Biden memo says countries receiving U.S. weapons must abide by international law

The memorandum does not include any new guidelines or conditions, but instead requires the State Department to receive written assurances from countries receiving U.S. weapons that they will adhere to existing U.S. standards. These include compliance with international law and facilitating the transportation of U.S. humanitarian aid.

The memorandum was announced just as Israeli Prime Minister Benjamin Netanyahu announced that the Israeli military would continue its Gaza operations in Rafah. More than 1 million Palestinians have fled to safety in Rafah under Israeli guidance. On Thursday, White House Press Secretary John Kirby said an Israeli operation in Rafah under the current circumstances “would be a disaster for those people and we will not support it.”

Israel faces punishment in Gaza after Hamas militants breached the border fence and rampaged through the border fence on October 7, killing 1,200 Israelis, many of them civilians, and taking about 250 hostages. began military action. Israeli military operations have killed more than 27,000 Palestinians in the Gaza Strip and laid siege to the enclave, cutting off most access to food, water, electricity, medicine and other necessities, creating a humanitarian catastrophe. caused hundreds of deaths. The World Food Program says thousands of people are at risk of starvation.

Israeli protesters have blocked aid trucks from entering the Gaza Strip, and the United States has been pressuring Israel for months to allow more aid to the enclave.

The memorandum also came as the Senate began voting Thursday on a $95 billion foreign aid package that includes $14 billion in aid to Israel and funds for Ukraine and Indo-Pacific allies.

Sen. Chris Van Hollen (D-Md.), who represents purple states like Georgia, is leading a push to amend the foreign aid bill to require countries receiving aid to comply with international law. It has attracted 18 co-sponsors, including senators. and Wisconsin. He hopes to draw support for the amendment by avoiding votes that would appear to criticize the Biden administration for how it treated allies during the war.

Van Hollen’s amendments in that the memorandum includes some sort of enforcement mechanism that would require the president to take action if notified by the Secretary of State that a country is not in compliance. It’s even more advanced than originally planned. The measures could include suspending military aid, but they may not be as drastic.

“This is about creating a liability structure,” Van Hollen said. “This is a huge deal. I applaud the president for this historic action.”

Van Hollen and other Democratic senators said the Israeli government has stalled aid to the devastated region, where thousands of civilians have been killed in what Biden once called “indiscriminate bombing.” The situation is sounding the alarm about Prime Minister Netanyahu’s approach to conducting the war.

“I believe this will make it even more impactful.” [to Biden] “We will ensure that all recipients of U.S. military aid, including the Netanyahu government, comply with international humanitarian law and further cooperate in providing humanitarian assistance.”

Administration officials emphasized that the White House did not issue a memorandum because it felt that none of the countries violated existing standards. The official, who spoke candidly on condition of anonymity, said the government regularly consults with Israel about limiting civilian casualties, respecting international law and increasing humanitarian aid to Gaza, but said the government has He said he did not believe that the company had not complied with the request. standard.

“This will allow the whole world to participate in that conversation,” the official said of talks with Israel. “In addition to conversations with Israelis, this is a way to communicate in one place…this is what we value and especially expect from the countries that receive our weapons.” This is set out as a policy. It’s not new to anyone, but I think it’s important to make that clear. ”

The memorandum also requires the State Department and the Department of Defense to assess whether any country is using weapons in a manner inconsistent with best practices for reducing harm to civilians. The first report is expected to be submitted to Congress within about three months, with reports to be submitted once a year thereafter.