In the fall of 2016, the Obama administration signed a major military agreement with Israel, committing the United States to providing $38 billion in arms to Israel over 10 years.
“A continued supply of the world's most advanced weapons technology will ensure Israel's ability to defend itself against all types of threats,” President Barack Obama said.
At the time, the agreement was not controversial. It was a period of relative peace for Israel, and few government officials expressed concern about how American weapons might someday be used.
A military aid package that guarantees Israel $3.3 billion a year in arms purchases and an additional $500 million a year in missile defense spending is now a flashpoint for the Biden administration. A vocal minority of members of Congress backed by liberal activists are calling on President Biden to limit or halt arms shipments to Israel because of military operations in Gaza.
Biden has been harshly critical of what he once called “indiscriminate bombing” in Israel's war operations, but has resisted placing limits on U.S. military aid.
The United States and Israel have had a close military relationship for decades, spanning multiple Democratic and Republican administrations. Israel buys much of its critical equipment from the United States, including fighter jets, helicopters, air defense missiles, and unguided and guided bombs dropped on Gaza. The law requires the U.S. government to help Israel maintain military superiority, or “qualitative military superiority,” over other Middle Eastern countries.
The process of shipping weapons to Israel is opaque, and the pipeline of weapons into the country is long. Since the Oct. 7 killing by Hamas gunmen, the United States has sent tens of thousands of weapons to the country, many of which were approved by Congress and the State Department long ago and were part of the Obama-era deal known as the “deal.” was funded with funds mandated by the agreement. Memorandum.
“At any given time, these sales deliveries are happening constantly,” said Dana Stroll, who recently retired as the Pentagon's top official for Middle East affairs.
Biden has the power to limit foreign arms deliveries, even those previously approved by Congress. But far from cutting Israel off, he is pushing ahead with calls for $14 billion in additional arms aid for the country and U.S. military operations in the Middle East, which he issued shortly after the Oct. 7 attacks. The funding has been stalled in Congress amid controversy over aid to Ukraine and U.S. border security, and it faces growing concerns from Democrats.
A loophole in the law does not require the State Department to notify Congress or the public of some new arms orders placed by Israel after October 7, because they are below a certain dollar value. Congressional officials have criticized the secrecy, which stands in contrast to the Biden administration's hype over arms deliveries to Ukraine.
Since the Hamas attack, State Department officials have continued to authorize arms shipments to Israel. The orders, which officials refer to as “cases,” were previously approved by the department and Congress, often years in advance, and often in batches over many years. It was to be delivered. long period. Officials describe this step as a formality. Approvals have occurred almost daily in recent weeks and are in line with Biden's policy of full support for Israel.
But Biden hinted Thursday that that could change. In a phone call with Israeli Prime Minister Benjamin Netanyahu, Biden said that unless Israel takes further action to protect civilians and aid workers in the Gaza Strip, U.S. policy will change, according to a White House summary of the meeting. I warned you that this is a possibility.
In addition to regularly receiving weapons from the US Department of Defense, Israel also receives weapons directly from US weapons manufacturers. The largest arms orders are often filled over many years in smaller groups of specific items. In such cases, arms-buying countries like Israel approach the U.S. government and say they are willing to pay for a portion of the order.
If the Department of Defense supplies weapons (including the most expensive weapons systems), the State Department will direct the Department of Defense to issue a letter of acceptance to the purchaser. That approval is often a pro forma step, and when the buyer signs it, it means a legal contract is in place to fill that part of the larger order.
The State Department's Bureau of Political-Military Affairs, which manages foreign defense relations and arms transfers, typically acts within two days of hearing a buyer's performance request and directs the Pentagon to issue a letter. If defense officials decide to resolve the issue by ordering from a U.S. weapons manufacturer, assembly and shipping typically takes several years.
Since Oct. 7, defense officials have been drawing funds from U.S. military stockpiles, including those in Israel, to meet Israel's immediate needs.
Israel and other countries also have direct contracts with American weapons manufacturers. These orders are subject to State Department review (and possibly Congressional review, depending on the price tag). The State Department regularly issues four-year export licenses to companies and does not release much information about commercial orders.
Israel is awaiting State Department approval for 24,000 assault rifles it requested before October 7. This is a direct commercial order and has drawn scrutiny from some State Department officials and members of Congress because of Israeli settler violence against Palestinians in the West Bank.
Since Oct. 7, Israel has asked the U.S. to speed up its response to the long-standing order, U.S. officials said. State and Defense Department officials responded.
Given the politics around Israel, any change will need to come from Biden.
Israel's recent demands for fulfillment, and the consequent withdrawal from U.S. stockpiles, include ammunition ranging from 250 pounds to 2,000 pounds of bombs. Many of the incidents involved 500-pound bombs, said a U.S. official, who like other officials spoke on condition of anonymity because of the secrecy and opacity surrounding arms sales.
Some of Israel's demands since October 7 are aimed at strengthening its defenses against actors other than Hamas, including Hezbollah, other Iranian-backed militias in the region, and Iran itself. U.S. officials say one reason for their reluctance to limit arms sales to Israel is the risk of weakening deterrence against these adversaries.
Just before an Israeli airstrike killed seven World Food Kitchen aid workers on Monday, State Department officials instructed the Pentagon to issue receipts for military supplies to Israel, U.S. officials said. It is said that he did.
The batch follows other shipments sent to Israel over the years to fill orders for large munitions approved by Congress and the State Department in both 2012 and 2015, U.S. officials said. .
Josh Paul, who resigned from the State Department's Bureau of Political and Military Affairs in October in protest, said the assistant secretary of state instructed Pentagon officials to issue letters of acceptance over concerns about the other country. He said it is rare for him to request that they not do so. Biden's war policy.
“They might say, 'Okay, I changed my mind,'” Paul said, stressing that U.S. government officials can step in at any time before a customer takes ownership.
Since October 7, Israel has placed new orders. The State Department would only be required to notify Congress if prices exceed certain thresholds. The amount varies depending on the country and type of military aid. If Israel orders a major weapons system, the department will only tell Congress if the value of the tranche exceeds $25 million.
Congressional officials are asking the State Department to provide more information about orders that fall below the price threshold.
But at least three of Israel's new orders exceed the required threshold for congressional review, which Secretary of State Antony J. Blinken twice circumvented. Last December, Mr. Blinken invoked an unusual emergency authority to bypass legislative review and push through two orders worth $253 million for tank ammunition and artillery shells. The Pentagon then pulled the U.S. stockpile and quickly sent it to Israel.
In January, the State Department informed Congress of Israel's third $18 billion order for F-15 fighter jets since October 7. The State Department is seeking approval from four members of two Congressional committees that oversee arms transfers. Two Republicans approved the order in January, but two Democrats have not approved it so far, according to U.S. officials.
The Biden administration is pressuring Democratic lawmakers to approve the order, after which the State Department will formally notify it. This is one of the largest orders from Israel in recent years. The first jets could not be delivered until 2029 at the earliest, one official said.
Israeli authorities are also expected to order F-35 fighter jets soon, U.S. officials said.
“The problem with this American juggernaut is that over the years it has instilled a sense of entitlement among Israelis,” said Martin Indyk, the Obama administration's special envoy for Israeli-Palestinian negotiations.
He said Israel's dependence on the United States “has increased sharply since its deterrence collapsed on October 7,” adding that Israel relies on U.S. military support to prevent large-scale attacks by Hezbollah and Iran. He pointed out that it was needed. The Biden administration must use its influence to shape the Israeli government's actions, he added.
There is opposition within the State Department to arms transfers, reflected in three cables sent to Mr. Blinken last fall and in internal communications after the recent White House move.
Biden issued a national security memorandum in February that required all recipients of U.S. military aid to provide written commitments that their forces would comply with international law. The move was aimed at relieving mounting pressure within Congress.
Critics argue that the exercise adds little to the United States' existing requirements that military aid recipients comply with international and humanitarian law.
After Israel submitted its commitment last month, officials from two State Department departments focused on human rights and refugees expressed concerns to Mr. Blinken about Israel's involvement, U.S. officials said. But Mr. Blinken accepted Israel's assurances.
Generally speaking, State Department spokesman Matthew Miller said last month that U.S. officials are “continuing to assess compliance with international humanitarian law” when it comes to Israel.