The Biden administration delivered a stark ultimatum to Israel: implement specific humanitarian measures in Gaza within 30 days or face potential restrictions on military aid, according to a letter obtained by Axios.
The letter, authored by U.S. Secretary of State Antony Blinken and Defense Secretary Lloyd Austin and addressed to Israeli Defense Minister Yoav Gallant and Strategic Affairs Minister Ron Dermer, outlines fifteen specific policy changes that Israel must implement to avoid possible sanctions, including an arms embargo.
“Starting now and within 30 days,” Jerusalem must demonstrate “a sustained commitment to implementing and maintaining these measures” or face “implications for U.S. policy under NSM-20 and relevant U.S. law,” the letter states, as reported by Axios.
Under NSM-18, issued on Feb. 23, 2023, one of the U.S. foreign policy and national security objectives is to “prevent arms transfers that risk facilitating or otherwise contributing to violations of human rights or international humanitarian law.”
NSM-20, a national security memorandum that U.S. President Joe Biden issued on Feb. 8 about “safeguards and accountability with respect to transferred defense articles and defense services,” requires the secretary of state “to obtain certain credible and reliable written assurances from foreign governments receiving defense articles.”
Among the key demands, Israel must:
- Allow at least 350 aid trucks through existing border crossings daily
- Open a fifth border crossing
- Implement “adequate humanitarian pauses across Gaza” for at least four months
- Rescind evacuation orders
- Remove restrictions on “container and closed trucks”
- Permit entry of certain dual-use items
- Confirm there will be no forced evacuation of civilians from northern Gaza
The ultimatum is grounded in specific U.S. policy frameworks. According to NSM-18, issued in February 2023, U.S. foreign policy aims to “prevent arms transfers that risk facilitating or otherwise contributing to violations of human rights or international humanitarian law.” Additionally, NSM-20, issued by President Biden on February 8, requires “credible and reliable written assurances” from governments receiving U.S. defense articles.
The letter also addresses concerns about proposed Israeli legislation targeting the United Nations Relief and Works Agency (UNRWA). “While we share your concerns about the serious allegations of certain UNRWA employees participating in the Oct. 7 terrorist attacks and of Hamas misusing UNRWA facilities, enactment of such restrictions would devastate the Gaza humanitarian response at this critical moment,” the letter states.
This diplomatic pressure comes amid ongoing tensions over civilian casualties and humanitarian access in Gaza. A May State Department report to Congress noted that U.S.-made defense articles have been used by Israeli forces “in instances inconsistent with its international humanitarian law obligations or with established best practices for mitigating civilian harm.”
Israel maintains that its military operations comply with international law and has accused Hamas of stealing the majority of humanitarian aid entering Gaza, a claim that both the White House and State Department have acknowledged at times. The Israel Defense Forces continues its campaign against Hamas following the October 7 attack that killed 1,200 people and resulted in 251 hostages being taken to Gaza, of whom 101 remain captive.
The implementation deadline comes as both nations grapple with the complex challenge of balancing military operations against Hamas with humanitarian obligations to Gaza’s civilian population. Israel’s response to the letter is expected after the U.S. elections, with Minister Dermer leading the drafting process.
