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Heinrich, Warren, and Colleagues Call for Accountability, Oversight of Use of U.S.-Origin Weapons Used by Israel in War Against Hamas

“As weapons transfers to Israel accelerate, we seek information on the accountability and oversight measures that ensure any use of U.S. weapons is in accordance with U.S. policy and international law.”

Text of Letter (PDF)

WASHINGTON – Following reports that Israel is using explosive weapons against civilian targets, causing widespread harm, U.S. Senators Martin Heinrich (D-N.M.), a member of the Senate Intelligence Committee, Elizabeth Warren (D-Mass.) and Tim Kaine (D-Va.), both members of the Senate Armed Services Committee, Bernie Sanders (I-Vt.), and Jeff Merkley (D-Ore.), a member of the Senate Foreign Relations Committee, sent a letter to President Joe Biden, calling for accountability for Israel’s use of U.S. weapons to ensure the weapons will not be used to cause preventable civilian harm. In the letter, the lawmakers also reiterated their belief that Israel has a right to defend itself following Hamas’s terrorist attacks on October 7th.

“Israel is a U.S. partner, and we must ensure accountability for the use of U.S. weapons we provided to our ally,” said the lawmakers. “Your administration must ensure that existing guidance and standards are being used to evaluate the reports of Israel using U.S. weapons in attacks that harm civilians in order to more rigorously protect civilian safety during Israel’s operations in Gaza.”

In the weeks since Hamas’s terrorist attack on October 7th, Israel’s retaliatory strikes have killed over 15,000 Palestinians, most of which are civilians. The subsequent attacks have hit several areas where large numbers of civilian Palestinians have fled to, including a U.N. created refugee camp that has quickly become a dense urban area and “safe zones” in Southern Gaza where Israel had previously told Palestinians to move toward. In the letter, the lawmakers expressed concern “that strikes on civilian infrastructure have not been proportional, particularly given the predictable harm to civilians.” 

In order to mitigate civilian harm, the Department of Defense (DoD) and State Department established new accountability measures in 2022 and 2023, including the Civilian Harm Mitigation and Response Action Plan (CHMR-AP) and Civilian Harm Incident Response Guidance (CHIRG). It has not been made clear, however, how these measures will be applied to ensure that Israel is doing everything it can to prevent civilian harm while using U.S.-origin weapons.  

“The risk of violating international law and our own standards increases as Israel uses explosive weapons in densely populated areas,” said the lawmakers. “These gaps in protections appear to be inconsistent with U.S. international commitments to refrain from the use of explosive weapons in populated civilian areas.” 

Following President Biden’s request for approval of $14.3 billion in military aid to Israel, the lawmakers are calling for increased accountability and oversight measures to ensure any use of U.S. weapons, including 155mm shells, is in accordance with U.S. policy and international law. 

Read the full letter here