While it has been consistently reported that Biden has been frustrated with and privately disparages Israeli Prime Minister Benjamin Netanyahu, in actuality, he has applied little pressure on Israel to follow basic humanitarian and international law while continuously avoiding following up on vaguely asserted red lines such as an invasion of Rafah. In fact, Biden has deliberately helped Israel pass a clear red line set by federal law.
Leaked reports and emails obtained by ProPublica from the State Department’s Bureau of Population, Refugees, and Migration and the U.S. Agency for International Development revealed that the two agencies independently concluded in April that Israel deliberately inhibited U.S. humanitarian aid to Gaza. This is significant as according to federal law Section 620I of the Foreign Assistance Act, the government should “freeze almost $830 million in taxpayer dollars earmarked for weapons and bombs to Israel.” This prohibition can be waived only if the President “determines that to do so is in the national security interest of the United States” and must notify congressional offices of their “intention to make such a determination, the effective date of the determination, and the reasons for making the determination.”
However, the Biden administration did no such thing when it ignored the findings of its agencies and deliberately lied to Congress when Secretary of State Antony Blinken claimed in his testimony that they “do not currently assess that the Israeli government is prohibiting or otherwise restricting the transport or delivery of U.S. humanitarian assistance,” just days after these findings were made. Military aid continued to flow unabated against the recommendations of State Department officials, citing Biden’s Memorandum on United States Conventional Arms Transfer Policy.
The United States Agency for International Development noted that Israel engaged in “arbitrary denial, restriction, and impediments of U.S. humanitarian assistance,” and the State Department officials stated they had to pressure Israeli officials to increase the flow of aid, admitting the restrictions Blinken pretended did not exist. Instead of instituting active pressure via the enforcement of law, the Biden administration disastrously relied on the mere word of Israeli government officials.
The current situation of aid in Gaza is worse than when the investigations were conducted. A letter sent by Blinken to Israeli officials stated, “the amount of assistance entering Gaza in September was the lowest of any month during the past year.” According to the United Nations, no food aid entered Gaza in the first half of October. Michael Fakhri, the UN’s Special Rapporteur on the Right to Food, labeled this a deliberate “starvation campaign.”
The Biden administration quietly acknowledges the existence of Israeli restrictions on aid yet publicly pretends they don’t exist to avoid actually following through with their legal commitments. Biden should at least publicly acknowledge and argue why Israel should continue receiving military aid, even though they are actively inhibiting U.S. humanitarian aid. Bill Clinton did so when he waived the blocking of security assistance under 620I for Turkey during the First Nagorno-Karabakh War, and set a precedent for waiving the law if necessary.
The letter from Blinken seemed to demonstrate a semblance of spine from the Biden administration in threatening a cutoff of military aid if clear policy guidelines were not met within 30 days. However, this was a farce and has already been demonstrated as such. Firstly, the deadline being set after the election gives zero incentive for the Israeli government to comply before then. As one U.S. official explained, “If Trump wins, I guess the Israeli response will say F-You.” Secondly, numerous demands in the letter have already been explicitly rebuked. The letter requested that Netanyahu push to block the passage of bills that would ban the United Nations Relief and Works Agency for Palestine Refugees in the Near East three months from operating in Israel and having contact with Israeli officials, noting that the ban “could have implications under relevant U.S. law and policy” as it would devastate “the Gazan humanitarian response at this moment.”
The two bills ultimately passed the Knesset (the Israeli legislature) 92-10. The only response has been State Department Spokesperson Matthew Miller stating they urged Israel to pause or block the bill. Once again, a blatant disregard of demands that is only met with meek pleading. Why should Israel choose to abide by American demands if the Biden administration doesn’t act on its threats?
Time and time again, Biden has let himself disregard his obligations and duty as president of the United States to appropriate military aid lawfully and has been disrespected by Netanyahu because he refuses to put his foot down. This is an unacceptable pattern that must be remedied by reasserting U.S. authority through the enforcement of the law. Military aid is a privilege, and the president needs to take it away.
The Zeitgeist aims to publish ideas worth discussing. The views presented are solely those of the writer and do not necessarily reflect the views of the editorial board.
