US weapons to Israel

The United States provides more weapons than any other country in the world to Israel. Germany is Israel’s second largest supplier. Since the October 7 Hamas attack, the United States has reportedly transferred bombs, artillery shells, precision guidance kits (which are attached to bombs for targeting purposes), tank ammunition, guided missiles, firearms, drones, various types of ammunition, and other weapons to the Israeli government. Journalists and human rights investigators have documented the use of U.S. bombs, artillery shells, tank shells, precision guidance kits, and aircraft in attacks that have killed civilians, apparently violated international humanitarian law, and may amount to war crimes.

The NSM-20 report finds “it is reasonable to assess” that Israeli security forces have used U.S. weapons to violate international humanitarian law or best practices for reducing harm to civilians. However, as noted by former State Department officials, the report conspicuously avoids making specific legal determinations and concludes that Israel’s assurances regarding humanitarian aid and international law compliance are “credible and reliable,” meaning that the United States can continue to supply its partner with weapons covered under NSM-20.

  Just Security

How convenient.

Axios’ Barak Ravid reported, that the State Department’s Bureau of Democracy, Human Rights and Labor and USAID “recommended” that Secretary of State Antony Blinken “conclude that Israel has violated the terms of the national security memorandum, but other parts of the department pressed Blinken to certify that it didn’t.”

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The report did not conclude that the United States is required to suspend arms transfers as a matter of law or policy.

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In a full statement [... Senator Chris Van Hollen (D-MD)] remarked, “Today’s report also indicates a continuation of a disturbing pattern where the expertise and analyses of those working most closely on these issues at the State Department and at USAID have been swept aside to facilitate a predetermined policy outcome based on political convenience.”

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The U.S. government did not find any violations of Section 620I of the Foreign Assistance Act, which bars military aid to any government that “prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assistance.”

Are you kidding?

However, the United States “will continue to monitor and respond.”

With one eye (or both) still shut?

Beyond Section 620I, the report notes that the Israeli government has taken actions that “delayed or had a negative effect on the delivery of aid to Gaza” and that “the overall level reaching Palestinian civilians – while improved – remains insufficient.” However, it further finds that in some instances, Israel may have restricted the delivery of humanitarian aid, but did not do so arbitrarily.

Again, are you kidding?

In terms of global weapons exports, the United States sends more weapons abroad than any other country in the world and more than the next six countries combined.

Our economy depends on it.

NSM-20 is a presidential policy requiring that all countries receiving weapons from the United States that are funded with U.S. taxpayer dollars provide credible and reliable written assurances to the U.S. government. Those assurances commit the recipient to facilitate the delivery of humanitarian aid and use such weapons in a manner that complies with international law. Countries that do not provide those assurances are not eligible to receive U.S.-funded weapons, but the policy provides a narrow waiver, which allows that in “rare and extraordinary circumstances,” a country that does not provide assurances may remain eligible.

Israel.

For countries that the United States considers to be currently engaged in armed conflict (Colombia, Iraq, Israel, Kenya, Nigeria, Somalia, and Ukraine), those assurances were due 45 days after the release of the policy. All other countries receiving U.S.-funded weapons must provide such assurances within 180 days.

Israel.

Israeli defense minister Yoav Gallant submitted written assurances to the Biden administration on March 14. Blinken reportedly accepted them as credible and reliable on March 25.

How convenient.

[Blinken] faced significant opposition on that finding from within the U.S. government, from legislators, and from leading human rights and humanitarian organizations. Blinken also faced criticism from other directions, including a joint letter from Representative Michael McCaul (R-TX), chairman of the House Foreign Affairs Committee and Senator Jim Risch (R-ID), ranking member of the Senate Foreign Relations Committee calling for the repeal of NSM-20. They argued that NSM-20 is duplicative of already existing U.S. law and “leave[s] open the possibility of overly broad or inconsistent interpretations.”

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This finding follows the Biden administration’s imposition of a condition on aid to Israel and its first announced pause of a [shipment of 3500 500- and 2000-pound bombs] delivery to Israel [on May 8]. These decisions come as Biden faces considerable pressure on his Gaza policy and aid to Israel, particularly after Israeli forces entered Rafah, the 25-square-mile governorate in Gaza where more than a million displaced Palestinians are sheltering.

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Biden confirmed the recent suspension of a shipment of weapons and committed that, if the Israeli military enters population centers in Rafah, he will not supply “the weapons that have been used historically to deal with Rafah, to deal with the cities.” Much remains unclear about this condition, including what categories of weapons would be covered beyond 2000-pound bombs and artillery shells, both of which Biden mentioned. Aid groups report that Israeli forces are already present in Rafah, but Biden administration officials claim that the president’s red line has not been crossed.

Surprise, surprise.

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...but hey, do what you want...you will anyway.