Biden administration stands firm on military aid to Israel amidst lawmaker pressure

The Biden administration said it has no intentions of putting any conditions on the military aid it is giving to Israel, despite increasing pressure from Democratic legislators and human rights groups to stop providing weapons unless Israel does more to safeguard the civilians in Gaza. President Joe Biden mentioned that he has had difficult conversations with Israeli Prime Minister Benjamin Netanyahu, both about Israel's military operations and its diminishing international support, and the importance of a two-state solution led by the Palestinian Authority. However, he insisted that the United States will continue to protect Israel without making any changes.

US officials told CNN that the United States has no intention of setting boundaries regarding the transfer of weapons and munitions to Israel. They emphasized that the administration anticipates that allies and partners will use US-made equipment in accordance with international humanitarian law. Additionally, they highlighted Israel's practice of embedding military lawyers with Israel Defense Force units to assess the legality and proportionality of strikes in advance.

Rather than independently evaluating each Israeli strike that raises concerns, the United States relies on Israel to justify its actions after the fact, a US official explained. Despite President Biden's previous statement about conditioning aid, he ultimately believes that quietly pressuring Israel to change its tactics has been more effective than threatening to withhold weapons.

The US reaffirmed its commitment to arming Israel by sending an emergency declaration to lawmakers for the sale of thousands of tank munitions, bypassing the standard 20-day review period. The State Department did not assure lawmakers that the administration would monitor the use of the munitions, leading to discontent among some Democratic lawmakers.

Contrast to conditions on Ukraine

Democratic Sen. Elizabeth Warren of Massachusetts criticized the Biden administration for sidestepping Congress to approve the sale of tank ammo for Israel, citing the unacceptable civilian harm. "Weapons transfers demand public scrutiny and thorough review. U.S. military aid should be contingent on upholding our values and international law," Warren said on Monday.

The US has set specific conditions on the military equipment it supplies to Ukraine, making it clear that the weapons cannot be used to attack inside Russia. However, no such restrictions exist for the aid given to Israel. While the US has cautioned Israel against launching a large-scale attack on Hezbollah, it has not threatened to stop aid if they do.

The Biden administration's funding request to Congress includes provisions to lift existing limits on US weapons transfers to Israel. These provisions would remove the current monetary cap on restocking Israel's supply of US-provided weapons, allow the Pentagon to transfer weapons to Israel regardless of their status in US stocks, and reduce the period for Congressional review of weapons sales to Israel.

When asked on Monday about reports of Israel using US-supplied white phosphorus munitions in an attack that injured civilians in southern Lebanon earlier this year, National Security Council spokesperson John Kirby stated that the expectation when providing such items to another military is for them to be used in accordance with legitimate purposes and the law of armed conflict.

According to US officials, the death of civilians as a result of a military operation is not considered a violation of the law of armed conflict. Instead, the legality of Israel's operations is judged based on the proportionality of its strikes and whether legitimate military targets are being sought. However, it is acknowledged that real-time assessments of each Israeli strike, the weapons used, and the resulting civilian casualties are not being conducted.

It is "nearly impossible" to conduct such an accounting in a high-intensity war zone, according to two officials. Israel acquires weapons from multiple countries and does not disclose to the US each time it utilizes a US-supplied bomb or munition.

However, human rights organizations have proven that conducting a limited, case-by-case accounting is feasible. Amnesty International's recent investigation revealed that a US-made Joint Direct Attack Munitions guidance system was utilized in two Israeli airstrikes in Gaza in October, resulting in the deaths of 43 civilians. The US has supplied Israel with approximately 3,000 JDAMS since October 7, according to a source familiar with US arms sales to Israel.

According to a senior defense official speaking to CNN on Monday, the Pentagon is not officially reviewing the Amnesty report. However, the Pentagon's Civilian Harm Mitigation and Response team will take the report into consideration, along with other publicly available information about civilian harm, as they advise senior DoD leaders. Some lawmakers and human rights activists are concerned that the US may not be fulfilling its international obligation to monitor how Israel uses US-provided weapons, especially the "bunker-buster" bombs and their fragmentations, of which the US has provided at least 140 to Israel.

Amnesty has warned that the US could be held accountable for Israel's violation of international humanitarian law due to the supply of US weapons. According to the Hamas-run Gaza Ministry of Health, over 17,000 Palestinians have been killed since Israel declared war on Hamas on October 7, after an attack that resulted in the deaths of over 1,200 Israelis. This attack is considered the worst in Israel's history.

The Biden administration is monitoring the number of US-provided bombs used by Israel in the war. According to a source with direct knowledge, officials have estimated that Israel dropped 22,000 US-provided guided and unguided bombs on Gaza in the first six weeks of the conflict. Democratic lawmakers are increasingly urging the US to take action, with more than a dozen Senate Democrats announcing their support for an amendment to the Biden administration's supplemental funding request. This amendment would require the president to verify within 30 days to Congress that countries receiving US military aid are using it in line with international humanitarian law and the law of armed conflict.

The language in the 2024 annual intelligence authorization bill, if approved, would also mandate that the intelligence community inform Congress if any U.S.-provided intelligence used by another country resulted in civilian casualties. This legislation was drafted prior to October 7, but has gained increased significance in light of the scrutiny over Israel's utilization of American assistance in Gaza.