Madam President, I rise in support of the joint resolutions of disapproval that the Senate is considering today on the sales of certain offensive weapons to the Netanyahu government. To be clear, I do not support an arms embargo on Israel,…
Madam President, I rise in support of the joint resolutions of disapproval that the Senate is considering today on the sales of certain offensive weapons to the Netanyahu government.
To be clear, I do not support an arms embargo on Israel, but I do believe that the United States should pause the delivery of offensive weapons until the Netanyahu government meets the requirements of U.S. law and policy with respect to the delivery of humanitarian assistance to civilians in Gaza and the use of American weapons there.
This is not about abandoning support for Israel; this is about making sure Americans' support for Israel complies with American laws and policies and values. We would not be on this floor considering these resolutions if that was happening today, and these votes will be the one opportunity that Members of the Senate have to send that message. I urge my colleagues to support them.
Following the Hamas attacks of October 7, I have, as probably every Senator has, supported Israel's right to defend itself--in fact, argued that they have a duty to defend themselves--and end Hamas's control of Gaza, and I am steadfast in that support to this moment. There must be no more October 7ths.
At the same time, U.S. taxpayer-funded assistance should not come in the form of a blank check, even to our closest allies. We need to ensure that U.S. interests, values, and priorities will be respected by foreign governments that receive U.S. assistance. That is why our security assistance to many countries includes various conditions to encourage progress on human rights.
In some cases, as in the case of Ukraine, we have limited the use of certain systems to align with U.S. national security interests. In other cases, including even some NATO allies, we have prevented the transfer of certain advance weapons systems when our policies goals do not align.
The one minimum standard that we must apply to all recipients of American security assistance is compliance with American laws, and it is compliance with that minimum standard that we are talking about here today--nothing more, nothing less. The Netanyahu government should not be exempt from that universal requirement of American law.
The United States has provided billions and billions of dollars of American taxpayer-financed bombs and other offensive weapons systems, but we have seen Prime Minister Netanyahu repeatedly violate the terms of American security assistance, disregard U.S. priorities, and ignore our requests, only to be rewarded by more bombs and more money. That pattern undermines the credibility of the United States around the world and creates an unacceptable double standard that our adversaries are exploiting.
Two of the conditions that every recipient of U.S. security assistance must meet are, one, they must facilitate and not arbitrarily restrict the delivery of humanitarian assistance into war zones where those U.S. weapons are being used--war zones like Ukraine and war zones like Gaza--and, two, they must use American-supplied weapons in accordance with international humanitarian law, which was well developed after World War II and what Senator Graham spoke to.
The Netanyahu government is violating both of these requirements in Gaza, and by refusing to take action, the President and the United States are complicit in those violations of American laws and American values.
Let's look at the unacceptable restrictions being placed by the Netanyahu government on the delivery of humanitarian aid to desperately needy civilians in Gaza right now. It has been well documented that there was some improvement in the delivery of humanitarian supplies in Gaza last April, around the time that the Biden administration had to submit the NSM-20 report to Congress, but since then, aid levels have been on a downhill slide and then a precipitous drop. The cumulative impact of severe restrictions on the delivery of humanitarian aid has worsened an already catastrophic humanitarian situation in Gaza. Senator Sanders spoke to the conditions there.
In fact, that is why President Biden directly called on Prime Minister Netanyahu to increase aid to Gaza on many occasions--most recently in an early October call--and that is why, on October 13, Secretaries Austin and Blinken expressly reminded Israeli Government officials, in a letter that I have here, of their obligations under U.S. and international law. They specifically cited section 620I of the Foreign Assistance Act and National Security Memorandum 20 to facilitate and not arbitrarily restrict the delivery of humanitarian assistance.
Here is what our two Secretaries wrote in that letter:
We are particularly concerned that recent actions by the
Israeli Government--including halting commercial imports,
denying or impeding nearly 90% of humanitarian movements
between northern and southern Gaza in September--
And then they go on to list a number of other things--
are contributing to an accelerated deterioration in Gaza's
conditions.
Then Secretaries Austin and Blinken laid out a series of key measures against which they said the United States was going to measure the Netanyahu government's compliance. They mentioned enabling a minimum of 350 trucks per day to enter Gaza. They mentioned instituting adequate humanitarian pauses across Gaza to enable humanitarian activities. They mentioned reinstating a minimum of 50 to 100 commercial trucks per day. They had a long list of items.
So what do eight very respected international NGOs that conduct humanitarian relief in Gaza and monitor it have to say about whether those conditions were met? Well, they have compiled a scorecard. I have got it right here. And what they say on the specific items I mentioned was that the Netanyahu government failed. In fact, the overall report card concludes ``Israel Fails to Comply With U.S. Humanitarian Access Demands in Gaza.''
In fact, they determined that not only did the Netanyahu government fail ``to meet the U.S. criteria that would indicate support to the humanitarian response, but concurrently took actions that dramatically worsened the situation on the ground, particularly in Northern Gaza.''
They said that the situation is even more dire today than a month ago. In other words, because of those actions that were taken, the situation was worse than when Secretaries Austin and Blinken sent their letter.
Indeed, an independent Washington Post analysis found that ``Israel has largely failed to comply with the three main demands of the U.S. letter.''
In that November 12 Washington Post article, they also pointed out the following:
Israeli Prime Minister Benjamin Netanyahu has refused to
publicly disavow the plan, which calls for the military to
take control of the north by starving out the civilian
population and treating everyone who remains as combatants.
The story goes on to say:
The Israeli Defense Force says it has been given no such
orders and is focused on dismantling Hamas, but the ongoing
military operation in the north appears to have much in
common with the strategy.
It is called the ``General's Plan.''
A leading Israeli newspaper, Haaretz, editorialized with the following headline:
Netanyahu's Ethnic Cleansing in Gaza Is on Display for All
to See.
That is a view that has also been echoed by many Israeli human rights organizations, and I commend them on all the work that they do every day.
And I find it extraordinary that so many of our colleagues come to this floor to talk about human rights abuses across the world. They cite Human Rights Watch. They cite Amnesty International. But when it comes to those organizations writing reports about human rights violations conducted by the Netanyahu government--oh, no--they run away from that.
So let's look at what others have said in terms of monitoring the situation right now in Gaza.
On November 1, the principals of the Inter-Agency Standing Committee, the leaders of 15 U.N. and humanitarian organizations--including World Food Programme Executive Director Cindy McCain and UNICEF Director Catherine Russell, two American leaders of those organizations--said:
The situation unfolding in North Gaza is apocalyptic.
And they say:
The entire Palestinian population in North Gaza is at
imminent risk of dying from disease, famine and violence.
Humanitarians are not safe to do their work and are blocked
by Israeli forces and by insecurity from reaching people in
need.
They say:
Rescue teams have been deliberately attacked and thwarted
in their attempts to pull people buried under the rubble of
their homes.
Yet we keep sending more bombs.
In that statement, the U.N. and humanitarian leaders also issued this call:
Member States must use their leverage to ensure respect for
international law. That includes withholding arms transfers
where there is a clear risk that such arms will be used in
violation of international law.
So let's look at the use of American weapons. In its May 10 NSM-20 report to Congress, the Biden administration concluded:
[I]t is reasonable to assess that defense articles covered
under NSM-20 have been used by Israeli security forces since
October 7 in instances inconsistent with its [International
Humanitarian Law] obligations or with established best
practices for mitigating civilian harm.
And in that report--and I urge my colleagues to look at it--the administration identified a sampling of cases of civilian harm incidents where U.S. weapons were used. And they said there are some ongoing investigations and we are still waiting for answers from the Netanyahu government.
Well, just a few weeks ago, there was a report that we now have 500 cases of civilian harm where U.S. weapons were used under review.
And if you look at the most recent letter from Secretaries Blinken and Austin, you will see that they reference, at the bottom of their report, the following--and I want to read this because their letter says:
Lastly, it is crucial that our governments establish a new
channel to raise and discuss incidents of civilian harm. Our
previous engagements have not achieved the necessary
outcomes. We request the initial virtual meeting for this
channel to be held by the end of October.
This is more than a year into the war, and here you have the Secretary of Defense and the Secretary of State saying they are not getting enough information from the Netanyahu government to be able to make decisions about whether or not U.S. weapons have been used in violation of international humanitarian law. Yet, despite not getting that information, the administration has continued to send those taxpayer-financed offensive weapons.
And it is very clear that the Netanyahu government continues to conduct operations in Gaza in a way that results in large numbers of civilian casualties, and I think our colleagues know that the fact that Hamas violates international law and does despicable tactics by operating from amongst civilians does not absolve Israel or any other country involved in that kind of situation of the duty to avoid civilian harm and avoid the destruction of civilian infrastructure.
Since President Biden's recent call with Prime Minister Netanyahu last month, we have seen continued high rates of civilian deaths, and human rights organizations continue to document cases of weapons being used in violation of international humanitarian law.
Now, Madam President, that October 13 letter not only warned the Netanyahu government about unacceptable restrictions on humanitarian aid in Gaza and not only warned them about illegal use of American weapons; they also raised two other issues. One, they said that Israel is required by international law to allow the International Committee of the Red Cross access to Palestinian prisoners who were detained without any charges.
Yet, despite them sending the letter, no change there. And that means over 3,000 Palestinian prisoners who have been imprisoned without charge under administrative detention are not--the ICRC does not have access to them.
They also warned in their letter about pending legislation before the Knesset that would cripple UNRWA. And here is what Secretaries Austin and Blinken said. They warn that enactment ``of such restrictions would devastate the Gaza humanitarian response at this critical moment and deny vital educational and social services to tens of thousands of Palestinians in the West Bank and East Jerusalem, which could have implications under relevant U.S. law and policy.''
Within days of the U.S. Government sending that letter, two bills were passed by the Knesset to ban UNRWA.
So what we see, Madam President, is a continuing pattern. President Biden makes certain demands that are routinely ignored without consequence. In fact, they are rewarded. And this is an ineffective use of American leverage to accomplish our policy goals and ensure that American law is abided by.
I want to just mention a couple others, and Senator Sanders referenced them. But we know that Prime Minister Netanyahu has repeatedly obstructed President Biden's plan for a ceasefire and the return of hostages.
Both in Washington and Israel, I have met with families of hostages who are experiencing unthinkable pain. I just met with the father of a soldier who is being held right now in Gaza as a hostage. They have stressed that Prime Minister Netanyahu has repeatedly obstructed President Biden's plan to bring home their loved ones.
In fact, in his farewell address just 2 weeks ago, former Israeli Defense Minister Gallant noted that one of the key disagreements leading to his firing by Netanyahu was over ``our moral obligation and responsibility to bring our kidnapped sons and daughters back home as quickly as possible, with as many alive as possible, to their families.''
He went on to say:
Based on my role, experience, and the military achievements
of the past year, with a clear-eyed view of reality, I state
that this is achievable but involves painful compromises that
Israel can bear, and the IDF can deal with.
There is and will not be any atonement for abandoning the
captives.
This is former Defense Minister Gallant, fired by Netanyahu.
I heard Senator Graham speak a lot about the ``day after'' plan. Well, President Biden has proposed a ``day after'' plan. It is to have a reformed Palestinian Authority form the nucleus of governance in Gaza. And, indeed, the Netanyahu government, led by Smotrich, not only opposes President Biden's plan, but they have worked to systematically weaken the P.A. by withholding tax revenues that it collects on behalf of the Palestinian people.
What is more, Prime Minister Netanyahu publicly rebuked President Biden's call to create a path to a two-state solution, even bragging that he had long blocked that outcome--something I heard Senator Graham refer to as something that was needed.
So the Netanyahu government has refused to comply with other requests, as well, trying to change the rules of engagement on the West Bank in order to prevent the killing of innocent civilians, including the deaths of some American citizens. And contrary to longstanding policy in American Government, from Republicans and Democrats alike, about not having expanded settlements in the West Bank, something Secretary Blinken agreed was inconsistent with international law, we have seen a record number of settlements expanded by the Netanyahu government--in fact, one when Secretary Blinken was there in Israel.
So, Madam President, the issue here is not whether or not the United States is supporting Israel. The issue is whether or not, as we provide that support, we have a two-way street. A partnership should be a two- way street, not a one-way blank check. And, at a minimum, the Netanyahu government should comply with American law, as we have talked about today. And when they are not, we have an obligation to the American people and American taxpayers to make sure that we withhold that support until Netanyahu comes into compliance.
That is what we are saying here: Just meet the requirements of American law.
And all of us have an obligation to American taxpayers to make sure that
we are not complicit in violating American law and American values.
So, Madam President, that is why I encourage my colleagues to support these joint resolutions to send that message. This is the one opportunity we have to do so.
I yield the floor.