On 8 May the Biden administration had to tell Congress that different countries that get US weapons and ammunition are utilizing them according to humanitarian and human rights law. The deadline was final in February in a national security memo. 

The memorandum is meant for all countries that get U.S. defense equipment, but this week’s deadline is especially important because it affects Israel. It will need the U.S. to formally evaluate how Israel is handling its six-month war in Gaza. Since the start of the war, the Biden administration has approved over 100 arms sales to Israel. These sales include ammunition for tanks and artillery, large bombs weighing 2,000 and 500 pounds, rockets, and small firearms.

It is very crucial to get knowledge about  memorandum, and what it includes and leaves out. Also it is important to understand the decision that  Secretary of State Antony Blinken, Secretary of Defense Lloyd Austin, and President Biden will be required to make. A four page memorandum was signed by the president. It makes Blinken the main person in charge of carrying out the instructions in the document.

Now the question is what requirement does the Secretary of State get?  This includes “ “credible and reliable written assurances” from Israel. This assurance will confirm that any US supplied weapons will be utilized according to the human rights law. These laws have defined rules about targeting, ensuring civil safety and also avoiding illegal killing. All of those weapons that  clearly differentiate between combatants and civilians can be used.

Additionally, Israel must give the same kind of written assurances that it will “facilitate and not arbitrarily deny, restrict, or otherwise impede” the delivery of U.S. humanitarian aid and global efforts supported by the U.S. to deliver that aid.

If the assurance of Israel is not trustworthy according to Blinken, he must inform the president about it. He also gives suggestions on what to do next that fix the complications. This could mean either returning to Israel to get better assurances or halting any more defense shipments. The first option allows Israel more time to meet expectations, while the second one could take effect right away.

This document also clearly suggests which defense items these rules don’t apply to. 

It excludes air defense systems, like Israel’s Iron Dome, and any items used solely for defense or that aren’t intended to cause harm.

Despite these rules, the memorandum allows the Secretary of State to bypass its requirements under certain conditions. This “escape clause” gives the Secretary the authority to issue a waiver, but only in very specific cases that are justified by national security interests, and with immediate notification to the President.

However, there is one thing the Secretary of State can’t waive: the obligation to report to Congress, with the first report due on May 8.

Since the memorandum’s release, President Biden and his team have criticized Israel’s military campaign in Gaza, stating that its “indiscriminate bombing” is eroding international support and could escalate beyond control.

On March 7, President Joe Biden talked about the impact on Palestinians from the conflict in Gaza. According to his statement: “more than 30,000 Palestinians have been killed. Most of whom are not Hamas.”  “Thousands and thousands are innocent women and children,” Biden continued. “Girls and boys are orphaned. Nearly 2 million more Palestinians are under bombardment or displaced. Homes destroyed, neighborhoods in rubble, cities in ruin. Families without food, water, medicine. It’s heartbreaking.”

By knowing all of this he still continues to support Israel in its fights against Hamas. He has not taken steps to use U.S. military aid to influence Israeli Prime Minister Netanyahu, even as Netanyahu considers invading southern Gaza, which could worsen the situation for more than a million displaced Palestinians facing severe hardship.

According to the president he won’t support an attack on Gaza unless there is a plan to save civilians. But the Israeli Prime Minister insisted on setting the date to discuss the plan and make it successful. 

In late March, Israel provided the State Department with a written guarantee that American-supplied weapons would not be used to break humanitarian laws in Gaza. This assurance was signed by Defense Minister Yoav Gallant. On March 25, State Department spokesman Matthew Miller stated that the Biden administration hasn’t found evidence that Israel is violating international humanitarian law, either in its military actions or in providing humanitarian aid.