[Salon] The U.S. Government's Finance Bill does not only defund UNRWA



FM: John Whitbeck

It has been widely reported that the mega-finance bill just adopted by the U.S. government prohibits any U.S. funding of UNWRA for at least a year, a prohibition which some might deem inconsistent with purported American professions of interest in "surging" humanitarian aid to Gazans facing starvation in the context of an active genocide.

However, one of my distinguished recipients has spent hours scrolling through the 1012 pages of the bill in search of additional pro-Israel and anti-Palestinian provisions and has circulated the message transmitted below, summarizing his discoveries at the start and then providing chapter and verse and specific citations to 10 sections of the bill.

So far as I am aware, no professional "journalist" has sought to enlighten Americans to all these extraordinary "goodies" for Israel. If one wonders why, my distinguished recipient Bill Astore offers a plausible explanation in a recent post (https://bracingviews.substack.com/p/if-youre-a-us-reporter-anything-but).

The $3.8 BILLION of cash payments to Israel presumably implement the annual tribute payments (https://www.counterpunch.org/2021/05/12/its-not-american-aid-to-israel-its-tribute) to Israel which Barack Obama guaranteed for ten years just before leaving office.

The other "goodies" for Israel make clear, if anyone is still in doubt, the degree to which the United States of America has become a wholly-owned subsidiary of the State of Israel.

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The government funding bill passed by the House and provisionally by the Senate (subject to right wing posturing amendments by Ted Cruz and others to be debated Sunday) defunds UNRWA, the primary agency providing food and other humanitarian aid to the Gazan population, through March 2025 — despite the continuing lack of evidence to substantiate Israel’s claims against the agency — and despite the famine conditions already present in Gaza.

But the bill (https://docs.house.gov/billsthisweek/20240318/WDI39597.PDF) goes much further than that. It provides $3.3 billion in “Foreign Military Financing” to Israel, to be disbursed within 30 days, another half a billion dollars in defense funding to Israel for missile defense systems, and extends existing “Emergency Wartime” loan guarantees to Israel through September 2029. 

Beyond showering US taxpayer dollars on Israel, the bill goes on to protect Israel from accountability to international law and to constrain Palestinian efforts to defend themselves. The bill prohibits any funding of the UN’s Independent International Commission of Inquiry’s investigation into Israel’s international law violations and human rights abuses in the Occupied Territories. It prohibits any funding of the UN Human Rights Council unless it drops any inquiry into human rights violations by Israel. It requires any organization receiving US funding to show that it is actively taking steps “to combat anti-Israel bias”. It prohibits any funding to support Palestinian statehood unless it is shown that a list of specified conditions are met including satisfactory “cooperation with Israeli security organizations.” It prohibits any support to the Palestinian Broadcasting Corporation. It prohibits any funding to the Palestinian Authority if Palestine is granted statehood by the UN or any UN agency without Israel’s agreement. It prohibits any funding to the Palestinian Authority if any investigation is initiated, or even supported, in the International Criminal Court of Israeli nationals for “alleged crimes against Palestinians”. It prohibits any security support to the West Bank or Gaza unless it is shown that satisfactory steps are being taken by the Palestinian Authority to “end torture and other cruel, inhuman, and degrading treatment of detainees”. (Yes, you read that right — the PA, not Israel, is required to end torture and other cruel, inhuman, and degrading treatment of detainees.) 

Why is the US goverment so subservient to Israel?

1. The bill forbids any US funding of the UN International Commission of Inquiry investigation into Israel’s unlawful occupation of Palestinian territory

Sec. 7848(C)(2) None of the funds appropriated by this Act may be made available for the United Nations International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel.

What is the Independent International Commission of Inquiry? 


The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel

On 27 May 2021, the Human Rights Council held a special session on “the Grave Human Rights Situation in the Occupied Palestinian Territory, including East Jerusalem” and adopted the resolution “Ensuring respect for international human rights law and international humanitarian law in the Occupied Palestinian Territory, including East Jerusalem, and in Israel”.

Through its resolution, the Human Rights Council decided to “urgently establish an ongoing, independent, international commission of inquiry to investigate, in the Occupied Palestinian Territory, including East Jerusalem, and in Israel, all alleged violations of international humanitarian law and abuses of international human rights law leading up and since 13 April 2021”. The resolution further requested the commission of inquiry to “investigate all underlying root causes of recurrent tensions, instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or religious identity”. The commission of inquiry is mandated to report to the Human Rights Council and to the General Assembly on an annual basis.

This investigation into factual evidence of international human rights violations and abuses and violations of international humanitarian law is defunded by the US government.

The Human Rights Council decided that the independent international commission of inquiry shall:

  • Investigate in the Occupied Palestinian Territory, including East Jerusalem, and in Israel all alleged violations of international humanitarian law and all alleged violations and abuses of international human rights law leading up to and since 13 April 2021;
  • Investigate all underlying root causes of recurrent tensions, instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or religious identity;
  • Establish the facts and circumstances that may amount to such violations and abuses and of crimes perpetrated;
  • Collect, consolidate and analyse evidence of such violations and abuses and of crimes perpetrated, and systematically record and preserve all information, documentation and evidence, including interviews, witness testimony and forensic material, in accordance with international law standards, in order to maximize the possibility of its admissibility in legal proceedings;
  • Document and verify relevant information and evidence, including through field engagement and by cooperating with judicial and other entities, as appropriate;
  • Identify, where possible, those responsible, with a view to ensuring that perpetrators of violations are held accountable;
  • Identify patterns of violations over time by analysing the similarities in the findings and recommendations with and of previous of United Nations fact-finding missions and commissions of inquiry on the situation;
  • Make recommendations, in particular on accountability measures, all with a view to avoiding and ending impunity and ensuring legal accountability, including individual criminal and command responsibility, for such violations, and justice for victims; and
  • Make recommendations on measures to be taken by third States to ensure respect for international humanitarian law in the Occupied Palestinian Territory, including East Jerusalem, in accordance with article 1 common to the Geneva Conventions, and in fulfilment of their obligations under articles 146, 147 and 148 of the Fourth Geneva Convention, including by ensuring that they do not aid or assist in the commission of internationally wrongful acts.
2. The bill defunds the UN Human Rights Council unless the organization drops all inquiry into human rights violations by Israel.
  1. Sec. 7048(b)(2)(c) UNITED NATIONS HUMAN RIGHTS COUNCIL(1) None of the funds appropriated by this Act may be made available in support of the United Nations Human Rights Council unless the Secretary of State determines and reports to the appropriate congressional committees that participation in the Council is important to the national interest of the United States and that such Council is taking significant steps to remove Israel as a permanent agenda item and ensure integrity in the election of members to such Council: Provided, That such report shall include a description of the national interest served and provide a detailed reform agenda, including a timeline to remove Israel as a permanent agenda item and ensure integrity in the election of members to such Council: Provided further, That the Secretary of State shall withhold, from funds appropriated by this Act under the heading ‘‘Contributions to International Organizations’’ for a contribution to the United Nations Regular Budget, the United States proportionate share of the total annual amount of the United Nations Regular Budget funding for the United Nations Human Right Council until such determination and report is made:

3. The bill requires any international organization, department, or agency receiving US funding to show that it is taking “credible steps to combat antii-Israel bias”: 

SEC. 7048. (a) TRANSPARENCY AND ACCOUNTABILITY.

Not later than 120 days after the date of enactment of this Act, the Secretary of State shall report to the Committees on Appropriations whether each organization, department, or agency receiving a contribution from funds appropriated by this Act under the headings ‘‘Contributions to International Organizations’’ and ‘‘International Organizations and Programs’’:

(4) is taking credible steps to combat anti- Israel bias;

4. The bill prohibits funding of any support to Palestinian Statehood except under US State Department confirmation that its goverment meets specified conditions including that is is "cooperating with appropriate Israeli and other appropriate security organizations;”

SEC. 7037. (a) LIMITATION ON ASSISTANCE. (1)(B).

5. The bill prohibits any support to the Palestinian Broadcasting Corporation.
  1. PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

  2. SEC. 7038. None of the funds appropriated or otherwise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation.

6. The bill prohibits any funding to security assistance to the West Bank or Gaza unless the State Department reports on “the steps being taken by the Palestinian Authority to “end torture and other cruel, inhuman, and degrading treatment of detainees”. 

7039(C)(2) SECURITY ASSISTANCE AND REPORTING REQUIREMENT.

Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on— 

(B) the steps being taken by the Palestinian Authority to end torture and other cruel, inhuman, and degrading treatment of detainees, including by bringing to justice members of Palestinian security forces who commit such crimes.

7. The bill prohibits any funding of the Palestinian Authority if Palestine achieves recognition of statehood by the UN or any UN agency without Israel’s agreement or if the Palestinians initiate an investigation of Israel in the International Criminal Court. 

  1. Sec.7401(k)(2)(A)(i) None of the funds appropriated under the heading ‘‘Economic Support Fund’’ in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act—

  1. (I) the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; or

  1. (II) the Palestinians initiate an International Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians.

8. The bill extends existing loan guarantees to Israel under the Emergency Wartime Supplemental Appropriations Act through September 30, 2029.

S
EC. 7034(k)(6).

9. The bill grants $3.3 billion in “Foreign Military Financing” to Israel, to be disbursed within 30 days.
  1. 7401(d) ISRAEL.—Of the funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’, not less than $3,300,000,000 shall be available for grants only for Israel which shall be disbursed within 30 days of enactment of this Act: Provided, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel under this heading shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which not less than $725,300,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development.

10. The bill authorizes half a billion dollars in military aid to Israel for “Iron Dome” and other missile defense systems.
  1. SEC. 8072. Of the amounts appropriated in this Act under the headings ‘‘Procurement, Defense-Wide’’ and‘‘Research, Development, Test and Evaluation, Defense-Wide, $500,000,000 shall be for the Israeli Cooperative Programs.

There is simply no pretense that the United States government is not a principal partner in the depraved genocide being perpetrated in Gaza. It is written into law and headed for Biden’s signature.


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