Biden gives Israel 45 days to submit report on international law violations or lose military aid
President Joe Biden issued a memorandum on Thursday night asking countries receiving US military funding to prove they’re following international humanitarian and human rights laws.
The timing of the memorandum coincides with President Biden’s unscheduled press conference where he took reporters’ questions on the Israel-Hamas war, saying Israel’s response is “over the top.”
For weeks now, reporters have pressed both the White House and State Department on their ability to assess if Israel is following international law as there have been no formal assessment procedures in place.
Administration officials have repeated that one innocent life killed is too many, but have stopped short of implying that Israel is in violation of international law.
Members of Congress raised concern over Israel’s human rights violations, The Post previously reported.
Led by Rep. Rashida Tlaib (D-MI), several progressive Democratic members issued a letter to Biden and the Government Accountability Office requesting an assessment of the State Department’s compliance with Leahy Laws and Conventional Arms Transfer policies regarding security assistance to the Israeli government
“We write today regarding your administration’s ongoing weapons transfers to the Israeli government despite considerable evidence that these transfers are flagrantly violating American and international law and being used in the commission of war crimes,” the letter to Biden said.
The letter cites a January 5 comment from White House National Security spokesman John Kirby in which he said he wasn’t aware of any assessments being done by the US government to analyze Israel’s compliance with international law.
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Biden’s memorandum requires states receiving military aid to provide the State Department and Congress with thorough reports every fiscal year with details of any alleged law violations, explanations for military actions in question, and the process taken to asses legality in making those decisions.
For countries actively involved in armed conflict, the memorandum requires the first assessment to be submitted within 45 days of Feb. 8. If not received within that time frame, then the transfer of defense articles and services will be paused until “required assurances are obtained.”
“In order to effectively implement certain obligations under United States law, the United States must maintain an appropriate understanding of foreign partners’ adherence to international law, including, as applicable, international human rights law and international humanitarian law,” the memorandum says.
If reports of violations are found credible, defense articles or services could be suspended.
According to the memorandum, “As a matter of international law, the United States looks to the law of state responsibility and United States partners’ compliance with international humanitarian law in assessing the lawfulness of United States military assistance to, and joint operations with, military partners.”
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