Report on US Weapons Transfer Compliance with US and International Humanitarian Law Falls Short, Warrants Reevaluation

Today, the Biden Administration released a report to Congress assessing US security partners’ compliance with US and International Law, as directed by the National Security Memorandum on Safeguards and Accountability With Respect to Transferred Defense Articles and Defense Services” (NSM-20). The report deemed it “reasonable to assess” that Israel’s military campaign in Gaza has violated international law, though specific instances that would warrant withholding of military aid have not been identified.

Mercy Corps Vice-President of Global Policy and Advocacy, Kate Phillips-Barrasso, says:

"We are confused and dismayed by the Biden administration’s report to Congress, and in particular, its findings that Israel is not impeding the provision of aid to Gaza. 

“Humanitarian organizations have publicly and repeatedly detailed a litany of obstructions by Israel over the last seven months that have made it impossible to deliver humanitarian assistance to the 2.2 million people in Gaza whose lives depend on it. These include limited crossing points for and slow inspections of humanitarian aid, arbitrary rejection of humanitarian items entering the country, a complete absence of safety guarantees for humanitarian workers, repeated denials of aid convoys to the north of Gaza and delayed visa issuance for humanitarian staff. 

“Yet more compelling than the testimony of aid organizations is the horrifying situation of the population of Gaza, trapped in a conflict zone and facing starvation. If humanitarian aid were being adequately facilitated—as the NSM calls for—1.1 million people would not be facing catastrophic famine conditions a few miles away from available food. The very fact that the US government has airdropped assistance and spent significant effort and resources constructing a floating pier for maritime deliveries indicates officials had already come to the conclusion that aid delivery was being ‘directly or indirectly’ impeded.

“This determination runs contrary to the policy stated in NSM-20 and US legal requirements, and—we fear—may be perceived by many countries around the world as flexibility and double standards in US policy.

“A thorough reevaluation is warranted, along with a pause in the provision of further offensive weapons until compliance is unequivocally demonstrated."