An Arms Embargo on Israel is Not a Radical Idea — It’s the Law
By Yoana Tchoukleva / Mondoweiss September 2, 2024
As Israel launches its largest military assault in the West Bank in twenty years, I cannot stop thinking about the people I met in the occupied territory. I think of the mother in Jenin who was on the phone with her two sons seconds before their house was burned in an Israeli raid. I think of the wife of a man who was being held in an Israeli prison without charge or trial asking me, “Is there anything you can do? My husband is dying.” I think of the farmer who gifted me a melon even though he could barely put food on his own table and I was there only for a short period of time, traveling and volunteering with Faz3a, an international protective presence organization.
While all eyes have been on Gaza, Palestinians in the West Bank are undergoing what many call a “slow genocide”. Every day, Israeli settlers attack Palestinian families to push them off their private land. They destroy water wells, burn houses, and assault families. Palestinians who remain on their land risk arrest. In the last 10 months, 9,000 Palestinians from the West Bank have been arrested and detained without charge or trial, many experiencing torture.
In July, the International Court of Justice (ICJ), the highest global court, ruled that Israel’s occupation of the West Bank, East Jerusalem, and Gaza was illegal. The Court held that the regime of segregation that the Palestinian people live under—complete with separate roads, rationed access to water, and a separate legal system based on military law—amounts to apartheid. The Court ordered Israel to withdraw its settlers from the occupied Palestinian territory, pay reparations, and respect the Palestinian right to self-determination.
A day later, American friends of mine were violently attacked by settlers in the West Bank. They were accompanying Palestinian farmers to their olive groves when settlers from the nearby Esh Kodesh settlement descended and beat them with metal pipes. This month, another unarmed American volunteer with the international protective presence organization Faz3a was shot in the leg by the Israeli army. The U.S. State Department has remained largely silent.
As the Democratic Party vies for votes, many have demanded the U.S. impose an arms embargo on Israel as a way to signal to Prime Minister Netanyahu that he cannot continue to violate international law with impunity. What few people know is that an arms embargo is not only what 60% of Americans and nearly 80% of Democratic voters want — it is, in fact, already required by law.
U.S. federal law is clear—countries that receive U.S. military funding must meet human rights standards or risk losing their funding.
The Foreign Assistance Act holds that no assistance can be provided to a country “which engages in a consistent pattern of gross violations of internationally recognized human rights.” The Leahy Law prohibits the provision of weapons “to any unit […] of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights.”
Gross violations include “torture, cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, […] and another flagrant denial of the right to life or liberty”, all acts Israel is found to have committed by the ICJ, United Nations and even Israel’s own human rights expertsand courts.
Our U.S. laws, therefore, demand that we pause military funding to Israel until it remedies its human rights record by agreeing to a permanent ceasefire in Gaza and complying with the ICJ order to end the occupation of Palestinian territories.
Such a pause—or an “arms embargo”—is not without precedent. In 2021, the U.S. withheld $225 million in funding from Egypt and paused the sale of offensive weapons to Saudi Arabia due to these countries’ human rights violations. So why is the U.S. enforcing its laws selectively?
On February 8, President Biden signed National Security Memorandum 20 which at least gave a nod to our federal laws. The Memorandum required the Secretary of State to obtain “credible and reliable written assurances” from foreign recipients of military aid that they are using U.S. weapons in compliance with international law. Those that fail to provide such assurances, or make claims not backed evidence, should have their aid paused.
In March, the State Department admitted there were “credible reports of alleged human rights abuses by Israeli security forces, including arbitrary or unlawful killings, enforced disappearance, torture, and serious abuses in conflict.” Still, the Department rubber-stamped Israeli government’s “assurances” and the White House continued to approve billions of dollars in weapons transfers despite recognized violations of international law.
According to a recent Israeli Defense Ministry report, the U.S. has sent over 50,000 tons of arms and military equipment to Israel since October 7, an average of 2 arms shipments per day.
All of this would crush me if it weren’t for my Palestinian friends who taught me what unwavering faith and commitment to life look like.
So I ask you, Vice President Harris—if you were elected President, will you “take care” that the laws of the United States “be faithfully executed,” as required by our Constitution? Will you consistently uphold federal laws that ban funding foreign governments that commit human rights violations, regardless of how powerful those governments or their lobbies are? Will you honor your commitment at the Democratic National Convention “to end this war such that Israel is secure, the hostages are released, the suffering in Gaza ends and the Palestinian people can realize their right to safety, dignity, freedom and self-determination?”
Doing so requires that we walk our walk, not just talk our talk. It requires that we change policy, not just express concerns. Pausing military funding to Israel is the bare minimum needed to stop the bombing of innocent people and to remind ourselves that we are, after all, a nation of laws.