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.
-
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.
-
PROHIBITION ON ASSISTANCE
TO THE PALESTINIAN BROADCASTING CORPORATION
-
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.
-
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—
-
(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
-
(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.
SEC.
7034(k)(6).
9. The bill grants $3.3 billion in “Foreign
Military Financing” to Israel, to be disbursed
within 30 days.
-
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.
-
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.