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Leaked internal memos from the State Department and USAID warn that Israel is breaching a White House directive by continuing to block U.S. aid into Gaza, potentially requiring the suspension of military assistance to Israel. President Biden issued National Security Memorandum-20 in February, requiring recipients of U.S. weapons to provide assurances of compliance with international humanitarian law. An internal State Department memo found Israeli pledges to be not credible or reliable, citing several instances of potential violations of international law. A leaked assessment from USAID also concluded that Israel does not currently demonstrate necessary compliance with NSM-20, potentially violating U.S. Foreign Assistance Act Section 620I.

DAWN Executive Director Sarah Leah Whitson stated that the State Department’s confirmation of Israel’s restrictions on U.S. humanitarian assistance leaves no doubt that U.S. law requires the suspension of military aid to Israel. The leaked memos suggest that the Biden administration has breached or ignored laws requiring the suspension of aid to countries like Israel for human rights violations. A task force of international law experts has urged Secretary Blinken to review Israel’s compliance with U.S. law, with the leaked State Department memo likely already qualifying military assistance to be withheld.

While the White House has not commented on the leaked memos, the Biden administration has publicly defended Israel, claiming that the country has not violated international law. Following a military offensive launched by Israel in response to attacks from Hamas, the death toll in Gaza has exceeded 34,000 with many more wounded, displaced, and facing famine due to blocked aid. Israel’s plan to invade the southern Gaza city of Rafah was met with criticism from Biden, who emphasized the need for sustained and enhanced humanitarian aid delivery.

Critics argue that Israel’s actions in Gaza have shown a disregard for civilian life and international law, with calls for the suspension of military aid as a necessary step to prevent complicity in human rights abuses. The leaked memos highlight the potential violations of international humanitarian law by Israel and its blocking of U.S. aid, suggesting that President Biden may have no choice but to suspend military assistance to the country. The findings of the internal assessments and task force reports underscore the need for accountability and compliance with U.S. laws regarding humanitarian assistance and foreign aid.

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