Even Democrats Warn Biden Israeli Rafah Invasion Risks Violating Military Aid Conditions

The US president has come under pressure from lawmakers and constituents as the Gaza Strip war has resulted in the deaths of more than 29,000 Palestinians.

A group made up of 37 House Democrats sent a letter to US President Joe Biden on Tuesday telling him that an Israeli invasion of Rafah could violate the administration’s requirement that US military aid be used in accordance with international law, a report on Wednesday revealed.

The group has been spearheaded by Representatives Joaquin Castro (D-TX), Jamie Raskin (D-MD), and Jan Schakowsky (D-IL), who wrote that if Israel invades Rafah, it would
“likely contravene” a recent memo that the Biden administration put out last month.

“The memorandum emphasizes the importance of credible assurances from recipient countries that they will use U.S. weapons in adherence with international humanitarian law,” the group wrote. “While we continue to urge Israel to avoid an expanded operation in Rafah, we share your obvious concern about the absence of a credible plan for the safety and support of the more than one million civilians sheltering in Rafah.”

They added that any ground invasion would run “counter to specific principles outline” in the memorandum “should not be supported by US taxpayer-funded assistance.”

“We write to express our deep sense of urgency and alarm about the potentially devastating consequences to innocent civilians of an Israeli military ground invasion of Rafah. We share the position highlighted by US Ambassador to the UN [Linda Thomas-Greenfield] that ‘no attacks on Rafah should take place, given current circumstances,’” the House Democrats wrote.

“An extensive Israeli offensive in Rafah would further deteriorate the already dreadful conditions for civilians, more than half of whom are on the brink of famine, as well as risk the lives of the 130 Israeli and American hostages still held in Gaza by exposing them to the threat of aerial bombardments and derailing a negotiated agreement that could lead to their release,” they added.

In early February the Biden administration issued a memorandum outlining restrictions on how weapons given to countries by the US should be used, though it did not single out Israel, specifically. The memo also requires, for the first time, that the administration submit an annual report to Congress about whether or not certain countries are meeting those requirements.

The memo was prompted by Democratic lawmakers who have raised concern over Israel’s military actions in Palestine. More than 29,000 Palestinians have been killed in the Gaza Strip since the war first began, the territory's Health Ministry said in mid-February. Civilian deaths including a vast majority of women and children, the births of malnourished children, and a looming famine have also been reported.

“Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions, is a war crime,” said the International Rescue Committee, according to a Wednesday report.

The Biden administration has made several statements purportedly warning Israel against invading Rafah without a humanitarian plan that would protect civilians. At the same time, the US has been providing military aid and selling military equipment to Israel, fueling the conflict. Moreover, the US has deliberately vetoed United Nations Security Council ceasefire resolutions at least three times now.

Receiving both military and diplomatic support from the US, Israeli officials seem to have set a deadline to invade Rafah on the Muslim holiday of Ramadan starting on March 10. Roughly 1.4 million Palestinians are estimated to be seeking refuge in the southern city.