Rep. Jamaal Bowman (D-N.Y.) and Sen. Bernie Sanders (I-Vt.) are leading an effort to push the Biden administration to investigate whether U.S. arms sales to Israel are being used to commit human rights abuses in violation of U.S. law, Jewish Currents first reported.
In a letter to President Biden and Secretary of State Antony Blinken, Bowman, Sanders and a handful of other House members — including Reps. Alexandria Ocasio Cortez (D-N.Y.), Ilhan Omar (D-Minn.), and Betty McCollum (D-Minn.) — cited “the rapidly escalating violence in the occupied Palestinian West Bank and the alarming actions of the new extreme right-wing Israeli government” as a catalyst for the investigation “to prevent the further loss of Israeli and Palestinian lives.”
The letter refers to manyinstancesof violence over the past several weeks that have killed both Israelis and Palestinians and that their concern about the “Israeli government’s worsening systemic violations of Palestinian human rights … have only deepened and grown more urgent under the new Israeli government.”
The letter calls on the administration to ensure that the United States is not underwriting illegal settlements and to determine whether U.S. arms sales to Israel are being used to violate American law (i.e. the so-called “Leahy Laws”) or commit human rights abuses.
“Furthermore,” the letter concludes, “we call on your administration to ensure that all future foreign assistance to Israel, including weapons and equipment, is not used in support of gross violations of human rights, including by strengthening end-use monitoring and financial tracking.”
For FY2023, Congress appropriated $3.8 billion in aid to Israel for defense, and nearly another $100 million “in funding for other cooperative defense and non-defense programs.”
“It's long past time for the Biden administration to take a hard look at the use of U.S.-supplied weapons in ongoing human rights abuses committed by the Israeli military, and to impose consequences for those abuses,” said the Quincy Institute’s Bill Hartung. “More members of Congress need to join Rep. Bowman and Sen. Sanders in calling for accountability over the billions in annual U.S. military aid to Israel.”
Jewish Currents adds that nearly two dozen non-governmental organizations have offered support for the letter, but that prominent left-leaning pro-Israel group J Street has not yet to publicly support it.
“This letter is a welcome step forward, reflecting not only a reaction to the naked extremism of Israel’s new government but also broadly the political space created by expanding support for Palestinian rights among American voters,” said Sarah Leah Whitson, executive director of Democracy for the Arab World Now, who charged that giving weapons to Israel “violates U.S. laws prohibiting arms transfers to human rights abusers and undermines our global interests as well.”
Ben Armbruster is the Managing Editor of Responsible Statecraft. He has more than a decade of experience working at the intersection of politics, foreign policy, and media. Ben previously held senior editorial and management positions at Media Matters, ThinkProgress, ReThink Media, and Win Without War.
Photos: Sheila Fitzgerald and lev radin via shutterstock.com
As the Ukraine War passed its 1,000-day mark this week, the departing Biden administration made a significant policy shift by lifting restrictions on key weapons systems for the Ukrainians — drawing a wave of fury, warnings and a retaliatory ballistic missile strike from Moscow.
On Thursday, Russia launched what the Ukrainian air force thought to be a non-nuclear intercontinental ballistic missile (ICBM) attack on the Ukrainian city of Dnipro, which if true, would be the first time such weapons were used and mark a major escalatory point in the war.
In a televised address on Thursday, Russian President Vladimir Putin confirmed that Moscow launched a new, hypersonic intermediate-range ballistic missile. He added that the long-range strikes from Ukraine this week have given the regional conflict the elements of a global one, and that Russia could use the missiles against countries that have allowed Ukraine to strike deep inside Russia.
U.S. officials have confirmed that the new Russian missile, called the "Oreshnik," is based on the design of Russia’s longer-range RS-26 Rubezh intermediate ballistic missile (IRBM). It can carry multiple nuclear warheads but was armed with conventional weapons in the Thursday attack.
The new missile was experimental and Russia likely possessed only a handful of them, officials said.
The strike was seen largely as a response to the Biden administration’s authorization for the Ukrainian military to use the American-made ATACMS missile system to strike deeper into Russian territory. On Tuesday Ukraine reportedly used the system to fire six missiles into Russia’s western Bryansk region, which Moscow said it successfully defended.
Ukrainian President Volodymyr Zelenskyy led a months-long effort for NATO authorization to strike deeper into Russia. On Tuesday, according to CNN, he said his military now has the U.S. ATACMS system and its own long-range capabilities, and that “we will use all of this.” The Ukrainian military also struck Russian targets with UK-made long-range Storm Shadow missiles on Wednesday. Some Russian officials warned that the strikes could lead to a “third world war.”
Moscow’s position for months has been that an attack on Russian territory with British, French or U.S.-made missiles would constitute direct warfare against those countries. Russian ambassador to the UK Andrei Kelin doubled down on this threat after Ukraine fired UK-supplied Storm Shadow missiles into Russia on Wednesday.
"Britain and the UK are now directly involved in this war, because this firing cannot happen without NATO staff, British staff as well," Kelin said.
Earlier this week, as an apparent warning to the West, Putin signed an update to Russian nuclear policy that lowers the threshold for a retaliatory strike.
The revised document says Russia could use nuclear weapons in response to a nuclear or WMD strike against Russia or its allied nations, or in response to aggression against Russia or Belarus with conventional weapons threatening their sovereignty or territorial integrity.
The doctrine also declares that an attack by a non-nuclear power supported by a nuclear power is considered a joint attack, and that an attack from one member of NATO would be considered an attack from all members.
The White House said the policy came at no surprise, and that it will not respond with any alteration of its own nuclear policies.
Other Ukraine News This Week:
The U.S. gave Ukraine further slack later on Tuesday, with The Washington Post reporting that Biden approved the provision of antipersonnel mines to Ukraine — undoing his own policy from 2022.
According to CNN, the Americans expect Ukraine to use these mines to defend their own territory, not as an offensive tactic in Russia. Russian forces, on the other hand, have been using similar devices on the front lines since their invasion began in 2022.
Still, Biden’s move could prove controversial, the Post said, citing their indiscriminate nature and a 160-member international treaty banning their use based on an elevated risk to civilians.
The Biden administration’s policy shifts came after a violent weekend of Russian attacks: according to CBS, Moscow launched a drone and missile assault on Ukraine on Sunday, targeting energy infrastructure ahead of the winter and killing scores of civilians.
Biden is just under two months away from exiting office, with the incoming Trump administration having made clear in recent months its intentions to try to end the war.
In Monday’s press briefing, State Department Matthew Miller repudiated the idea of presidents working together across terms when asked about how typical it might be for a lame-duck president to make significant foreign policy decisions like enabling the long-range missiles.
“...the President was elected to a four-year term and the American people expect him to govern for a four-year term and make the decisions that he believes are appropriate,” Miller said. “There is no one who thinks that for the first two months of the next term they’re supposed to continue to carry out the decisions made by this President.”
Miller condemned Russia’s rhetorical responses to the long-range missile attack in Tuesday’s press briefing.
“Since the beginning of its war of aggression against Ukraine, [Russia] has sought to coerce and intimidate both Ukraine and other countries around the world through irresponsible nuclear rhetoric and behavior,” Miller said. “Despite what Russia says, neither the United States nor NATO pose any threat to Russia. Russia’s irresponsible and bellicose rhetoric will not do anything to improve Russia’s security.”
“This policy in itself just highlights Russia’s hypocrisy,” he added. “Russia is suggesting here that they would use or could use nuclear weapons against a non-nuclear state if they undertake the same kind of aggression that Russia itself is inflicting upon Ukraine and its people.”
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Top image credit: FILE PHOTO: Israeli prime minister Benjamin Netanyahu and defense minister Yoav Gallant during a press conference in the Kirya military base in Tel Aviv , Israel , 28 October 2023. ABIR SULTAN POOL/Pool via REUTERS/File Photo
On Thursday the International Court of Justice (ICC) issued warrants for the arrest of Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant, as well as a member of Hamas leadership.
The warrants for Netanyahu and Gallant were for charges of crimes against humanity and war crimes. The court unanimously agreed that the prime minister and former defense minister “each bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.”
“The Chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity, from at least 8 October 2023 to 20 May 2024,” the court detailed in its allegations.
The ICC also charged Hamas leader Ibrahim Al-Masri for mass killings during the Oct. 7, 2023, attacks on Israel, including rape and hostage taking.
A plan suggested by former IDF general, Giora Eiland, called for the explicit emptying out of northern Gaza and the labeling of all remaining civilians as military targets, as well as the purposeful blockage of humanitarian aid. Netanyahu reportedly did not agree to the plan, but evidence points to aspects of the plan being enacted.
“The ICC decision shows once more how out of sync Biden's Gaza policy is with both American and international law,” says the Quincy Institute’s Executive Vice President Trita Parsi. “Biden has sacrificed America's international standing to arm and protect leaders who the international courts have deemed to be war criminals.”
The ICC’s move comes just one day after unprecedented votes in the U.S. Senate to end the sale of certain offensive weapons to Israel. The measures ultimately failed, with the White House telling senators that they would be supporting Iran and Hamas should they vote to curb weapons sales to Israel.
Because of the ICC warrants, Netanyahu or Gallant could be arrested upon entering a nation that has recognized the ICC and its rulings. However, Israel is among dozens of other countries, including the United States, that do not recognize the court’s jurisdiction.
After warrants were requested in October, Israel reacted by challenging the jurisdiction of the ICC in the matter, but that challenge has been rejected. “Israel's reaction — that no other democracy has been treated this way by the ICC — is indicative of how perverted certain approaches to international law have become,” said Parsi. “Israel essentially argues that because it defines itself as a democracy, it should be above the law. That war-crimes, apartheid, and genocide are ok as long as the perpetrator identifies as democratic. This approach — creating different sets of laws and standards for different countries — is a recipe for global instability and a threat to American security.”
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Top image credit: A sapper of the 24th mechanized brigade named after King Danylo installs an anti-tank landmine, amid Russia's attack on Ukraine, on the outskirts of the town of Chasiv Yar in the Donetsk region, Ukraine October 30, 2024. Oleg Petrasiuk/Press Service of the 24th King Danylo Separate Mechanized Brigade of the Ukrainian Armed Forces/Handout via REUTERS
The Biden administration announced today that it will provide Ukraine with antipersonnel landmines for use inside the country, a reversal of its own efforts to revive President Obama’s ban on America’s use, production, transfer, and stockpiling of the indiscriminate weapons anywhere except the Korean peninsula.
The intent of this reversal, one U.S. official told the Washington Post, is to “contribute to a more effective defense.” The landmines — use of which is banned in 160 countries by an international treaty — are expected to be deployed primarily in the country’s eastern territories, where Ukrainian forces are struggling to defend against steady advances by the Russian military.
But much like the Biden administration’s controversial decision to supply Ukraine with cluster bombs — another indiscriminate weapon system whose unexploded ordinance can maim and kill civilians, especially children, for decades after their use — this move may offer limited military upside, but it comes with massive risk to Ukrainian civilians, and it will not turn the tide of the war in Ukraine’s favor.
Secretary of Defense Lloyd Austin announced the policy shift to reporters this morning during a trip to Laos, a nation which the U.S. helped turn into the world’s most bombed country per capita. Either blind or indifferent to the irony of making this announcement from a country where 30% of the territory remains contaminated by unexploded ordinance thanks to the U.S. military, Austin prebutted humanitarian concerns with the weapons transfer by arguing that the land mines are “not persistent,” so “we can control when they would self-activate, self-detonate and that makes it far more safer eventually.”
But as arms experts at the Friends Committee on National Legislation have pointed out, drawing a distinction between persistent and non-persistent landmines is “dangerously misleading” because of the well-documented failures of the self-destruct and self-deactivation features that supposedly make these weapons “safer” for the civilians who stumble across them years after a war has ended. In fact, the “smart mines” the U.S. deployed in the Gulf War failed at a rate 150 times higher than the Department of Defense claimed.
The reality is that, no matter the mechanisms meant to make these weapons more humane, non-persistent landmines are still packed full of explosive materials — and so their lethality, indiscriminate nature, and ability to harm civilians persist.
In fact, when President Trump first reversed the Obama-era landmine restrictions in 2020, Joe Biden himself recognized the move for what it was — “another reckless act” that would “put more civilians at risk of being injured by unexploded mines.” Biden lived up to his campaign pledge to “promptly roll back” Trump’s move on landmines in 2022 — only to reverse his own position on the way out of the White House doors.
Coming on the heels of Biden’s decision to allow Ukraine to use U.S. long-range missiles to strike Russian territory, this move is presumably aimed at proving Biden’s willingness to do “whatever it takes” to help Ukraine prevail over Russia. But as a battered Ukraine prepares to enter its fourth year since Russia’s invasion, and Ukrainian support for a war-ending diplomacy continues to grow, the question remains: when will U.S. leaders stop searching for a silver bullet weapon that enables Ukraine to win an unwinnable war, and actually pair U.S. military aid to Ukraine with an all-out push to get Russia and Ukraine to the negotiating table and broker an end to this bloodshed?
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