Why Did the U.S. Threaten to Halt Arms Supply to ‘Israel’ Despite Supporting Genocide in Gaza?

To persuade the International Criminal Court that the United States and “Israel” are respecting human rights in Gaza, and despite Washington supplying the Israeli Occupation with highly destructive weaponry, both the U.S. Departments of State and Defense warned Benjamin Netanyahu's government of the “possibility” of reducing arms shipments unless it commits to increasing aid to the starving Gaza Strip.

A letter written jointly by Antony Blinken, the U.S. secretary of state, and Lloyd Austin, the defense secretary, exhorts Benjamin Netanyahu’s government to ease humanitarian suffering in the territory by lifting restrictions on the entry of assistance within 30 days or face unspecified policy “implications”.

The four-page missive, dated 13 October, was sent to Yoav Gallant, the Israeli War minister, and Ron Dermer, the strategic affairs minister, and came to light after being posted on social media by Barak Ravid, an Israeli journalist who works for Axios, after apparently being leaked.

The letter threatens to halt military assistance to “Israel” under U.S. law and the relevant national security memorandum concerning arms supplies.

The Warning Story

Amid growing demands from fellow Democrats for President Joe Biden to urge “Israel” to alleviate the humanitarian crisis in Gaza and to consider halting military aid if conditions do not improve, Biden issued a National Security Memorandum.

Known as NSM-20, the memorandum was issued by Biden on February 8, 2024, requiring the State Department to report to Congress on assurances that “Israel” will use American weapons in accordance with U.S. and international laws.

U.S. media had previously reported in May 2024 that the Biden administration missed the deadline for submitting United States Conventional Arms Transfer Policy report to Congress due to Israeli obstruction and deception regarding weapon use, as well as the administration's indifference to genocidal crimes in Gaza since October 7, 2023.

Investigations by outside organizations like Amnesty International have prompted some lawmakers to call on the Biden administration not to tilt the report toward “Israel,” Reuters has learned.

The memorandum's origins date back to February 28, 2023, when the White House announced a new policy regulating arms sales and exports from the United States, claiming to focus on human rights.

The memorandum organized U.S. military sales overseen by the Departments of Defense, State, and Commerce, crafted by the Biden administration, which estimates around $150 billion in arms sales, revealing that the United States is the world's largest arms dealer.

It mandates the enhancement of compliance with international humanitarian law and the law of armed conflict in U.S. arms sales, asserting the promotion of respect for human rights, democratic governance, and the rule of law globally in foreign arms sales.

One reason for issuing the memorandum was the Biden administration's criticism for approving the sale of radar equipment and aircraft to the Egyptian regime, despite Human Rights Watch denouncing its appalling human rights record.

This new policy requires Washington to impose a ban on arms exports if it finds they would be used in genocide or crimes against humanity, or serious violations of the Geneva Conventions, including targeted attacks against civilian objectives, or gender-based violence or serious violence against children.

The memorandum was intended to apply to arms deals involving the U.S. transfer of weapons to “Israel” since Operation al-Aqsa Flood, following escalating criticism of the United States from both local and international sources accusing it of complicity in the genocide in Gaza; however, this did not happen, effectively making the U.S. a partner in these crimes.

Amid U.S. hesitance and criticism from members of Biden's party regarding complicity in the genocide in Gaza, an updated memorandum was issued on February 8, 2024. This memorandum tightens the Israeli Occupation’s commitment to refrain from using weapons for genocide and mandates regular reports to Congress on the matter.

The NSM-20 law refers to a memorandum issued by the National Security Council at the White House. It permits appropriate actions if the State Department or the Pentagon concludes that a recipient country of U.S. military assistance is failing to meet the necessary guarantees for delivering humanitarian aid.

The memorandum states that “such remediation could include actions from refreshing the assurances to suspending any further transfers of defense articles or, as appropriate, defense services.”

Republicans in Congress have urged the White House to repeal NSM-20, describing it as “unnecessary” and an attempt to “placate critics of security assistance to our vital ally Israel.”

Among other related legislations available to Washington for penalizing “Israel,” which are not currently used, are Section 620M of the Foreign Assistance Act and the Leahy Law, both of which prohibit the U.S. government from providing military assistance or selling arms to countries that restrict humanitarian aid or violate human rights.

‘A Gentle Reminder’

Thus, the Biden administration warned “Israel” of the possibility of halting arms transfers unless aid is distributed to Gaza and not obstructed, as part of the conditions outlined in the National Security Memorandum.

This was through a private letter from Blinken and Austin to Netanyahu, giving “Israel” 30 days to act in accordance with National Security Memorandum 20.

The warning followed reports of famine in northern Gaza, stating that if “Israel” did not take immediate action to allow more humanitarian aid into Gaza, it would face potential penalties, including the possibility of halting U.S. arms transfers.

The four-page letter, dated October 13, 2024, was sent to Israeli War Minister Yoav Gallant and Minister of Strategic Affairs Ron Dermer.

The memorandum appears to function more as “a gentle reminder” to Netanyahu than a serious warning about stopping arms supplies. This is particularly evident given his apparent indifference to how his actions embarrass the U.S. in light of the atrocities and genocide being committed. Critics argue that the Biden administration is complicit by continuing to provide him with weapons.

On May 5, 2024, the Biden administration indeed suspended a shipment of ammunition to “Israel” that included powerful deep-penetrating bombs following the escalation of genocide in Gaza. However, they later released it, which resulted in the deaths of thousands of Palestinians, according to Axios.

At that time, House Speaker Mike Johnson stated in an interview with CNBC on May 9, 2024, that he had contacted Netanyahu to confirm that Biden had indeed suspended certain weapons. They agreed on the need to begin isolating Biden for daring to withhold one type of weapon from Israel!

The reason behind the Biden administration's tougher stance on “Israel” this time is its belief that Netanyahu is playing into the hands of Republican candidate Donald Trump by prolonging the war and escalating it into genocide. 

This situation could potentially embarrass Biden's running mate, who is seen as Trump's rival, thereby increasing the likelihood of Trump's victory in the elections over the Democratic Party's nominee.

The timing of the U.S. warning coincides with the upcoming presidential elections and intense competition in Michigan, where many Arab American voters have threatened to oust Democratic candidate Kamala Harris due to the Biden administration’s support for the genocide in Gaza.

“Democrat strategists harbor fears that discontent over Gaza could result in Kamala Harris, the vice-president and party nominee, losing the state to Donald Trump in the 5 November poll,” The Guardian has learned.

False Threat

It was notable when White House National Security Communications Advisor John Kirby stated that “the letter was not meant as a threat,” but rather to reiterate the seriousness of the need for a significant increase in humanitarian aid.

Former director of the Middle East Peace Foundation, Jeffrey Aronson, described the Israeli government's stance by saying that it does not care about the growing U.S. concerns regarding the humanitarian situation in Gaza.

In an interview with U.S. Alhurra on October 21, 2024, he said “Israel” is determined to expand its attacks on the ground, and U.S. diplomacy has not been effective in changing its war policies to protect civilian lives.

According to Aronson, it remains uncertain whether the United Nations will enforce Chapter VII and its provisions for intervention. According to Aronson, the Israeli Occupation’s ongoing aggression has shown indifference to international condemnations, with the situation spiraling out of control.

U.S. Special Envoy for Humanitarian Issues in the Middle East, Lise Grande, confirmed during a meeting with heads of more than 12 relief organizations that the U.S. would not consider withholding weapons from “Israel” for blocking food and medicine from entering the Strip.

She stated that “Israel” is one in a “tight circle of very few allies” that the U.S. will not oppose, nor will it “hold anything back that they want.”

During the meeting, she said, “The U.S. could potentially consider other tactics to convince Israel to allow life-saving aid into Gaza — such as applying pressure through the United Nations.”

However, she stressed that the U.S. administration would continue to support “Israel” and would not delay or stop weapons shipments.

Grande's comments during her meeting with relief organization leaders raised doubts among the organizations about the chances of any action being taken against “Israel” at this time.

Reuters also quoted Aaron David Miller, a researcher at the Carnegie Endowment for International Peace, saying it is unlikely the U.S. will reduce military support for “Israel” if tensions with Iran escalate.

It is difficult to imagine the administration considering any strict restrictions or conditions on military systems, especially with the possibility of a sharp and dangerous escalation given Israel's response and potential Iranian actions, according to the researcher.

Notably, after the U.S. warning regarding potential restrictions on arms supplies, the Israeli army announced the following day that it would allow 50 trucks of aid into Gaza, although the message from Blinken and Austin to “Israel” demanded a minimum of 350 trucks daily.

Reuters reported on October 16, 2024, that “Israel” is allowing much less humanitarian aid into Gaza than it needs.

Food supplies have sharply decreased since the Israeli authorities imposed a new customs rule on certain humanitarian aid. They are also separately working to reduce commercial deliveries and currently preventing access to specific areas, such as Jabalia, to starve and displace its residents according to the Generals' Plan.

Blinken Scandal

In April 2024, Reuters revealed that U.S. officials warned Secretary of State Antony Blinken of “Israel” breaching international law in Gaza and misusing American weapons; Blinken, however, dismissed the claims.

At that time, The Intercept noted that 20 Democratic representatives expressed concern over the State Department's assertion that “Israel” was not violating the law in its use of American weaponry.

These 20 representatives questioned a message sent to the Biden administration, challenging the assertion that “Israel” was not violating U.S. or international law.

25 organizations, including Amnesty International, the Center for Civilians in Conflict, and the International Refugee Organization, sent a letter to Joe Biden and Vice President Kamala Harris, urging an immediate halt to military support for “Israel.”

On October 11, 2024, Current Affairs accused Blinken of lying to Congress and inciting “Israel” to commit war crimes, asserting that it is time to oust him from the U.S. State Department.

“The U.S. Agency for International Development [USAID] delivered a 17-page memo to Secretary Blinken’s desk with their assessment of the humanitarian crisis in Gaza,” according to the magazine’s report.

The memo detailed “instances of Israeli interference with aid efforts, including killing aid workers, razing agricultural structures, bombing ambulances and hospitals, sitting on supply depots and routinely turning away trucks full of food and medicine.” 

“Israel” was conducting “arbitrary denial, restriction, and impediments of U.S. humanitarian assistance” and that its actions would soon lead to famine. ”

This warning was echoed by United Nations experts, who confirmed on May 6, 2024, the existence of “complete famine” in northern Gaza, a situation that has persisted and intensified into October 2024 as part of the Generals' Plan to starve and displace the northern population.

Despite this, Blinken presented a report to Congress on May 10, 2024, regarding the status of U.S. military aid to countries worldwide in response to National Security Memorandum No. 20 from President Biden. In this report, he acknowledged that “Israel” used American weapons “illegally.”

However, Blinken delivered a carefully worded statement to Congress that said, “We do not currently assess that the Israeli government is prohibiting or otherwise restricting the transport or delivery of U.S. humanitarian assistance.”

On September 24, 2024, ProPublica published an investigative report by award-winning journalist Brett Murphy, revealing that Blinken deliberately lied to Congress in May 2024.

This was not an ordinary lie; as shown by a series of emails, memos, and other documents examined by ProPublica, Blinken received briefings from two of the leading U.S. humanitarian organizations in late April 2024, as stated by Murphy.

Instead of addressing the truth, Blinken misled Congress, falsely claiming that “Israel” had not obstructed aid to Palestinians—a blatant violation of public trust.

The magazine accused him of committing the crime of allowing the continued starvation and bombing of innocent Palestinians, asserting that this proved Blinken could not be trusted in any political capacity and calling for his immediate resignation or dismissal.

Blinken and Defense Secretary Lloyd Austin’s message to “Israel,” giving it 30 days to improve the humanitarian situation in Gaza or face consequences under U.S. law on military aid, was a clear acknowledgment that “Israel” was in violation of that law.

In other words, this message represented a clear admission that the administration was aware that laws and provisions such as NSM-20 and (260-I) were being violated by the Israeli Occupation, recognizing that U.S. weapons were indeed being used in genocide and that U.S. law was being breached.

This ultimately implies that “Israel” is unqualified to receive U.S. arms or security assistance from Washington.

This led Israeli writer Ben Samuels to question in Haaretz on October 16, 2024: Why has the U.S. only now sent a final warning to “Israel” regarding humanitarian aid to Gaza, while witnessing ongoing policies of killing and starvation?

He described the latest message from U.S. officials to their Israeli counterparts as undoubtedly “the sharpest rhetorical warning yet that the status quo in Gaza cannot hold.”