Opinion: Say ‘No’ to violations of international humanitarian law

By JOHN BUTTRICK

Published: 07-13-2024 7:00 AM

John Buttrick writes from his Vermont Folk Rocker in his Concord home, Minds Crossing. He can be reached at johndbuttrick@gmail.com

Speaker Mike Johnson of Louisiana and Senator Mitch McConnell of Kentucky have released a statement saying that Prime Minister Benjamin Netanyahu of Israel will address a joint session of Congress on July 24. They said the speech would offer Mr. Netanyahu the opportunity to “share the Israeli government’s vision for defending their democracy, combating terror, and establishing just and lasting peace in the region.”

It is interesting that it is deemed necessary for Netanyahu to repeat his vision to Congress, a vision that is being frequently covered in news reports and is being continually advocated by lobbyists visiting individual congresspersons.

Prime Minister Netanyahu is presently one of two heads of foreign states to make three appearances before Congress. On July 24 he will become the only head of state to speak before the U.S. Congress four times. He accepted the invitation saying, “I am very moved to have the privilege of representing Israel before both houses of Congress and to present the truth about our just war against those who seek to destroy us to the representatives of the American people and the entire world.”

This fourth “privileged” invitation to Netanyahu to speak before a joint session of Congress prompts a more careful look at the relationship between the United States and the state of Israel. Jonathan Masters and Will Merrow of the Council on Foreign Relations have written, “Israel has been the largest cumulative recipient of U.S. foreign aid since its founding, receiving about $310 billion (adjusted for inflation) in total economic and military assistance… The United States has provisionally agreed via a memorandum of understanding (MOU) to provide Israel with $3.8 billion per year through 2028. In addition, a recent U.S. aid package signed by President Biden will send about $15 billion more military aid to Israel. Also, Israel is among a short list of ‘major non-NATO allies’ and has privileged access to the most advanced U.S. military platforms and technologies.”

This military aid to Israel has put the United States at risk for being complicit with Israel in the violation of the standards of international humanitarian law, drafted by the world’s leading militaries as a way to protect civilians during war. The law was codified in the Geneva Conventions of 1949 and in additional protocols in 1977. The law has been endorsed by almost every government including the United States, Israel, and Palestine.

It contains three principles. One, “Civilians, as well civilian structures that are not in active use for military purposes, should never be targeted and must be presumed civilian…” Two, the Rule of Proportionality: Humanitarian law prohibits firing even on a known military target when harm caused to civilians “would be excessive in relation to the concrete and direct military advantage anticipated.” And three, international humanitarian law requires warring parties to allow humanitarian aid to reach civilians in need.

Here’s the truth that will not be a part of Netanyahu’s speech before Congress. The U.S. is collaborating with Israel’s violations of international humanitarian law. The war in Gaza has resulted in a huge toll of civilian deaths and injuries (over 37,000 killed out of a population 2.1 million), the almost complete destruction of Gaza’s infrastructure, the demolition of most homes, and the prevention of access to food and fuel.

Also, U.S. military aid has contributed to the more than 70 years of Israeli occupation of the Palestinian territory in the West Bank and East Jerusalem. This occupation is enforced by the IDF resulting in restricted Palestinian movement with checkpoints; demolition of housing to make room for Israeli settlements; enforcement of Israeli military law upon Palestinian civilians; arrests of teenagers from their homes without charges; and collective punishment against Palestinians living in the West Bank as reprisal for Hamas’ attack on Israel.

It is inappropriate to give the podium to Prime Minister Netanyahu, who is an unapologetic advocate for a misguided war strategy. He does not warrant a platform of a joint session of Congress to justify Israel’s violations of international humanitarian law. Nor should he be given a place from which to impose the ethics and vision of Israel upon the United States. Finally, he must not be given the appearance of having the power and authority to dictate Congressional governance, equivalent to that old cliché, “the tail wagging the dog.”

One way to disentangle from complicity with Israel’s ill-advised actions is to have Prime Minister Netanyahu testify before a congressional committee instead of speaking to a joint session of Congress. There, he may not have the last word. But questions and answers could advance the friendship between Israel and the U.S. By accepting an invitation to come before a congressional committee, Netanyahu could signal respect for the United States’ insight into the international diplomatic quagmire of war and rumors of war. Most of all, the United States must maintain its leadership by doing everything in its power to stop the slaughter of civilians in Gaza.