Bidens Directive on Military Aid: A Shift in Approach to Protect Civilians

President Bidens new directive aims to ensure that U.S. military aid is not used against civilians. This move is seen as a way to gain support from Senate Democrats for a proposed assistance package for Ukraine and Israel.

In a significant move, President Joe Biden has issued a new directive that addresses concerns among Democrats regarding military support for Israel's actions in Gaza. The directive aims to ensure that U.S. military aid is not used against civilians and includes provisions for oversight, deadlines, and consequences for non-compliance.

Conditioning Military Aid on Human Rights Protections

Biden's commitment to conditioning U.S. military aid for Israel and other allies and strategic partners is seen as a strategic move to garner support among center-left Senate Democrats for his proposed $95 billion supplemental assistance package. This package primarily focuses on military aid for Ukraine in its conflict with Russia and for Israel in its conflict with Hamas in Gaza.

Historic Directive Praised by Democrats

Democratic senators have lauded Biden's directive, describing it as a historic step in addressing the impact of U.S. military aid on civilians. Senator Elizabeth Warren of Massachusetts emphasized the significant change in the approach to military aid and its consequences for civilian lives. The directive was the result of negotiations between the White House and several Democrats, led by Senator Chris Van Hollen of Maryland.

Challenges in Enforcement

Human rights advocates acknowledge the challenge in enforcing the new directive, as previous efforts to withhold U.S. weapons and funding from human rights abusers have faced similar obstacles. Kenneth Roth, a former head of Human Rights Watch and a visiting professor at Princeton School of Public and International Affairs, highlights the need for actual enforcement rather than mere knowledge of violations.

Key Provisions of the Directive

The new directive, issued as a presidential memorandum, carries the force of law and takes immediate effect. It requires Secretary of State Antony Blinken to obtain written assurances from foreign recipients of U.S. military aid that they are complying with international humanitarian and human rights laws. Failure to provide these assurances within 45 days will result in a pause in military aid.

The directive also allows for the suspension of military assistance if a foreign government is deemed to be non-compliant with humanitarian law, despite claims of compliance. Regular reports on compliance are required from the administration, including for countries not actively engaged in conflict. However, the supply of air defense systems and certain defensive gear is exempted from these provisions.

Addressing Concerns and Frustrations

While supporters believe the stringent language of the directive will limit the ability of presidential administrations to circumvent its intent, it does allow for waivers in "rare and extraordinary circumstances." The Biden administration's handling of military aid to Israel during the Gaza conflict had frustrated some Senate Democrats, leading to concerns about bypassing congressional notification and lobbying against conditions on aid.

The United States has expressed frustration with Israel's restrictions on humanitarian aid deliveries into Gaza. Despite pressure from the U.S., Israeli Prime Minister Benjamin Netanyahu's government has continued airstrikes resulting in civilian casualties.

Transparency and Existing Laws

The White House press secretary, Karine Jean-Pierre, emphasized that the memorandum does not impose new standards for military aid but aims to improve transparency. Israeli officials were briefed on the memorandum before its release and expressed willingness to provide the required assurances.

However, human rights expert Kenneth Roth points out that existing laws, such as the Foreign Assistance Act and the Leahy Law, already prohibit security assistance to serial human rights abusers. Roth questions the effectiveness of a new set of reports if the administration shows indifference to existing laws.

Continued Efforts for Strengthening Oversight

Democratic senators expressed their commitment to further strengthening the new system outlined in the directive. This includes seeking funding for additional government oversight and codifying the directive into legislation to prevent future presidents from easily disregarding it. Senator Van Hollen emphasized the significance of the directive in providing the U.S. with more tools and leverage to ensure that military assistance aligns with American values and standards.