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Lawsuit Claims State Department Illegally Arming Israel via Leahy Law ‘Loophole’

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Original article by Brett Wilkins republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

U.S. Secretary of State Antony Blinken. meets with Israeli Prime Minister Benjamin Netanyahu in Tel Aviv on October 12, 2023. (Photo: Eyepress Media Limited/Reuters via Getty Images)

“This lawsuit demands one thing and one thing only: for the State Department to obey the law requiring a ban on assistance to abusive Israeli security forces,” said one advocate.

Palestinians and Palestinian Americans on Tuesday filed a lawsuit accusing the U.S. State Department of creating a “loophole” allowing Israel to skirt federal legislation barring American military aid to foreign militaries that violate human rights law.

The lawsuit, which was filed by five individuals and supported by the group Democracy for the Arab World Now (DAWN), accuses the State Department and Secretary of State Antony Blinken of violating the Leahy Law, legislation passed in two parts in the late 1990s that built on the Foreign Assistance Act of 1961‘s proscription of U.S. military aid to foreign security forces that commit gross human rights violations.

According to DAWN, the suit “documents how the State Department has created unique, insurmountable processes to evade the Leahy Law requirement to sanction abusive Israeli units, despite overwhelming evidence of their human rights violations” including “torture, prolonged detention without charge, forced disappearance, and flagrant denials of the right to life, liberty, and security, such as genocide, indiscriminate and deliberate killings, and deprivation of items essential to survival, including food, water, fuel, and medicine.”

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Case plaintiff Ahmed Moor, a Palestinian American from the southern Gazan city of Rafah who has lost numerous relatives in Israeli attacks, toldZeteo‘s Prem Thakker, “I’m hoping, through this action, through this lawsuit, that we can just call out the federal government to begin to enforce American laws.”

The State Department has sparked international outrage by repeatedly finding that Israel is using U.S.-supplied arms in compliance with domestic human rights law, citing the key ally’s right to defend itself and the October 7, 2023 Hamas-led attack. However, Israel’s 438-day retaliation has left more than 162,000 Palestinians dead, wounded, or missing in Gaza and millions more forcibly displaced, starved, or sickened. Thousands more have been killed or maimed in the West Bank.

South Africa is leading a genocide case against Israel at the International Court of Justice. Last month, the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant, his former defense minister, for alleged war crimes and crimes against humanity.

Both men have been warmly welcomed in Washington, D.C.. Congress and the Biden administration have approved tens of billions of dollars in arms transfers to Israel. U.S.-supplied bombs have been used in some of Israel’s most notorious airstrikes. The U.S. has also vetoed numerous United Nations Security Council resolutions demanding a Gaza cease-fire.

Today, the White House welcomed Yoav Gallant, charged by the ICC with the war crimes of starvation as a method of warfare and intentionally directing an attack against the civilian population, as well as the crimes against humanity of murder, persecution, and other inhumane acts. What a disgrace.

— Adil Haque (@adhaque.bsky.social) 2024-12-10T20:21:30.596Z

“This lawsuit demands one thing and one thing only: for the State Department to obey the law requiring a ban on assistance to abusive Israeli security forces,” DAWN executive director Sarah Leah Whitson said in a statement on Tuesday. “For too long, the State Department has acted as if there’s an ‘Israel exemption’ from the Leahy Law, despite the fact that Congress required it to apply the law to every country in the world. As a result, millions of Palestinians have suffered unimaginable, horrific abuses by Israeli forces using U.S. weapons.”

Stephen Rickard, a former U.S. official who helped pass the landmark legislation, said that “long-standing concerns that the State Department was not cutting off aid to specific Israel units as required by the Leahy Law… have been given dramatic urgency by the tragic ongoing crisis in Gaza.”

“If the State Department will not comply with the law, then it is time for the courts to vindicate the rule of law and order it to do so,” Rickard added.

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The new lawsuit came a day after relatives of Ayşenur Ezgi Eygi—the Turkish American woman who, according to witnesses, was deliberately shot in the head while peacefully protesting the expansion of Israel’s illegal settlements in the occupied West Bank in September—met with Blinken in search of justice and accountability for the activist’s killing.

Referring to another American activist killed by Israeli forces while defending Palestinian homes, Hamid Ali, Eygi’s widower, said that Blinken “was attentive in listening to us, but unfortunately repeated a lot of the same things that we’ve been hearing for the past 20 years, particularly since Rachel Corrie’s killing.”

Ali called Blinken “very deferential to the Israelis,” adding that “it felt like he was saying his hands were tied and they weren’t able to really do much.”

A journalist asked State Department spokesperson Matthew Miller during a Tuesday press conference why the U.S. has not suspended arms transfers to Israel by invoking the Leahy Law and citing the cases of victims like Eygi or Shireen Abu Akleh—the Palestinian American Al Jazeera correspondent who, according to witnesses and several independent probes, was deliberately shot dead by an Israeli sniper in the West Bank in May 2022.

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“We have taken those cases extremely seriously,” Miller claimed. Referring to Eygi, he added that he made it clear to Israel that “her death was unacceptable, that it should have been avoided, it should have never happened in the first place, that we want to see the results of their investigation, and we want to see them change their rules of engagement.”

Original article by Brett Wilkins republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

Continue ReadingLawsuit Claims State Department Illegally Arming Israel via Leahy Law ‘Loophole’

‘The Child Deaths We Feared Are Here,’ Says UNICEF

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Original article by JAKE JOHNSON republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

A Palestinian child receives treatment at a private children’s hospital in Rafah that specializes in providing care to children suffering from malnutrition.
 (Photo: Mohammed Talatene/Picture Alliance via Getty Images)

The United Nations Children’s Fund said at least 10 kids in a northern Gaza hospital have died of malnutrition and dehydration—and many more are “fighting for their lives.”

The United Nations Children’s Fund said Sunday that at least 10 children have reportedly died of starvation and dehydration at a hospital in northern Gaza as Israeli forces continue to obstruct and attack aid convoys, fueling desperation across the territory.

Adele Khodr, UNICEF’s regional director for the Middle East and North Africa, said malnutrition is ravaging the Gaza Strip and warned that child deaths “are likely to rapidly increase” unless Israel ends its military assault and allows humanitarian aid to flow unimpeded.

“The child deaths we feared are here,” said Khodr. “At least ten children have reportedly died because of dehydration and malnutrition in Kamal Adwan Hospital in the northern Gaza Strip in recent days. There are likely more children fighting for their lives somewhere in one of Gaza’s few remaining hospitals, and likely even more children in the north unable to obtain care at all.”

“These tragic and horrific deaths are man-made, predictable, and entirely preventable,” Khodr added.

Nearly half of the more than 30,000 people killed by U.S.-backed Israeli forces in Gaza since October have been children, and humanitarian officials have said disease and famine could soon become bigger killers than Israel’s bombs and bullets. United Nations experts and human rights groups have accused the Israeli government of using starvation as a weapon of war, intentionally depriving Gazans of food and other necessities.

A group of U.N. officials warned last month that an “explosion in preventable child deaths” was looming.

“The sense of helplessness and despair among parents and doctors in realizing that lifesaving aid, just a few kilometers away, is being kept out of reach, must be as unbearable, but worse still are the anguished cries of those babies slowly perishing under the world’s gaze,” Khodr said Sunday. “The lives of thousands more babies and children depend on urgent action being taken now.”

Agnes Callamard, secretary-general of Amnesty International, said that “these deaths are unlawful, the result of acts by Israel authorities which engineered famine.”

“They knew the likely outcome of their actions but persisted. Over weeks and months,” Callamard added. “And all states that cut UNRWA funding, sold weapons, and supported Israel bear responsibility too.”

While virtually all of Gaza’s population is in need of food, conditions are particularly dire in the northern part of the territory. Carl Skau, deputy executive director of the World Food Program, told members of the U.N. Security Council last week that “if nothing changes, a famine is imminent in northern Gaza.”

With aid deliveries plummeting due to Israel’s obstruction, families have been forced to eat grass, leaves, animal feed, and scraps left behind by rats. On Saturday, the U.S. airdropped 38,000 meals into Gaza—a move that critics said would do little to slow the rapid spread of hunger across the Palestinian territory.

Melanie Ward, CEO of Medical Aid for Palestinians, described conditions in Gaza as “the fastest decline in a population’s nutrition status ever recorded.”

“That means children are being starved at the fastest rate the world has ever seen,” Ward said in an appearance on CNN. “We could save them all. But we’re not being able to.”

This story has been updated to include comment from Agnes Callamard of Amnesty International.

Original article by JAKE JOHNSON republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

Continue Reading‘The Child Deaths We Feared Are Here,’ Says UNICEF