears responsibility for their deaths. 6/
The Biden administration’s calls for Israel to reduce civilian harm ring hollow in light of continued transfers of incredibly destructive explosive weapons expected to be used in populated areas. 5/
In our latest for
@just_security
,
@annieshiel
and I discuss why the Pentagon should review allegations of civilian harm that were wrongly dismissed as non-credible. Here's an example of the sort of mistakes that deserve a second look as DOD overhauls its civilian harm policy. 1/
|
@SecDef
told Rep
@SaraJacobsCA
: DoD has no intent to examine past cases of civilian casualties that were mistakenly dismissed.
Despite DoD-sponsored study & award-winning NYT reporting (
@AzmatZahra
) identifying many errors.
Analysis of the implications:
1/ Harrowing reporting from
@HRW
today shows that Saudi border guards massacred hundreds of Ethiopian migrants crossing the Saudi Arabia-Yemen border from March 2022 to June 2023, with killings likely continuing to this day.
That law is Section 6 of the Arms Export Control Act, which bans arms sales to "any country determined by the President to be engaged in a consistent pattern of acts of intimidation or harassment directed against individuals in the United States." 1/
There's a law on the books that prohibits arms sales to countries that target people on US soil. If we told partners like India & Saudi Arabia that we planned to start enforcing that law uniformly, these incidents wouldn't happen and our diplomatic relationships would improve.
The Leahy Law requires only "credible information" regarding a gross violation of human rights to prohibit a unit from receiving US assistance. The fact that countless NGO and media accounts were insufficient to bar an Israeli unit shows that there is a double standard. 1/
Typically, the reports of wrongdoing come from NGOs like Human Rights Watch or from press accounts. The State Department officials determining whether to recommend sanctions generally do not draw on the vast array of classified material.
Today is the 56th anniversary of one of my favorite pieces of rhetoric on US foreign policy: Martin Luther King Jr.'s Riverside Church speech, "Beyond Vietnam." Everyone working on foreign policy should read it in full, but here some sections that struck me this time. 1/
The transfer is a clear violation of
@POTUS
’ own Conventional Arms Transfer policy because it aggravates the risk that the Israeli government will commit violations of international humanitarian law, namely indiscriminate or disproportionate attacks. 4/
My comments in a new
@inthesetimesmag
article from
@w2t2impact
: White House Requests “Unprecedented” Loophole That Would Obscure Arms Sales to Israel 1/
Dozens of human rights, civilian protection, faith-based, foreign policy, and humanitarian groups, including
@CivCenter
, raised the alarm about the transfer of 155mm artillery shells in November. 2/
The last Section 502B resolution of request was introduced by Senators Murphy and Lee in the spring, focusing on Saudi Arabia. I wrote about that effort in
@just_security
. 3/
Got questions? I'm always happy to talk more about this little-understood law, which could play a significant role in the ongoing conversation about how US weapons are facilitating devastating harm to civilians in Gaza. 5/
"the US continues to provide Israel with unconditional arms transfers and other security assistance. This not only facilitates Israel’s harmful conduct, but also appears to violate Section 620I of the Foreign Assistance Act" -
@CivCenter
+ 24 orgs. 2/
Today
@StateDept
released the 2022 Country Reports on Human Rights Practices. You may know the Country Reports, but you might not know how they relate to Section 502B, a law prohibiting security assistance to gov'ts that consistently commit gross violations of human rights. 1/
Today we released the 47th annual Human Rights Report.
#2022HRR
demonstrates our commitment to advancing human rights across the globe. I invite you to take a moment and read the full report:
This is simply not what the resolution does. It asks the State Department for more information regarding Israel's human rights practices. That should be uncontroversial, it is the bare minimum needed for Congress to carry out its oversight responsibilities.
It’s nothing short of disgraceful that Bernie Sanders is asking the Senate to condition aid to Israel based upon slanderous allegations of war crimes (when the evidence demonstrates overwhelmingly the care Israel takes to avoid civilian casualties) and yet Sanders unconditionally
Read my latest
@just_security
piece with
@FCNL
's
@HassanElTayyab
-- we discuss
@SenSanders
's important new resolution to require a report on Israel's human rights record under Section 502B of the Foreign Assistance. 1/
How can the U.S. assess its security assistance to
#Israel
?
@jwrchappell
and
@HassanElTayyab
write that Senator Bernie Sanders' recent resolution offers a pathway to consider the role U.S. weapons are playing in devastating harm to civilians in
#Gaza
.
.
@RESCUEorg
announced today that a UN investigation found a 1000-pound US bomb from an F16 struck their and
@MedicalAidPal
's housing compound in Al Mawasi in a January 19 airstrike that injured several staff members. 1/
In these two attacks, American-made weapons with
@Boeing
codes killed 21 members of the al-Najjar family and 18 members of the Mu-eileq family. The strikes killed 19 children. 2/
3 big takeaways from our new
@CivCenter
fact sheet with
@OxfamAmerica
on section 620I, a law prohibiting US security assistance to countries that restrict the delivery of US humanitarian aid. Legislators have been vocal about 620I violations & Gaza lately. Quick thread. 1/
Section 620I of the Foreign Assistance Act prohibits security assistance to any government that restricts the delivery of US humanitarian aid.
Our new fact sheet with
@OxfamAmerica
explains the history of 620I and its relevance to the crisis in Gaza.
.
@OxfamAmerica
wrote: “Israel’s use of this munition in past conflicts demonstrates that its use would be virtually assured to be indiscriminate, unlawful, and devastating to civilians in Gaza.” 3/
.
@hrw
+
@OxfamAmerica
"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." 4/
In my piece with
@HannaHomestead
of
@CIPolicy
for
@RStatecraft
, we discuss proposals to restore oversight for arms sales and war powers. The article comes after the Biden admin announced a US arms sale to Saudi Arabia and just before hearings on 2001 & 2002 AUMF repeals. 1/
Important new report from
@hrw
confirms Israel's use of white phosphorus in a manner that violates international law.
"Israel’s use of white phosphorus in military operations in Gaza and Lebanon puts civilians at risk of serious and long-term injuries." 1/
BREAKING: Israel has used white phosphorus in military operations in Gaza and Lebanon, putting civilians at risk of serious and long-term injuries.
White phosphorus causes excruciating burns and can set homes afire. Its use in populated areas is unlawful.
A quick note that the sale includes maintenance of arms and equipment of the types used by Saudi border guards who killed hundreds of migrants and asylum seekers in a possible crime against humanity, as
@hrw
reports. First, MRAPs. 1/
During my internship with
@TimepDC
, I researched international legal standards for medical care in prisons during COVID-19 and compiled reports about coronavirus measures and outbreaks in detention facilities across the MENA. Check out some of my findings in the article below. 1/
NEW: "The danger of COVID-19 for prisoners and detainees will remain acute until vaccines are widely available to all incarcerated people. Until then, the threat of new outbreaks remains," former TIMEP Legal & Policy intern
@jwrchappell
writes.
"As humanitarian organizations operating in Gaza, it is our experience that the humanitarian response in Gaza... has been consistently and arbitrarily denied, restricted, and impeded by the Israeli authorities." -
@RESCUEorg
+ 37 orgs. 5/
"Secretary of State Antony Blinken now has until March 25 to certify that Israel's written commitments are credible. If certification isn't given, U.S. weapons transfers to Israel will be suspended."
This was expected, and it will be unlikely to change outcomes.
Scoop: Israeli Minister of Defense Yoav Gallant signed on Thursday a letter to the Biden administration assuring Israel will use U.S. weapons according to international law and allow U.S.-supported humanitarian aid into Gaza. My story on
@axios
"it is clear that the continued provision of U.S. weapons to the government of Israel violates Section 620I of the Foreign Assistance Act." -
@JoaquinCastrotx
+ 5 members of Congress. 6/
I'm proud to share my latest law review article, "The Rise and Fall of Section 502B." The article traces the development and decline of one of the first -- and most ambitious -- U.S. laws regarding security assistance, arms sales, and human rights.
The Arms Export Control Act (22 USC 2756) bans arms sales to countries "engaged in a consistent pattern of acts of intimidation or harassment" against people in the US.
@USGAO
now confirms what advocates long suspected: the law hasn't been implemented. 1/
I told
@AkbarSAhmed
: "The Biden admin has always been bound to comply with Sec. 620I — but since it has not done so to date, congressional pressure is also vital to press
@POTUS
to immediately obey the law and ensure lifesaving aid reaches civilians living on the brink of famine"
EXCLU: 25 humanitarian + rights groups say Biden is in "apparent violation of US law" by continuing military support for Israel as it bars Gaza aid
-They cite Section 620i, the provision 8 senators say Israel is breaching
-Applying law won't hurt Iron Dome
.
@amnesty
"found that these air strikes were either direct attacks on civilians or civilian objects or indiscriminate attacks" -- either would be a violation of international humanitarian law. 3/
Public reporting indicates that the Israeli government has repeatedly restricted US-funded aid deliveries by closing border crossings, arbitrarily blocking or delaying humanitarian goods, denying access requests from humanitarian orgs, and attacking aid workers. 2/
My latest article in
@just_security
discusses how the National Defense Authorization Act, passed in the Senate last week, addresses civilian harm from US military operations.
@CivCenter
“there is sufficient evidence that Israel’s restrictions on the delivery of US-backed humanitarian aid violate Section 620I... and therefore call into question the assurances Israel provided pursuant to NSM-20.” -
@RepJasonCrow
,
@RepDeluzio
+ 86 reps 14/
US taxpayer $$ never come in the form of blank check, and there should be no exceptions. Today I'm announcing an amendment to the national security supplemental w/ 12 other Senators to ensure weapons received by ANY country under the bill are used in accordance w/ US & int'l law:
Three highlights on the Humanitarian Aid Corridor Act, aka Section 620i of the Foreign Assistance Act, from
@ChrisVanHollen
's interview with
@NewYorker
's
@IChotiner
. Quick thread. 1/
New Interview: I talked to Senator Chris Van Hollen about the different ways that the Israeli government is preventing adequate aid from reaching civilians, his differences with the Biden administration, & why America is not using its leverage with Israel.
.
@RepSaraJacobs
on the House floor, speaking on her amendment to prohibit cluster munitions transfers: "America is an outlier. We are one of the few countries that has not become a party to the Convention on Cluster Munitions and that is a grave mistake." 1/
FCNL thanks
@RepSaraJacobs
for speaking up about the horrors of
#ClusterMunitions
, as well as our responsibility to avoid complicity in civilian harm worldwide. We urge her congressional colleagues to listen up. Via
@cspan
"President Biden said he was 'uncertain' whether Israel was committing war crimes in Gaza."
If I were uncertain about whether someone was an arsonist, I wouldn't give them a flamethrower.
But Biden continues to send bombs and war planes.
"It is apparent that the Netanyahu government is repeatedly interfering in U.S. humanitarian operations in direct violation of the Humanitarian Aid Corridor Act" -
@BettyMcCollum04
+ 5 members of Congress. 7/
“As the leading provider of weapons and military aid to Israel, the United States bears special responsibility for international law violations and harm to civilians.”
Read my first piece for
@TheHillOpinion
, on US arms transfers to Israel and the war in Gaza.
Check out this piece I wrote in
@PPR_HKS
, where I argue that international and domestic challenges are deeply interconnected, which means that a foreign policy of diplomacy, cooperation, and solidarity should be a central part of the progressive project.
In our latest,
@jwrchappell
calls for progressives to turn away from a system that pours hundreds of billions of dollars each year into state violence and instead repair our relations with the planet and its people
Israel must do more to protect civilians in Gaza. I’m leading Senate Democrats in a letter to the Biden administration seeking answers and stronger oversight to ensure any use of U.S. weapons complies with U.S. and international laws.
.
@RepRaskin
: “I support my colleague
@RepSaraJacobs
amendment to this year’s National Defense Authorization Act to categorically prohibit the transfer or sale of U.S. cluster munitions.”
Appreciation today for
@jwrchappell
@CivCenter
for his expertise on the law and U.S. arms sales, and keeping the DC and U.S. arms community coordinated.
The Biden admin's conventional arms transfer policy says the US "will engage in appropriate monitoring as part of its effort aimed at ensuring transferred arms are used responsibly and in accordance with [international law] conditions and obligations." What do US officials say?1/
And yet: "The U.S. military is placing no conditions on its security assistance to Israel,
@SecDef
said on Thursday, adding Washington expected Israel's military to 'do the right things' in prosecuting its war against the Palestinian militant group Hamas."
New reporting from
@w2t2impact
documents a little-known provision of law that allows the US to transfer precision guided munitions, which include the JDAM-equipped bombs used in these attacks, to the government of Israel without meaningful restrictions. 7/
.
@LindaT_G
to
@NPRMichel
: “We have raised directly our concerns with a number of countries about reports of UAE supporting RSF.” A year into the devastating war, the UAE’s support for the RSF’s atrocities is well-documented. 1/
Important new brief from
@OxfamAmerica
. "
@POTUS
should halt the transfer of 155mm artillery shells to Israel, and if he does not, Congress should step in. Israel... has legitimate defense needs. However, these particular shells do not serve them." 1/
Important reminder to the US government as possible violations in Gaza continue, including: forcible transfer, use of white phosphorus in populated areas, collective punishment, starvation as a method of warfare, and potentially indiscriminate or disproportionate attacks.
ISRAEL-GAZA: CIVIC urges governments delivering military support to parties to the conflict to ensure such aid is not used in violation of int'l humanitarian law or human rights violations.
Our statement:
"As the Task Force’s work demonstrates, the facts could not be more clear. It is now up to the Biden administration to act on them." Independent Task Force led by Josh Paul &
@4noura
. 9/
Recent reporting from
@972mag
sheds light on what would appear to be a blatant disregard for IHL's proportionality and distinction principles in the Israeli targeting process. 4/
As
@amnesty
recommends, "the US must follow its own laws and policies regarding the transfer and sale of arms, including the [CAT] Policy and Civilian Harm Incident Response Guidance." For more, check out
@just_security
piece coauthored by
@AMKlasing
. 5/
.
@SenSanders
is turning to a powerful but underused tool for human rights oversight to require Senators to answer a simple question: should
@StateDept
provide a report on Israel's human rights practices, including indiscriminate attacks and siege warfare in Gaza? 2/
This week, the House will vote on a bill banning
@potus
from suspending arms transfers to Israel. If he did so, it would defund parts of
@StateDept
@DeptofDefense
& NSC. The bill condemns Biden and would launch an investigation into the pause of a transfer of 2000 lb bombs. 1/
New: The Biden admin confirms it will veto the GOP bill that would compel the United States to send all approved weapons to Israel, including 2k pound bombs, or see funding suspended for DOD, State and NSC. "The bill is a misguided reaction to a deliberate distortion."
.
@HouseForeignGOP
has announced that next week it will consider the so-called TIGER Act (HR 6609), a bill that would amend a key arms sales law. The amendments are not just business as usual, and HFAC should reject it in its current form. Here's why. 1/