Israel May Be in Violation of Arms Export Control Act

In light of press reports that Israeli forces fired on a United Nations school where civilians were taking shelter, I sent notice today to Secretary of State, Dr. Condoleezza Rice, that Israel's actions in Gaza since December 27th, 2008 may constitute a violation of the requirements of the Arms Export Control Act of 1976 (AECA).

When the president is aware of the possibility of such violations, the AECA requires a report to Congress on the potential violation(s). The AECA outlines the conditions under which countries may use military articles or services obtained from the U.S. government, which include "internal security" or "legitimate self defense." But the AECA prohibits actions that "increase the possibility of an outbreak or escalation of conflict."

The Israeli assault on Gaza creates such a possibility because it is a vastly disproportionate response to the provocation, and the Palestinian population is suffering from those military attacks in numbers far exceeding Israeli losses in life and property.

The full text of my letter follows:

January 5, 2009

The Honorable Condoleezza Rice
Secretary of State
U.S. Department of State

Dear Dr. Rice:

I am writing concerning Israel's military offensive against Gaza, which began on December 27th. I support Israel's security and its right to exist in peace, without the fear of rocket attacks from Hamas. Moreover, I abhor the violence being visited upon the citizens of our firm ally. However, no nation is immune from the legal conditions placed on the receipt of U.S. military assistance. I believe that with the current escalation of violence in Gaza, a legal threshold has been reached, warranting a Presidential examination and report to Congress. I hereby request an examination of Israel's compliance with the provisions of the Arms Export Control Act of 1976 (AECA).

While neither the AECA nor the Foreign Assistance Act of 1961 (FAA) define "internal security" and "legitimate self-defense," I believe that Israel's most recent

attacks neither further internal security nor do they constitute "legitimate" acts of self-defense. They do, however, "increase the possibility of an outbreak or escalation of conflict," because they are a vastly disproportionate response to the provocation, and because the Palestinian population is suffering from those military attacks in numbers far exceeding Israeli losses in life and property.

Israel's current military campaign in Gaza has inflicted a significant toll on Palestinian civilians and society. Israel's recent aerial and ground offensive against Gaza has killed nearly 600 and injured over 2,500. The Associated Press reported: "children are paying the price. . . . The United Nations has said the death toll includes 34 children. . . . But the broad range of Israel's targets--police compounds, fire stations, homes of militants, Hamas-run mosques and university buildings--means most shelling is occurring in residential areas."[2] The extensive destruction of such civilian institutions violates Article 33 of the Fourth Geneva Convention, which prohibits the wanton destruction of property and collective punishment of a civilian population. There have also been reports of bombings of United Nations (UN) schools, despite the fact that Israeli Defense Forces were allegedly given coordinates of the facilities prior to the current escalation in violence. The blockade that Israel has imposed on Gaza since 2006 has further exacerbated the extent of collateral damage, as hospitals and morgues have been unable to cope with the magnitude of deaths and injuries as a result of the current escalation in violence and hospitals lack proper supplies needed to treat the injured.

I believe that Israel's use of defense articles provided by the U.S in the current Gaza military attacks may constitute a violation of the AECA. At a minimum, the conflict is sufficient to warrant an immediate report to Congress as required by 22 U.S.C. §2753. Please contact my office by close of business on January 7, 2009 with the date the report will be submitted.

Sincerely,

Dennis J. Kucinich
Member of Congress

Comments

[justice2all]

Right on Congressman. Keep telling the truth out there. We lack true patriots like you in Washington

[Palemoon]

Great post and it's good to see at least 1 member of Congress at least trying to keep the Executive branch honest. I wish there were more like you!

[ObjectiveRealist]

No updates today? This should be an ongoing story, please.

[SiberianRat]

Here's the video of his address: http://www.youtube.com/watch?v=Faf_nV8nE8U

[MoeB]

Rep. Kucinich:

Thank you for your letter. Hopefully it is taken seriously by Condi. Don't give up the fight! There are increasing numbers of americans who are in complete agreement with you. This occupation must end and sooner rather than later.

[zizyphus]

It was an honor to meet Dennis Kucinich in Hilo last year, and shake the hand of one of the finest human beings on earth. Thank you so much, Dennis, for always being on the side of the people, on the side of the peace. Thank you for having courage and common sense, two qualities lacking in the majority of our elected officials.

[wanked]

Thank you Rep Kucinich. Its nice to hear a voice of sanity in a world gone mad. How will this report effect the Palstinians, if at all? Israel does not abide by rules.

[RBN]

Thank you, I'm glad to see we still have some human beings working in government.

[Gunfighter]

I love Dennis Kucinich, and supported him in his run for the Presidency, but I have to ask: What level of response would have been "proportionate" to the provocation in this circumstance?

Somebody school me up, here.

[driven989]

I wish this man was our President!

[Vacy]

Respect to you for speaking out against Israeli war crimes in Gaza, I wish Australian politicians (except for the Greens) had your integrity and decency.

[lebaneseliberal]

Mr. Kucinich, thank you.

[JustifiablyParanoid]

Dennis, Dennis...you are a beacon of TRUE hope in these troubled times. Thank you for ALL that you do.

[abdallac]

You know I voted for you - the last honest man in Congress. So many people support your heroic efforts. I say heroic because you are fighting and overwhelming oponent - AIPAC and every member of Congress, with the exception of you and possibly Keith Ellison has sold their seat to them.

Thank you - major cajones.

[Peter007]

War is one level of diplomatic negotiations. Terrorism is a method of warfare. It's not a political ideology. It's a level of warfare used against superior military equipment..
Terrorism has been effective. The United Sates and Israel use a type of terrorism because they feel it is effective. It attacks those components of society that support a government or movement. It could be newspapers, radio and TV shows or the voting or general population. Nagasaki and Hiroshima were not military targets. The fire bombing of Tokyo was not for military reasons. It caused the people of Japan to lose hope for any chance of victory.
Israel uses collective punishment in Palestine because they believe that it will cause the population to abandon its support of Hamas. They used the same methods against the civilians when they were trying to topple the PLO. Its illegal, immoral and should be ended by international means.

[slarabee]

Very well put and straight to the point. Thank you.