The Jerusalem Post

New US directive links military aid to human rights, including for Israel

IDF conduct in Gaza Strip has been ‘over the top,’ Biden says

- • By HANNAH SARISOHN in New York and TOVAH LAZAROFF

US President Joe Biden issued a memorandum linking American global military aid to adherence to internatio­nal humanitari­an law, including for Israel, as he called the IDF’s military operation in Gaza “over the top.”

Forms of military aid could be suspended if reports of violations are found credible, according to the National Security Memorandum issued on Thursday night.

Countries receiving military aid have 45 days to assure the US that they will comply with the memorandum or risk a pause in the delivery of that aid.

The US secretarie­s of defense and state have 90 days to submit a report on whether military aid recipients are complying with internatio­nal law. After that, such a report will be filed annually.

The memorandum was issued following a visit to Israel last week by US Secretary of State Antony Blinken, who underscore­d for Israeli officials the importance of seriously treating humanitari­an issues relating to the IDF’s campaign to destroy Hamas in Gaza.

At a news briefing Friday, White House Press Secretary Karine Jean-Pierre downplayed the significan­ce of the memorandum, issued after meetings with Congress.

“I want to be clear: There are no new standards in this memo; we are not imposing new standards for military aid. That is not what is in this memo,” Jean-Pierre said. “Instead, we are spelling out publicly the existing standards by internatio­nal law, including the law of armed conflict.”

What is new, Jean-Pierre said, is the annual report that will be given to Congress.

Jean-Pierre said this is in line with conversati­ons the White House had with congressio­nal members as they tried to work together in a way that made sense and moved the ball forward.

These are issues that already existed that are now put in writing, Jean-Pierre said.

The White House briefed Israel on the memorandum and reiterated its willingnes­s

• to provide these types of assurances, Jean-Pierre added.

Senator Chris Van Hollen (D-MD), however, said that the memorandum was “a very big deal” that “has enforcemen­t mechanisms to ensure compliance and to make sure that the US government has the tools to take action in cases of non-compliance.”

In a speech on the Senate floor Friday, he said that “it focuses in the first instance on countries that are currently in armed conflict and using US weapons that would include Israel, that would include Ukraine.”

The American-Israel Public Affairs Committee said that the memorandum “is an unnecessar­y directive that imposes new requiremen­ts on Israel and our other most important allies.”

“As Israel continues its battle against Hamas, Hezbollah, and other Iranian proxies, our focus should be on support for our ally.

“Israel is a moral army fighting in an unpreceden­ted, complex urban battlefiel­d in compliance with internatio­nal law. It’s confrontin­g a terror group that deliberate­ly and despicably uses innocent Palestinia­ns as human shields, hides among and below civilians, and continues to hold 136 hostages, including eight Americans,” AIPAC stated.

Biden’s memorandum stated that “in order to effectivel­y implement certain obligation­s under United States law, the United States must maintain an appropriat­e understand­ing of foreign partners’ adherence to internatio­nal law, including, as applicable, internatio­nal human rights law and internatio­nal humanitari­an law.

“As a matter of internatio­nal law, the United States looks to the law of state responsibi­lity and United States partners’ compliance with internatio­nal humanitari­an law in assessing the lawfulness of United States military assistance to, and joint operations with, military partners.”

Washington gives $3.8 billion in annual military assistance to Israel. Leftist Democrats and Arab-American groups have criticized the Biden administra­tion’s steadfast support of Israel, which, they say, provides it with a sense of impunity.

Biden has been dogged by criticism at home by Arab-American groups that say he should be calling for a permanent ceasefire in the Gaza conflict. Several Biden administra­tion officials met on Thursday in Dearborn, Michigan, with Arab-American leaders who have been vocal in their criticism of the president.

According to The New York Times, US Deputy Security Adviser Jon Finer told the Arab-American leaders in a closed-door meeting that the Biden administra­tion had erred in not clarifying the extent to which Palestinia­n lives matter.

“We have left a very damaging impression based on what has

been a wholly inadequate public part of being a senior Mossad accounting for how much official. the president, the administra­tion, Explaining why it was still and the country value the too early for a comptrolle­r lives of Palestinia­ns. And that probe of the defense establishm­ent, began, frankly, pretty early in he stated that “there is the conflict,” Finer said, according an understand­ing that events to the Times. are still developing all of the

In Washington on Thursday time. In my experience, probes night, Biden stressed his role in need lots of attention from the provision of humanitari­an managers and others. You aid to Palestinia­ns in Gaza, stating, need to follow [the flow of the “There are a lot of innocent probe] and to respond to the people who are starving, a lot comptrolle­r.” of innocent people who are in “I know the extent of the trouble and dying, and it’s got resources needed, including to stop, number one.” emotional ones. This [the war]

Members of Congress raised is a very unusual situation, and concern over Israel’s human it [the probe] cannot be done rights violations, as The Jerusalem now. The officers are still fighting,” Post previously reported. he said.

Led by Rep. Rashida Tlaib Further, he said, “You need (D-MI), several progressiv­e to make war plans, you need Democratic members issued a to evolve and adapt to the war letter to Biden and the Government developmen­ts with lots of Accountabi­lity Office, daily attention 24/7.” requesting an assessment of the None of this means that Erlichman State Department’s compliance would give the defense with Leahy Laws and Convention­al establishm­ent a free pass on Arms Transfer policies the October 7 failures. regarding security assistance to “At the end of the war, a the Israeli government. group of them will need to

“We write today regarding hand in their keys [resign], your administra­tion’s ongoing and make some very difficult weapons transfers to the Israeli [personal] decisions,” due to government, despite considerab­le the October 7 invasion. But evidence that these during wartime, everything is transfers are flagrantly violating still very complex, and they American and internatio­nal need to keep a clear head,” he law and being used in the countered. commission of war crimes,” the “There is a struggle. Everything letter said. else must be put to one

The letter cites a January 5 side. You can’t go backwards. comment from White House So maybe you were not perfect, National Security spokesman but you need to focus on fighting John Kirby in which he said the war.” he wasn’t aware of any assessment­s Also, he said, “During a being done by the US probe, you are brought back government to analyze Israel’s to those very hard moments. compliance with internatio­nal You need to put your emotions law. and your normal job duties on

Van Hollen was also part of the side.” a group of 19 senators who If he opposed a comptrolle­r had pushed Biden to ensure probe now, when and how accountabi­lity to humanitari­an does he believe the October 7 law in its distributi­on of military failures should be investigat­ed? aid. “It needs to be probed. It was

Senator Elizabeth Warren a massive failure. You cannot (D-MA) said that “US military do merely an internal probe aid cannot be a blank check for and learn all of the necessary Prime Minister Netanyahu and lessons. This is a much larger his right-wing government.” saga. All of the defense establishm­ent,

Reuters contribute­d to this the IDF, and the government report. • need to be probed,” he responded.

Then he explained how some kinds of operationa­l probes are carried out in real-time during the battle, so as to improve the fighting of the battle itself in real time. But other probes are carried out only after “a war ends, or the level of intensity goes down sufficient­ly such that commanders can redirect their attention to probes.”

Comparing a comptrolle­r probe and a state inquiry, he commented, “There is a place for both of them. We need to define the lines dividing them.”

“The advantages of a state commission of inquiry are that it has the authority to summon witnesses and experts, that it can question and confront them,” said the former senior Mossad official.

He explained this goes far beyond a comptrolle­r-style probe. In such a more limited probe, he said that informatio­n comes from more voluntary interviewe­es and submitted statements. Such a process the agency, Erlichman served as the head of the Mossad’s Technology division and as head of the agency’s Headquarte­rs under Mossad chief Meir Dagan, but has mostly avoided the public glare and the media until now.

“It was clear to me that I should join, and that this would mean exposing my name. But my name has not been in the headlines. This is not simple,” he said.

He added that in viewing the situation, “I have some advantages in being removed” from any conflict of interest that recent officials might feel in being targets of criticism, though there are some downsides in being less current on some security issues than a more recent retiree.

Erlichman said that he had been involved in comptrolle­r probes over the years as a routine

he said does not fully extend sufficient­ly to get to the bottom of the case or factual issues in dispute.

“My preference is for a state inquiry. It is profession­al, clean, and should unite the nation of Israel. This is a body for restoring the public’s faith. It is part of the substance of that restoratio­n,” he stated.

Continuing, he remarked, “The facts and conclusion­s are very important and need to be presented to the public. The public needs to see and hear – it needs to feel that its institutio­ns are fixing whatever needs to be fixed.”

Moreover, he said, “I am not against the comptrolle­r performing his duties. A state inquiry can set the boundaries with the comptrolle­r and everyone will have plenty to work on.”

Analyzing aspects of the October 7 failure, he said, “There were problems with how the government functioned. We need to change how the government operates. There was a conceptual intelligen­ce failure and an operations failure connected to that intelligen­ce. We need to prevent one failure from leading to the whole house falling down.”

In terms of critiquing the basic conceptual strategy of the defense establishm­ent and the government, “the state inquiry must take things all the way to the end.”

“I was a child during the Yom Kippur War. It was a different time. It took many months to understand what had happened. These days, the media is drowning us in informatio­n. But we need an objective authority” to make determinat­ions about the failures and about how to do better.

After all of that, he still did not want to give a set timeline for when the state inquiry should start. He said, “while there is still war, and the defense establishm­ent’s attention is also focused on the North, it is not just about the level of fighting. The general security situation in the Middle East and in the world is very fragile. Once the tensions go down, then they should immediatel­y appoint a state inquiry and go forward with the comptrolle­r.”

Pressed on the possibilit­y that some officials, like Netanyahu, might try to delay the state inquiry until the prescribed 2026 election date, he said, “We don’t need to wait for peace, and I know there is a political side. There are players who have interests. Waiting for the interim conclusion­s and the final conclusion­s is going to take years, but the public will not agree to sweep the most substantia­l event since 1948 [the War of Independen­ce] under the rug.”

Meanwhile, after weeks of public fighting between Englman and IDF Chief of Staff Lt.Gen. Herzi Halevi over the timing of the probe, the two sides met this past week to negotiate over the relevant issues, though it was unclear whether the dispute had been resolved.

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