American Weapons Used in Gaza Trigger War Crime Accusations Against US

Families flee their shattered neighbourhood, Tal al-Hawa, to seek refuge in the southern Gaza strip. Credit: UNICEF/Eyad El Baba Families flee their shattered neighbourhood, Tal al-Hawa, to seek refuge in the southern Gaza strip. Credit: UNICEF/Eyad El Baba

American Weapons Used in Gaza Trigger War Crime Accusations Against US

By : Thalif Deen

[The following article was published by the Inter Press Service News Agency on 23 October 2023.]

UNITED NATIONS, Oct 23 2023 (IPS) - The widespread use of American weapons by Israel, which has killed thousands of civilians in Gaza, has triggered accusations of war crimes against the United States. 

But US has always escaped these charges in contemporary military conflicts –particularly in the killing fields of Afghanistan and Iraq –and also in the use of American weapons in Yemen where thousands have been killed.

The United Nations once described the deaths and destruction in the eight-year-old civil war in Yemen as “the world’s worst humanitarian disaster”.

The killings of mostly civilians have been estimated at over 100,000, with accusations of war crimes against a coalition led by Saudi Arabia and the United Arab Emirates (UAE), whose primary arms supplier is the US. 

And now, the killings of Palestinians in Gaza have come back to haunt the Americans in a new war zone. But still, the US is unlikely to be hauled before the International Criminal Court (ICC).

“If U.S. officials don’t care about Palestinian civilians facing atrocities using U.S. weapons, perhaps they will care a bit more about their own individual criminal liability for aiding Israel in carrying out these atrocities,” said Sarah Leah Whitson, executive director of Democracy for the Arab World Now (DAWN), an American non-profit organization that advocates democracy and human rights in the Middle East.

“The American people never signed up to help Israel commit war crimes against defenseless civilians with taxpayer funded bombs and artillery,” she noted.

According to DAWN, U.S. law requires that United States monitor and ensure that weapons and munitions it provides to Israel are not used to commit war crimes in Gaza.

The advocacy group reminded both Secretary of State Antony Blinken and Secretary of Defense Lloyd J. Austin III in a letter sent last week. 

“Failure to comply with end-use monitoring requirements not only breaches U.S. laws but also could expose U.S. officials to prosecution by the International Criminal Court (ICC) for aiding and abetting war crimes,” warned DAWN.

In a separate letter to ICC Prosecutor Karim Khan, DAWN asked the Prosecutor urgently to issue a public statement reminding the parties to the conflict of the ongoing investigation there and send an investigative team to the Gaza region of Palestine to document and investigate potential crimes under the Rome Statute.

Mouin Rabbani, Co-Editor, Jadaliyya, an independent ezine produced by the Arab Studies Institute, told IPS the United States is in violation of international law, as well as its own domestic legislation, by providing weapons to Israel in the full knowledge that these are being used for the express purpose of committing war crimes and crimes against humanity. 

www.jadaliyya.com

“I would go further and state that it is providing them to Israel for precisely this reason. This is because the US is determined to see Israel achieve its objectives in the Gaza Strip; Washington recognizes that Israel does not have the military capacity and political will to physically occupy the Gaza Strip for a prolonged period and eradicate Hamas and other groups, and has instead — with unqualified US support — adopted as its primary objective the systematic destruction of the Gaza Strip and mass killings of Palestinian civilians”, he pointed out.

As for international law and domestic US legislation, these are as irrelevant as Palestinian lives in this context. That’s how the US-designed rules-based international order works and was designed to work, he said. 

“US legislation, the laws of war, and international law more generally, are rigorously applied to rivals and adversaries, while the US and its partners are free to violate them with total impunity, Rabbani argued. 

It would be fair to say that ICC Prosecutor Karim Khan is the personification of this system — fearlessly prosecuting official enemies and adversaries with rabid zeal, but more docile than a dead canary when similar or greater crimes are committed by states his government and its Western partners support without qualification, said Rabbani. 

If there’s one thing US officials complicit in Israel’s war crimes don’t have to worry about, it is prosecution by the ICC, he declared. 

Asked about US weapons in killings in Gaza, Matthew Miller, Spokesperson for the State Department told reporters last week that American weapons cannot be deliberately used against civilians. 

“Of course – and one of the tragedies of war –is that there are always civilian deaths. It is one of the great tragedies of war, and what we try to do is work to minimize civilian deaths to the greatest extent possible,” he said.

Asked if there is “any concern among the administration that by supplying this military assistance, the US might be involved in any possible war crimes against civilians”, Miller said: “No, I would say that we have made very clear that we expect Israel to conduct its operations in compliance with international law.” 

“That is the standard we hold – uphold – that’s the standard we hold ourselves to; it’s the standard we hold our partners to; it’s the standard every democracy ought to be held to. And we will continue to work with them and continue to deliver messages to them that they should conduct their military operations in – and to the maximum extent possible to protect civilians from harm,” he declared.

According to the Washington-based Stimson Center, Israel is the largest cumulative recipient of U.S. military assistance since the Second World War, amounting to more than $158 billion over the past seven decades– not adjusted for inflation. 

In recent years, U.S. assistance to Israel has been outlined in a 10-year memoranda of understandings, the most recent of which was signed in 2016 and pledges $38 billion in military assistance between FY2019-FY2028. 

Dr Ramzy Baroud, Palestinian journalist and author, told IPS asking the US to clarify the End Use Monitoring (EUM) measures, or Israel’s compliance with the use of American weapons in its war against Gaza, may give the impression that Washington lacks awareness of how US weapons, and US tax payers money are being used.

https://ramzybaroud.net/

“Never before in the history of the US’s relationship with the Middle East has Washington been so directly involved in an Israeli war. The closest was the 1973 war, and even then, the US involvement arrived a week later, and was hardly as direct,” he said. 

Every statement made by top US officials, starting with Biden, to Blinken to Sullivan, to all others, indicate that the US is a party in the war, not an outsider, a benefactor, and certainly not a mediator. They even sat in on meetings to discuss Israeli war plans on Gaza. They cannot claim ignorance, Dr, Baroud pointed out. 

“In the past, Israel has violated the US’s rules on the use of US arms against civilians, and repeatedly so. Much has been written about this subject, particularly in terms of Israeli violation of the Lehy Laws.”

But what is happening right now is a whole different reality. By sending massive arm shipments, aircraft carriers, and even soldiers to Israel, the US has become a party in the world, therefore it is responsible for the unprecedented war crimes in Gaza, he argued.

“The fingerprints of US weapons are on the body of every Palestinian killed in Gaza, from the Al-Ahli Baptist Hospital, to UN schools, to every house and every street.

We don’t demand clarification regarding the use of these weapons. We know precisely how they are being used. We demand accountability from war criminals, whether in Tel Aviv or Washington,” he noted. 

Meanwhile, a report on Cable News Network (CNN) October 22 said the death toll in Gaza since October 7 has risen to 4,651, with more than 14,245 wounded, according to the Palestinian Ministry of Health in Gaza. 

IPS UN Bureau Report

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Past is Present: Settler Colonialism Matters!

On 5-6 March 2011, the Palestine Society at the School of Oriental and African Studies (SOAS) in London will hold its seventh annual conference, "Past is Present: Settler Colonialism in Palestine." This year`s conference aims to understand Zionism as a settler colonial project which has, for more than a century, subjected Palestine and Palestinians to a structural and violent form of destruction, dispossession, land appropriation and erasure in the pursuit of a new Jewish Israeli society. By organizing this conference, we hope to reclaim and revive the settler colonial paradigm and to outline its potential to inform and guide political strategy and mobilization.

The Israeli-Palestinian conflict is often described as unique and exceptional with little resemblance to other historical or ongoing colonial conflicts. Yet, for Zionism, like other settler colonial projects such as the British colonization of Ireland or European settlement of North America, South Africa or Australia, the imperative is to control the land and its resources -- and to displace the original inhabitants. Indeed, as conference keynote speaker Patrick Wolfe, one of the foremost scholars on settler colonialism and professor at La Trobe University in Victoria, Australia, argues, "the logic of this project, a sustained institutional tendency to eliminate the Indigenous population, informs a range of historical practices that might otherwise appear distinct--invasion is a structure not an event."[i]

Therefore, the classification of the Zionist movement as a settler colonial project, and the Israeli state as its manifestation, is not merely intended as a statement on the historical origins of Israel, nor as a rhetorical or polemical device. Rather, the aim is to highlight Zionism`s structural continuities and the ideology which informs Israeli policies and practices in Palestine and toward Palestinians everywhere. Thus, the Nakba -- whether viewed as a spontaneous, violent episode in war, or the implementation of a preconceived master plan -- should be understood as both the precondition for the creation of Israel and the logical outcome of Zionist settlement in Palestine.

Moreover, it is this same logic that sustains the continuation of the Nakba today. As remarked by Benny Morris, “had he [David Ben Gurion] carried out full expulsion--rather than partial--he would have stabilised the State of Israel for generations.”[ii] Yet, plagued by an “instability”--defined by the very existence of the Palestinian nation--Israel continues its daily state practices in its quest to fulfill Zionism’s logic to maximize the amount of land under its control with the minimum number of Palestinians on it. These practices take a painful array of manifestations: aerial and maritime bombardment, massacre and invasion, house demolitions, land theft, identity card confiscation, racist laws and loyalty tests, the wall, the siege on Gaza, cultural appropriation, and the dependence on willing (or unwilling) native collaboration and security arrangements, all with the continued support and backing of imperial power. 

Despite these enduring practices however, the settler colonial paradigm has largely fallen into disuse. As a paradigm, it once served as a primary ideological and political framework for all Palestinian political factions and trends, and informed the intellectual work of committed academics and revolutionary scholars, both Palestinians and Jews.

The conference thus asks where and why the settler colonial paradigm was lost, both in scholarship on Palestine and in politics; how do current analyses and theoretical trends that have arisen in its place address present and historical realities? While acknowledging the creativity of these new interpretations, we must nonetheless ask: when exactly did Palestinian natives find themselves in a "post-colonial" condition? When did the ongoing struggle over land become a "post-conflict" situation? When did Israel become a "post-Zionist" society? And when did the fortification of Palestinian ghettos and reservations become "state-building"?

In outlining settler colonialism as a central paradigm from which to understand Palestine, this conference re-invigorates it as a tool by which to analyze the present situation. In doing so, it contests solutions which accommodate Zionism, and more significantly, builds settler colonialism as a political analysis that can embolden and inform a strategy of active, mutual, and principled Palestinian alignment with the Arab struggle for self-determination, and indigenous struggles in the US, Latin America, Oceania, and elsewhere.

Such an alignment would expand the tools available to Palestinians and their solidarity movement, and reconnect the struggle to its own history of anti-colonial internationalism. At its core, this internationalism asserts that the Palestinian struggle against Zionist settler colonialism can only be won when it is embedded within, and empowered by, the broader Arab movement for emancipation and the indigenous, anti-racist and anti-colonial movement--from Arizona to Auckland.

SOAS Palestine Society invites everyone to join us at what promises to be a significant intervention in Palestine activism and scholarship.

For over 30 years, SOAS Palestine Society has heightened awareness and understanding of the Palestinian people, their rights, culture, and struggle for self-determination, amongst students, faculty, staff, and the broader public. SOAS Palestine society aims to continuously push the frontiers of discourse in an effort to make provocative arguments and to stimulate debate and organizing for justice in Palestine through relevant conferences, and events ranging from the intellectual and political impact of Edward Said`s life and work (2004), international law and the Palestine question (2005), the economy of Palestine and its occupation (2006), the one state (2007), 60 Years of Nakba, 60 Years of Resistance (2009), and most recently, the Left in Palestine (2010).

For more information on the SOAS Palestine Society 7th annual conference, Past is Present: Settler Colonialism in Palestine: www.soaspalsoc.org

SOAS Palestine Society Organizing Collective is a group of committed students that has undertaken to organize annual academic conferences on Palestine since 2003.

 


[i] Patrick Wolfe, Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event, Cassell, London, p. 163

[ii] Interview with Benny Morris, Survival of the Fittest, Haaretz, 9. January 2004, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=5412