Leaked internal memos from the State Department and the U.S. agency providing foreign aid suggest that Israel is breaching a White House directive by blocking U.S. aid into Gaza. This violation legally requires President Joe Biden to suspend military assistance to Israel as their offensive in the Palestinian enclave nears seven months. In February, Biden issued National Security Memorandum-20 requiring countries like Israel to provide assurances that they would not violate international humanitarian law, including restricting humanitarian assistance. Israel made this pledge on March 25, but internal memos question the credibility of their compliance.
An internal State Department memo, jointly submitted to Secretary of State Antony Blinken, cites examples of Israeli military actions that could be considered violations of international humanitarian law. The memo details instances of bombing protected sites, causing civilian harm, lack of accountability for harm caused, and the killing of journalists and humanitarian workers. The State Department memo also notes instances where Israel restricted humanitarian aid, potentially violating NSM-20 requirements. DAWN Executive Director Sarah Leah Whitson argues that the leaked confirmation of Israel’s restrictions on U.S. humanitarian assistance necessitates the suspension of military aid to Israel.
A leaked internal assessment by USAID suggested that Israel is not currently demonstrating the necessary compliance with the NSM-20 requirement to not impede U.S. humanitarian assistance. Additionally, a task force of international law and policy experts concluded that Israel’s siege on Gaza and blocking of U.S. aid violate the U.S. Foreign Assistance Act. Section 620I of the law requires the immediate suspension of military assistance to any country that impedes U.S. humanitarian aid. DAWN advocacy director Raed Jarrar argues that Section 620I has been rendered toothless and demands that President Biden fully enforce the law and halt aid to Israel.
While the White House has not commented on the memos, the Biden administration has publicly claimed that Israel has not violated international law. Israel launched its military offensive in response to an attack by Hamas, resulting in the death of thousands of Palestinians, displacement of families, and a man-made famine in Gaza. Recent reports suggest that Israel’s plan to invade the southern Gaza city of Rafah is concerning, with Biden stressing the need for sustained and enhanced humanitarian aid delivery. Jarrar emphasizes that Israel’s actions in Gaza show a disregard for civilian life and international law, and suspending military aid is necessary to prevent complicity in these abuses.
Overall, the leaked memos reveal growing concerns within the U.S. government about Israel’s compliance with international humanitarian law and restrictions on U.S. humanitarian aid to Gaza. The calls for Biden to enforce the law and suspend military aid to Israel highlight the urgent need for accountability and consequences for actions that violate human rights and international law. The situation in Gaza remains dire, with continued military offenses and blockades causing immense harm to civilians and creating a humanitarian crisis that requires immediate attention and action.
