Israel in Violation of Arms Export Control Act

Kucinich Requests Report to Congress

WASHINGTON, D.C. (January 6, 2009) – In light of press reports that Israeli forces fired on a United Nations school where civilians were taking shelter, Congressman Dennis Kucinich (D-OH) today sent notice 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.”

The letter offers preliminary evidence that there may be a violation of the requirements of AECA. For example, Israeli forces have used F-16 fighter jets and Apache helicopters to precede and to support ongoing ground actions such as the one today in which 40 Palestinians were killed while taking shelter in a U.N. facility.

In the letter, Kucinich requests a response by the close of business on January 7, 2009 with the date that the report will be submitted.

The full text of the letter follows:

January 5, 2009

The Honorable Condoleezza Rice

Secretary of State

U.S. Department of State

2201 C Street NW
Washington, DC 20520

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).[1]

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.[3][4] 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,

/s/

Dennis J. Kucinich

Member of Congress

# # #

[1] U.S.C. 22 §§ 2771-2781.

[1] Barzak, Ibrahim. (2009, January 1). Fighting in dense Gaza brings child casualties. Associated Press Newswire. Online. Accessible: http://www.iht.com/articles/ap/2009/01/01/news/ML-Gaza-Children-Casualti...

[2] Barzak, Ibrahim. (2009, January 1). Fighting in dense Gaza brings child casualties. Associated Press Newswire. Online. Accessible: http://www.iht.com/articles/ap/2009/01/01/news/ML-Gaza-Children-Casualti...

[3] McGreal, Chris and McCarthy, Rory. (2009, January 6). Israeli shelling kills dozens at UN School in Gaza. The Guardian. Online. Accessible: http://www.guardian.co.uk/world/2009/jan/06/gaza-israel-death-un.

[4] News Agencies. (2009, January 6). 40 Palestinians killed in IDF Strike on UN School. Haaretz. Online. Accessible: http://haaretz.com/hasen/spages/1053138.html

*****

UPDATE:

Kucinich: Bush Administration Must Enforce Arms Export Control Act

WASHINGTON, D.C. (January 7, 2009) -- Congressman Dennis Kucinich (D-OH) made the following statement about Israel’s violation of the Arms Export Control Act of 1976 (AECA) on House Floor this morning.

The AECA makes it clear that any defense articles sold or leased by the United States must not be used to escalate conflict. The disproportionate and collective punishment nature of the attacks on Gaza assure an escalation of conflict in violation of the AECA.

In a letter to Secretary of State, Dr. Condoleezza Rice, Kucinich yesterday informed administration officials of a violation of AECA, which, under AECA law, should trigger a Presidential report on the violation. Kucinich is expecting a response by the end of business today.

The text of the speech follows:

January 7, 2009

“We cannot truly celebrate a New Year, a new Congress and a new administration if all we see is the same old destruction in the Middle East with US weapons being illegally used to kill children.

“I oppose Hamas' rocket attacks on Israel. The rocket attacks, even to try to end the blockade, have no moral justification, are illegal and must stop.

“But how can Israel claim self defense when it bombs Gaza which has no army, no air force, no navy and has been under a constant blockade?

“How can Israel claim self defense when its bombs destroy UN schools, killing children?

“The children of Palestinians and the children of Israel both deserve life. But the lives of the children of Gaza are cynically discounted as "human shields". Massacres are being rationalized. Israel's "moral high ground" in Gaza, a growing pile of small bones in a graveyard.

“The Administration knows Israel is using US weapons, paid for by US taxpayers, with disproportionate force creating a collective punishment of Gazans, assuring an escalation of conflict, clear violations of the Arms Export Control Act.

“Israel was given U.S. weapons on condition they would not be used for aggression or escalation. The outgoing Administration must finally stand for the rule of law, not the rule of force.”

http://www.afterdowningstreet.org/node/38746