Biden Administration Bypasses Congress for Second Emergency Weapons Sale to Israel

The Biden administration has authorized a second emergency weapons sale to Israel, worth $147.5 million, despite international criticism of Israels ongoing conflict with Hamas in Gaza. The sale includes equipment necessary for the functioning of previously purchased 155 mm shells.

In a move that bypasses congressional review, the Biden administration has authorized a second emergency weapons sale to Israel worth USD 147.5 million. This decision comes as Israel continues its military operations against Hamas in Gaza, drawing international criticism for the escalating civilian casualties.

Urgent Need for Equipment

The State Department announced that Secretary of State Antony Blinken made the emergency determination, citing the urgent defensive needs of Israel. The sale includes essential equipment such as fuses, chargers, and primers, which are necessary for the functioning of 155 mm shells previously purchased by Israel.

Bypassing Congressional Review

The emergency determination allows the weapons sale to proceed without the customary congressional review process. Such determinations are rare but have been used in cases where the administration deems it necessary to deliver weapons promptly without waiting for lawmakers' approval.

Previous Emergency Sale

This marks the second emergency weapons sale to Israel approved by Secretary Blinken this month. On December 9, he authorized the sale of nearly 14,000 rounds of tank ammunition worth over USD 106 million.

Stalled Aid Package

The Biden administration's request for a substantial aid package, including nearly USD 106 billion for Ukraine, Israel, and other national security needs, remains stalled in Congress. The package has become entangled in a debate over US immigration policy and border security.

Human Rights Concerns

Acknowledging potential criticism of the arms sale on human rights grounds, the State Department emphasized its ongoing communication with Israel to minimize civilian casualties. The department stressed the importance of complying with international humanitarian law and taking every possible measure to protect civilians.

Responsibility to Distinguish

The State Department acknowledged that Hamas's tactics of hiding behind civilians pose challenges, but it underscored Israel's responsibility to distinguish between civilians and Hamas terrorists during military operations.

Past Use of Emergency Determinations

Bypassing Congress through emergency determinations for arms sales is an uncommon practice that has faced resistance from lawmakers in the past. Lawmakers typically have a period to review proposed weapons transfers and, in some cases, block them.

Previous Controversies

In 2019, then-Secretary of State Mike Pompeo made an emergency determination for an USD 8.1 billion weapons sale to Saudi Arabia, the United Arab Emirates, and Jordan. This move drew criticism, with some arguing that it may have violated the law since many of the weapons involved were yet to be built and could not be delivered urgently. However, Pompeo was later cleared of any wrongdoing after an internal investigation.

Historical Precedents

Since 1979, at least four administrations have utilized the emergency determination authority. Notably, President George H.W. Bush's administration used it during the Gulf War to swiftly provide arms to Saudi Arabia.