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(Washington DC) – Israel On July 24, 2024, Israeli Prime Minister Benjamin Netanyahu appeared before a joint session of Congress and stressed that the United States continues to provide large amounts of weapons to the Israeli military, despite credible allegations that the United States is War crimes Human Rights Watch said today that Israeli troops have invaded Gaza.
“U.S. officials are well aware of the growing evidence that Israeli forces have committed war crimes in Gaza, most likely using U.S. weapons,” he said. Tirana Hassan“U.S. lawmakers should be seriously concerned about the liability risks of continuing to provide weapons and intelligence when Israel is only tenuously guaranteeing compliance. Laws of War”
In 2023, the Biden administration A revised conventional arms export policy was issued The resolution adjusts its approach by lowering the “level of certainty required to deny an arms transfer” from “actual knowledge” to “a greater likelihood of ascertaining the risk that the arms will be used to commit, facilitate or exacerbate violations of international law.” Domestic law also requires risk assessments before providing security assistance and sets red lines for when assistance is not permitted.
However, the Biden administration Reported In May, the Israeli army told Congress that it complied with U.S. domestic policies and laws regarding arms transfers. In March, Human Rights Watch and Oxfam warn The Israeli government’s assurances to the Biden administration that it is meeting U.S. legal requirements are not credible. The two groups jointly submitted a dossier to the State Department showing that Israeli forces have violated international humanitarian law, including obstructing humanitarian assistance and conducting unlawful attacks that have killed civilians.
The Israeli military has illegally attacked residential buildings, medical facilities and aid workers, restricted medical evacuations, and used starvation as a weapon of war in the Gaza Strip, where nearly half a million people are experiencing “CatastrophicThere is a lack of food and conditions are like famine. According to the Gaza Health Ministry, the Palestinian death toll has exceeded 38,600.
Israeli authorities have detained and tortured thousands of Palestinians, with reports of abuses continuing. Kill Since October 7, settlers and soldiers have Entire Palestinian communities displacedEvery house was destroyed, apparently with the support of high-level Israeli authorities, and effectively confiscated Palestinian land.
Human Rights Watch, Amnesty International and dozens of media reports, including CNN, NPRthis New York Timesand AFPRepresentatives of international organizations and non-governmental organizations such as the United Nations Security Council confirmed that Israel used American weapons in illegal attacks, killing dozens of civilians and aid workers.
In May this year, President Biden announced that the United States would suspend At least one batch of goods The United States government provided Israel with weapons including 2,000-pound bombs, 500-pound bombs, and artillery shells. In July, the US government clarified that it only retained the 2,000-pound bombs and would Release 500 lb bomb Israel. It said its “concern” was about “the ultimate use of the 2,000-pound bomb, specifically for the Israeli campaign of Rafah, which they have announced is coming to an end.”
Legal scholars and U.S. lawmakers have warned in recent years that U.S. support for Saudi Arabia’s military campaign in Yemen, including through arms sales, could make American officials legally liable for war crimes.
In 2016, U.S. State Department officials reviewed arms sales to Saudi Arabia, according to media reports. Expressing Concern The jurisprudence of international tribunals can provide precedent for their own responsibility. Draft Letter A State Department lawyer has concluded in a report to the secretary of state that U.S. officials could be charged with war crimes for the actions of the Saudi-led coalition in Yemen.
In 2020, while discussing the risks of continuing to sell arms to Saudi Arabia, Oona Hathaway“If I were a State Department official, I would be panicking about the potential liability I might face,” Yale Law School professor and Obama administration Defense Department lawyer told The New York Times. “I think anyone involved in this program should hire a lawyer. Given that so many civilians have been killed and the United States continues to provide support, this is a very dangerous situation.”
In 2022, U.S. Senators Elizabeth Warren, Bernie Sanders, and Mike Lee sent a letter to the Department of Defense and the State Department, call “A thorough investigation into possible U.S. involvement in harming Yemeni civilians.”
A state may be complicit in war crimes and other wrongful acts if it provides assistance to another state or non-state armed group and that assistance knowingly and significantly contributes to wrongful conduct. Under international law, individuals can be convicted of complicity for “aiding and abetting” war crimes.
The United States and other arms suppliers should Suspension of military aid and arms sales Human Rights Watch said the Biden administration should use its influence over Israel to save lives, including through military aid and targeted sanctions to pressure Israeli authorities to provide humanitarian aid and basic services and stop serious violations in Gaza.
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