The White House is avoiding questions about Democratic lawmakers’ efforts to strengthen congressional oversight of U.S. arms transfers to Israel.
“Generally speaking, we obviously take Congress’s oversight responsibilities very, very seriously,” John Kirby of the National Security Council said in response to a VOA question during a press briefing at the White House Thursday. “We are doing our best to inform and consult Congress appropriately as we provide foreign military assistance to other countries, including Israel.”
A group of senators from President Joe Biden’s own party, led by Sen. Tim Kaine, is work to change a provision in the National Security Supplemental Funding Bill. This provision waives requirements for monitoring U.S. aid to Israel under the Foreign Military Financing Program.
Kaine wants to block an administration request that would allow the sale of military equipment and weapons to Israel for up to $3.5 billion without informing lawmakers. This is part of the $106 billion additional national security funding request sent to Congress on October 20.
If the administration’s request is approved, waiving the requirement to notify Congress would further reduce lawmakers’ power to control arms transfers to Israel. The administration has already twice circumvented the standard requiring a 15-day congressional review period since the start of the war in Gaza, December 9 for $147.5 million and December 29 covering $106 million. In each case, US Secretary of State Antony Blinken invoked a rarely used “emergency authority” to approve the immediate arms sale.
In addition to Kaine’s amendment, there is A resolution introduced by Democratic Senator Bernie Sanders, demanding that the Biden administration report whether Israel has committed human rights violations in Gaza in order to ensure that arms transfers and military aid provided comply with US law and to international law. Congress will vote on the resolution next week.
No indication of violation
Kirby insisted that the administration’s foreign military assistance to Israel is carried out in accordance with the “intent and spirit of the law.” He reiterated that even as the administration urges Prime Minister Benjamin Netanyahu’s government to reduce civilian casualties, Washington is not actively assessing whether Israel is violating laws on armed conflict because it “sees no indication” of such a violation by the Israeli army in the conduct of its military campaign. against Hamas.
He would not confirm whether Israel is held to the same accountability standards as other countries receiving U.S. weapons, but said the administration has “been very clear” about its expectations for how U.S. weapons are handled. used.
The Biden administration has put in place guidelines to improve mechanisms to ensure that U.S. weapons are not used to harm civilians, partly in response to the Trump administration’s use of emergency authority in 2019 to circumvent Congress in arms sales to Saudi Arabia, US. Emirates and Jordan. The Trump administration then argued that the Iranian threat constituted an appropriate emergency.
Guidelines established by the Biden administration include the 2023 Conventional Arms Transfer Policy which states that Washington must consider the risk that “the recipient could use the arms transfer to contribute to a violation of human rights.” “human or international humanitarian law, based on an assessment of available information and relevant circumstances” and the 2023 Civilian Damage Incident Response Guide which establishes a framework for investigating reports of civilian harm by partner governments using American weapons. Critics of the administration say these guidelines do not apply to U.S. weapons sent to Israel.
Under pressure
In December, 77 groups – representing tens of thousands of lawyers, civil society leaders and activists from various countries – filed an amicus brief in support of a lawsuit brought by Palestinian human rights organizations and American citizens whose family members were affected by Israel’s continued assault. The lawsuit accuses Biden, Secretary of State Antony Blinken and Defense Secretary Lloyd Austin of failing to “prevent genocide from occurring” in Gaza.
Biden political appointees and administration officials have resigned in protest over Biden’s unwavering support for Israel, including Josh Paul, former director of congressional and public affairs at the State Department’s transfer office. of Arms, who left office in October.
“If you look at the American position on Russia’s invasion of Ukraine and its use of weapons to hit hospitals, to hit the power grid, the United States is rushing to issue statements condemning such attacks” , Paul told VOA. “In the case of Israel, well, of course it’s our weapons that are being used. It’s unthinkable that we wouldn’t do the same type of analysis.”
Rapid arms transfers to Israel are supported by Michael Makovsky, president of the Jewish Institute for National Security of America, a group aiming to promote “a strong security relationship between the United States and Israel.”
“Israel’s most urgent need is time,” Makovsky said. “Israel also needs a lot of munitions. To continue its campaign against Hamas and to be ready in case Hezbollah, Iran’s terrorist proxy based in Lebanon, increases the severity of its already daily attacks, Israel needs more bombs .”
Katherine Gypson contributed to this report.