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New Pressures on U.S. Arms Transfer Policies Amid Gaza War

The Biden administration is set to release a report this week evaluating Israel’s use of U.S. arms and its commitment to protecting civilians. Last February, President Biden revised the standard for halting weapons shipments to foreign militaries found to harm civilians during conflicts. Under the new policy, countries deemed “more likely than not” to violate international law or human rights with American weapons should not receive them. This replaced the previous requirement of demonstrating “actual knowledge” of such violations, making it easier to take action.

 

In August, Secretary of State Antony J. Blinken issued a directive urging State Department officials abroad to investigate instances of civilian harm caused by foreign militaries using American weapons and to propose appropriate responses, including potentially stopping arms deliveries.

 

The conflict between Hamas and Israel in Gaza a few months later sparked global debate over how Israel utilizes U.S. arms, challenging Mr. Biden’s stance. Critics argue that his refusal to curb arms shipments to Israel contradicts his efforts to position the U.S. as a defender of civilians in wartime.

 

Recent events further test Biden’s policies. Israel’s threat of a full-scale invasion of Rafah, a city in southern Gaza, goes against Biden’s strong opposition. Additionally, the administration plans to submit a report to Congress this week assessing whether Israel has adhered to U.S. and international law in its use of American weapons. If violations are found, Biden may restrict arms deliveries.

 

Last year’s initiatives, the White House’s Conventional Arms Transfer Policy and the State Department’s Civilian Harm Incident Response Guidance, aimed to prioritize human rights in U.S. foreign policy, a departure from the Trump administration’s approach, according to Sarah Margon, director of foreign policy at the Open Society Foundations.

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