For the second time this month the Biden administration is bypassing Congress to approve an emergency weapons sale to Israel as Israel continues to prosecute its war against Hamas in Gaza under increasing international criticism.
Quick Read
- Biden Administration’s Emergency Weapons Sales: For the second time in December, the U.S. State Department approved an emergency arms sale to Israel, bypassing Congress, amid the ongoing conflict with Hamas in Gaza.
- Details of the Sale: The latest $147.5 million sale includes equipment necessary for operationalizing 155 mm shells previously purchased by Israel.
- Reason for Emergency Determination: Secretary of State Antony Blinken cited the urgent defensive needs of Israel as the reason for the emergency approval, avoiding the usual congressional review process for foreign military sales.
- Context of the Decision: This move aligns with the U.S. commitment to Israel’s security and follows a similar decision made earlier in December for tank ammunition worth over $106 million.
- Stalled Aid Package in Congress: President Biden’s proposed $106 billion aid package, including support for Ukraine and Israel, is currently delayed in Congress, partly due to debates over U.S. immigration and border security.
- Human Rights Concerns: The State Department addresses human rights issues, emphasizing ongoing communications with Israel to minimize civilian casualties and Israel’s responsibility to distinguish between civilians and Hamas combatants.
- Precedents for Emergency Determinations: While rare, past administrations have used emergency determinations for arms sales, such as during the Gulf War and for Saudi Arabia, UAE, and Jordan in 2019 under the Trump administration.
- Previous Criticism and Legal Concerns: Such emergency determinations have historically faced scrutiny and legal challenges, notably the 2019 arms sale to Saudi Arabia led by then-Secretary of State Mike Pompeo.
The Associated Press has the story:
Biden admin once more bypasses Congress on an emergency weapons sale to Israel
Newslooks- WASHINGTON (AP)
For the second time this month the Biden administration is bypassing Congress to approve an emergency weapons sale to Israel as Israel continues to prosecute its war against Hamas in Gaza under increasing international criticism.
The State Department said Friday that Secretary of State Antony Blinken had told Congress that he had made a second emergency determination covering a $147.5 million sale for equipment, including fuses, chargers and primers, that is needed to make the 155 mm shells that Israel has already purchased function.
“Given the urgency of Israel’s defensive needs, the secretary notified Congress that he had exercised his delegated authority to determine an emergency existed necessitating the immediate approval of the transfer,” the department said.
“The United States is committed to the security of Israel, and it is vital to U.S. national interests to ensure Israel is able to defend itself against the threats it faces,” it said.
The emergency determination means the purchase will bypass the congressional review requirement for foreign military sales. Such determinations are rare, but not unprecedented, when administrations see an urgent need for weapons to be delivered without waiting for lawmakers’ approval.
Blinken made a similar decision on Dec. 9, to approve the sale to Israel of nearly 14,000 rounds of tank ammunition worth more than $106 million.
Both moves have come as President Joe Biden’s request for a nearly $106 billion aid package for Ukraine, Israel and other national security needs remains stalled in Congress, caught up in a debate over U.S. immigration policy and border security. Some Democratic lawmakers have spoken of making the proposed $14.3 billion in American assistance to its Mideast ally contingent on concrete steps by Israeli Prime Minister Benjamin Netanyahu’s government to reduce civilian casualties in Gaza during the war with Hamas.
The State Department sought to counter potential criticism of the sale on human rights grounds by saying it was in constant touch with Israel to emphasize the importance of minimizing civilian casualties, which have soared since Israel began its response to the Hamas attacks in Israel on Oct. 7.
“We continue to strongly emphasize to the government of Israel that they must not only comply with international humanitarian law, but also take every feasible step to prevent harm to civilians,” it said.
“Hamas hides behind civilians and has embedded itself among the civilian population, but that does not lessen Israel’s responsibility and strategic imperative to distinguish between civilians and Hamas terrorists as it conducts its military operations,” the department said. “This type of campaign can only be won by protecting civilians.”
Bypassing Congress with emergency determinations for arms sales is an unusual step that has in the past met resistance from lawmakers, who normally have a period of time to weigh in on proposed weapons transfers and, in some cases, block them.
In May 2019, then-Secretary of State Mike Pompeo made an emergency determination for an $8.1 billion sale of weapons to Saudi Arabia, the United Arab Emirates and Jordan after it became clear that the Trump administration would have trouble overcoming lawmakers’ concerns about the Saudi and UAE-led war in Yemen.
Pompeo came under heavy criticism for the move, which some believed may have violated the law because many of the weapons involved had yet to be built and could not be delivered urgently. But he was cleared of any wrongdoing after an internal investigation.
At least four administrations have used the authority since 1979. President George H.W. Bush’s administration used it during the Gulf War to get arms quickly to Saudi Arabia.
