According to a report published by AP on Friday, December 29, 2023, the Biden administration has once again sidestepped Congress to greenlight an emergency weapons sale to Israel.
This marks the second time this month that the administration has bypassed the usual legislative process to support Israel’s ongoing conflict with Hamas in Gaza, a conflict that has been met with increasing international criticism.
On Friday, December 29, 2023, the State Department disclosed that Secretary of State Antony Blinken had informed Congress of his second emergency determination, allowing a $147.5 million sale of crucial equipment, including fuses, charges, and primers.
This equipment is deemed necessary for the functionality of the 155 mm shells that Israel had previously purchased.
The State Department justified this unusual move by stating, “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.”
Emphasizing the commitment to Israel’s security, the department asserted that safeguarding Israel’s ability to defend itself is vital to U.S. national interests.
This decision follows a similar move made on December 9, when Secretary Blinken approved the sale of nearly 14,000 rounds of tank ammunition to Israel, totaling over $106 million.
Notably, these actions occur in the context of President Biden’s request for a vital aid package, approximately $106 billion, facing obstacles in Congress.
The aid package aims to support Ukraine, Israel, and other national security needs but has become entangled in a broader debate over U.S. immigration policy and border security.
Some Democratic lawmakers are now linking the proposed $14.3 billion in American assistance to Israel to specific actions by Israeli Prime Minister Benjamin Netanyahu’s government to reduce civilian casualties in Gaza.
The message to Israel remains clear: compliance with international humanitarian law is essential, and every feasible step must be taken to prevent harm to civilians.
The State Department stated, “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 stressed the importance of protecting civilians in the midst of the conflict.
Bypassing Congress with emergency determinations for arms sales is an unconventional step that has historically faced resistance from lawmakers.
Normally, Congress has a period to review and potentially block proposed weapons transfers.
The last notable instance of such bypassing occurred in May 2019 when 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.
This decision drew criticism and scrutiny but was ultimately cleared of any wrongdoing after an internal investigation.
This practice of using emergency determinations for arms sales has been employed by at least four administrations since 1979.
Notably, President George H.W. Bush’s administration invoked this authority during the Gulf War to expedite arms delivery to Saudi Arabia.
The Biden administration’s decision to bypass Congress in providing military support to Israel underlines the complexity and urgency surrounding the situation in the Middle East.
