Israel fails to meet demands in U.S. ultimatum sent 30 days ago
(Washington D.C., November 12, 2024) — The United States government should immediately cease all forms of support for Israel's military operations in Gaza, as Israel has failed to comply with the ultimatum set by Secretaries Blinken and Austin on October 13, 2024, DAWN said today in a letter to both secretaries.
Continued U.S. assistance violates U.S. and international law and could expose U.S. officials, including President Biden, Secretary Blinken, and Secretary Austin, to potential prosecution under the Rome Statute of the International Criminal Court (ICC) for aiding and abetting war crimes and crimes against humanity.
"With the October 13 letter leaving no ambiguity about the Biden administration's awareness of Israel's ongoing violations, continued support constitutes knowingly aiding and abetting these crimes," said Sarah Leah Whitson, DAWN's executive director. "The Biden administration must uphold U.S. and international laws that prohibit assistance to nations committing war crimes and crimes against humanity."
In a "scorecard" released on November 12, 2024 titled, The Gaza Scorecard: Israel Fails to Comply with U.S. Humanitarian Access Demands in Gaza, a consortium of international humanitarian organizations including Oxfam International, CARE, Norwegian Refugee Council, Save the Children and others concluded that Israel has failed to meet any of the 16 specific demands outlined in the October 13 letter by the U.S. secretaries. The report found that despite U.S. insistence on enabling a minimum of 350 aid trucks per day, instituting humanitarian pauses, and facilitating access to northern Gaza, Israel has not only failed to comply with these demands but actively worsened conditions. This is evident particularly in northern Gaza, where the population now faces famine-like conditions. The Gaza Scorecard also underscores that Israel's actions have directly impeded the flow of lifesaving food, water, and medical supplies, leaving aid organizations unable to operate effectively. Moreover, it details Israel's failure to comply with other demands, including its refusal to rescind unlawful evacuation orders when there is no operational need, failure to end the isolation of northern Gaza, and its refusal to reaffirm that there will be no Israeli government policy of forced evacuation of civilians from northern to southern Gaza. Furthermore, Israel has not allowed displaced Palestinians to return to their homes inland and in northern Gaza, exacerbating overcrowding in southern Gaza and effectively depopulating northern Gaza.
Today's scorecard is not the only indicator of Israel's failure to comply with the ultimatum from U.S. secretaries. Numerous other sources find that Israel has escalated its belligerent efforts, killing over 1,250 civilians and forcibly evacuating tens of thousands of Palestinian civilians from the targeted neighborhoods, resulting in the nearly complete depopulation of the northern neighborhoods of Gaza.
In addition, for a significant portion of the 30-day reporting period, Israel completely blocked humanitarian aid, including lifesaving food, tents for sheltering displaced Palestinians, fuel, medical supplies, insulin and other forms of medication from entering Gaza. Despite an increase in aid entering in recent days, Israel has defied the requirement set forth in the letter demanding that Israel allow a daily minimum of 350 trucks of humanitarian aid into Gaza, leading to intensifying shortages of food, water, and medicine in the besieged north. An Israeli brigadier-general told reporters last week that the IDF has "no intention of allowing the residents of the northern Gaza Strip to return to their homes." Adding insult to injury, during the 30-day reporting period, Israel passed legislation banning UNRWA, a UN agency significantly funded by the U.S., which will have the effect of blocking nearly all essential humanitarian operations in Gaza, further aggravating the humanitarian crisis.
The stakes could not be higher. A report published on November 8, 2024 by the independent Famine Review Committee (FRC) found that "immediate action, within days not weeks, is required from all actors who are directly taking part in the conflict, or have influence on its conduct, to avert and alleviate this catastrophic situation." Key findings from this rare alert by FRC also include that "there is a strong likelihood that famine is imminent in areas within the northern Gaza Strip." An updated report also published on November 8, 2024 by the UN's Human Rights Office presents grave concerns with the number of verified civilian deaths since the beginning of the war, concluding that over 70% of these victims are likely women and children, adding that an overwhelming number of these victims were killed while in residential buildings.
"While Israel manipulates the U.S. by allowing some aid trucks into other parts of Gaza in the days leading up to the deadline, the performative act did not bring any humanitarian aid to the besieged northern neighborhoods of Gaza," said Raed Jarrar, DAWN's advocacy director. "Even more concerning, no forcibly displaced Palestinian from the northern neighborhoods of Gaza has been allowed to return home."
Under Section 620i of the FAA (22 U.S.C. § 2378-1), U.S. support to any government obstructing U.S. humanitarian aid is prohibited. Israel's consistent restriction of humanitarian access to Gaza directly contravenes this law. Other U.S. laws, regulations, and policies, including the Arms Export Control Act (AECA), the War Crimes Act of 1996 (18 U.S.C.§ 2441), and the U.S. Conventional Arms Transfer Policy, mandate that U.S.-provided arms be used solely for legitimate self-defense.
Evidence indicates that Israel is instead using U.S. arms in operations that exacerbate forced displacements and target civilian infrastructure—a direct violation of the AECA's terms. Furthermore, National Security Memorandum 20 (NSM-20) obligates the U.S. to ensure that its foreign assistance aligns with humanitarian principles. Israel's actions in Gaza are incompatible with these principles, making continued U.S. support a breach of NSM-20, the FAA, and other U.S. laws and regulations.
"The U.S. had a clear legal obligation to impose an arms embargo on Israel many months ago when it became evident that it was using U.S. military assistance to commit war crimes and crimes against humanity," said Michael Schaeffer Omer-Man, DAWN's director of research for Israel-Palestine. "Following the U.S. presidential election, the Biden Administration has no more excuses to continue arming Israel in violation of U.S. and international law."
The ICC has already accepted jurisdiction over crimes committed in Palestine, which is a State Party to the Rome Statute. While the U.S. is not a current signatory to the Rome Statute, the ICC's jurisdiction extends to crimes committed on the territory of state parties, including Palestine. Under Article 25 of the Rome Statute, the ICC can hold accountable individuals who aid, abet, or otherwise assist in the commission of crimes, such as war crimes or crimes against humanity.
Continued U.S. support to Israel, particularly in light of top officials' knowledge of its well-documented violations, may very well meet the threshold for criminal aiding and abetting.
In addition, in May 2024, the International Court of Justice (ICJ) issued an order requiring Israel to halt actions that could lead to genocide, specifically mandating an end to forced displacements, protection for civilians, and guaranteed humanitarian access. As a signatory to the Genocide Convention, the U.S. is obligated to prevent acts of genocide and to avoid complicity in them. The ICJ order underscores Israel's actions as plausibly genocidal, and the U.S. should halt its military support for Israel to comply with its Convention obligations and uphold international legal norms. The 1988 Genocide Convention Implementation Act incorporates the Genocide Convention into U.S. law and criminalizes genocide offenses. In addition to prohibiting the commission of genocide, the Genocide Convention prohibits complicity in genocide and requires states "to prevent" genocide. The ICJ has held that a "State's obligation to prevent, and the corresponding duty to act, arise at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed" (emphasis added). Once a state knows or should know of a serious risk that genocide will be committed, its duty to prevent it requires that, if a state "has available to it means likely to have a deterrent effect on" the suspected potential offender, "it is under a duty to make such use of these means as the circumstances permit."
"If President Biden, Secretary Blinken, and Secretary Austin continue to support Israel after this letter with full knowledge of its well-documented violations, they could be putting themselves at risk of ICC prosecution for enabling Israeli crimes," said Whitson.
In a video released on November 12, 2024, nine former U.S. government employees—Josh Paul, Alex Smith, Hala Rharrit, Stacy Gilbert, Annelle Sheline, Tariq Habash, Maryam Hassanien, Harrison Mann, and Lily Greenberg—highlighted the administration's failure to act decisively despite acknowledging the worsening humanitarian crisis in Gaza and Israel's ongoing restrictions of U.S. humanitarian aid. The former officials criticized President Biden for prioritizing Israel's interests over U.S. laws and values. "We are calling on President Biden to uphold his own commitments to American law and principles, halt weapons transfers to Israel, and work to stop the spread of the conflict while protecting American interests," they emphasized. The video ends with a plea to "act before it's too late—for Palestinians, Americans, and the rule of law."
