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

[Ronju01]

Bush, the retiring Recruiting Sergeant for Al Queda is being replaced by Israel’s IDF.

[slarabee]

Thank you Rep. Kucinich.

[SiberianRat]

While I'm very pleased with Obama as our new prez, you were my first choice, Mr. Kucinich. I support your efforts 100% and I would ask you to go even further my moving to withdraw Israeli aid altogether until they comply with international law, UN resolutions, and declare their nukes.

[Indedave]

With all due respect, Rep. Kucinich, your protest fails to account for the reports that Hamas was using the school as an offensive post. It also omits that using civilian facilities including schools and mosques is a well-documented Hamas tactic. As for the disproportionality of the casualties, I suggest you direct your efforts first to those responsible for the current war in Iraq, where an estimated 25 Iraqis have been killed for every U.S. soldier, and the carnage is three orders of magnitude greater.

[SiberianRat]

You're right about the Iraqi carnage and crimes, but does that mean we should just ignore the nightmare unfolding in Gaza?

[johnsopinion]

We can always find a 'reason' for doing what we want
to do. After all, the end always justifies the means, right?
Wasn't that GWB's philosophy?

Governments are in the business of granting favors.

You scratch my back and I'll scratch yours and and to
hell with the far-reaching consequences. Don't worry
about tomorrow or what's been written, it is the
'moment' in which we live!

[bruster55]

If you beleive an Isrealli, Madof would like to talk to you.

[sophiej]

Those reports have been denied by the UN Relief and Works Agency, which has representatives on site.

[papapj]

There's nothing "well documented" about the human shield theory - it is outright propoganda, denied by impartial observers on the ground. However, it provides comfort for those who can find no other rational for this carnage.

It's a lie - just as the original American settlers justified the genocide of the Natives by reporting a few random scalpings which justified their disproportionate ethnic cleansing.

History repeating itself.

[ObjectiveRealist]

Take note, the deadline is tomorrow, ~5pm EDT. Write your Congress Critters NOW.

[Jezreel]

Thank you Rep. Kucinich for this and so much more that you do on behalf of the people of the United States.

You were the first member of Congress to call for an end to Israel's acts of disproportionate violence against the civilians in its care and custody. Your efforts are appreciate greatly.

Sir, I will be writing to Sec. of State Condoleeza Rice to ask her to follow-up to your request for action on this matter.

Citing the IDF's military assault on three UN schools, Haretz and other news sources are reporting that UNRWA is also demanding an independent investigation and the indictment of anyone found to have violated international law, including the state of Israel.

Perhaps our joint efforts will help to hold Israel accountable for the atrocities it has committed against the people of Gaza.

Let's hope so.

Jezreel

[rosiebond007]

... AND FOLLOW UP WITH CONDI - SHE'S SURE TO DELAY HER ANSWER UNTIL AFTER JAN 20 !!

[rosiebond007]

YOU GO, DENNIS

[Fireslayer]

Hi Dennis,

Thanki you for this courageous stand. However, the point needs to be stressed that the IDF actions, however you want to characterize them, are the biggest Al Queda promotional events of all time. It cannot be understated just how much damage this horror show is doing to the security of the world.

Saddly, Israel is already the big loser and I fear more for my friends in that country now than at anytime since the Yom Kippur War.

Please help end this madness.

peace be with you

[111]

Thank you Rep. Kucinich. You are a true leader and hero.

Aside from being very much against the actions that Israel has taken regarding Gaza over the last few years, I am very concerned about Israel's continued use of cluster bombs and white phosphorous. I understand that the US has chosen to use WP in Iraq and, to that end, has declared that it is not a chemical weapon but we all know that it is exactly what it is. I write letters but feel they are simply ignored. I hope you will take the use of these weapons as an issue you will address.

Thank you again.

[Fein]

Sir, I greatly respect your humanity for trying to stop this slaughter. There is also video of Israel
using white phosphorus weapons in the streets of Gaza which is a war crime.

I have informed all of my representatives of my position and, I've asked them to take note of the overwhelming rejection of their cooperation with the Bush administration's backing of Israel's. war.

[anachoret]

Keep up the good work, and fighting the good fight Representative Kucinich.
Thank you.

[Judah]

Why was this article from a sitting U.S. congressman and a Presidential contender not on the Politics page or even the front page? Because it challenges the status quo as it relates to the U.S. policy on Israel.

[slarabee]

Post a link to this article in the comments on all the other articles about this conflict. That should solve it. I'm to tired. Going to bed.

[ObjectiveRealist]

My House Representative and Senators have been notified by e-mail that I want them to support your petition, to remind the President of his responsibility to uphold the laws and treaties of the United States.

quote:
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.
/quote

You're exactly right. The current reported ratio of killed is 600 Palestinians : 10 Israeli soldiers, definitely vastly disproportionate by any reasonable definition.