Van Hollen, Democrats plan push for stronger policy protecting civilians from American weapons used by allies

WASHINGTON – Even though the White House has taken steps aimed at protecting civilians from American weapons in war zones, Sen. Chris Van Hollen, D-Maryland, said Tuesday that he would press for a stronger response, especially in light of Israel’s continued bombardment of Gaza.

“I fully support Israel’s right, indeed its duty, to defend itself,” the senator said in a statement. “But while a war may be just, it must be fought justly. I cannot support a blank check for the Netanyahu government’s current campaign in Gaza. The disregard for innocent civilian life and the mounting humanitarian catastrophe are too great to turn a blind eye.”

Van Hollen praised a national security memorandum issued last Friday by President Joe Biden in which he outlined U.S. policy on safeguarding civilians in places where American weapons and military equipment are used. Israel is not specifically mentioned in the memorandum.

“…As a matter of policy, the United States always seeks to promote adherence to international law and encourages other states and partners to do the same,” the memorandum states. “United States policy…is for executive departments and agencies to engage with foreign partners to share and learn best practices for reducing the likelihood of and responding to civilian casualties…”

The memorandum was similar to an amendment Van Hollen announced with his colleagues on Feb. 7. It was not included in the national security supplemental spending bill passed yesterday.

According to the memorandum, before receiving United States military aid, countries must confirm in writing that they will comply with international humanitarian law.

“This is a very big deal, and it will give President Biden and the United States more tools and more leverage to ensure… that U.S. military assistance, complies with American values and American interests,” Van Hollen said during a press conference last Friday.

Countries must also promise not to hinder the United States’ ability to provide humanitarian assistance to conflict areas where American weapons are being used.

According to the Associated Press, the number of Palestinians killed in the Israel-Hamas war, which began after the militant group Hamas attacked Israel on Oct. 7, surpassed 25,000 on Jan. 21.

The Van Hollen amendment had 18 sponsors, including Sen. Tim Kaine, D-Virginia, Sen. Elizabeth Warren, D-Massachusetts, Sen. Dick Durbin, D-Illinois, and Sen. Jeff Merkley, D-Oregon.

“This extreme level of civilian harm in Gaza is a moral failure, and now it is fueling an even wider conflict in the region,” Warren said.

Van Hollen said that he and his colleagues will work to turn the Biden policy into law, preventing future administrations from easily reversing it.

“It’s been rolling a rock uphill,” Warren said regarding making changes to United States military aid policy in the past. “When it feels like the conflict is far away and nobody knows who the parties are and what’s actually happening on the ground, it’s hard to get Congress to move.”

Merkley and Van Hollen traveled to the Rafah border crossing from Gaza into the Sinai in early January and saw first-hand how the conflict and deplorable conditions created difficulty getting aid to the hospitals and warehouses in the region.

“These factors together have caused the seasoned humanitarian workers who have worked in the worst conflicts in the world to tell Chris and I, when we were at the Rafah gate, that they have never seen anything as bad as Gaza,” Merkley.

The Van Hollen amendment only applied to countries receiving military aid from the United States under the national security supplemental spending bill. The Biden memorandum now applies to all countries receiving United States military assistance, including Ukraine and Israel.

Kaine said that he and his colleagues got on a call with the White House about their amendment in December expecting more resistance. While there was some pushback, Kaine said that no one ever came up with any substantive reason to oppose the principles of the amendment.

“Human rights should not be separate from the American defense mission,” Kaine said. “And when we determined that it’s in our interest to assist an ally, that ally should conduct itself in the way we would.”

Durbin made it clear that he and his colleagues support Israel’s defense. However, he acknowledged that members of Hamas hiding among civilians in the area has helped create a “humanitarian nightmare.”

“We still need to demand and require realistic effective standards to reduce civilian harm,” Durbin said.

Countries currently engaged in war using United States weapons have 45 days to ensure that Biden receives the written assurances that they are adhering to international law. If those countries don’t meet the deadline, then the United States will suspend their assistance.

To ensure that countries are complying with the best practices for reducing civilian harm, the State Department and the Defense Department must submit reports to Congress discussing weapons usage in areas of armed conflict.

Reports must be submitted within 90 days and include information on weapons usage dating back to Jan. 2023.