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When an elected American official has to worry about getting reelected, they often restrain themselves and avoid pursuing controversial policies. But when the reelection option is no longer available and they are in what is termed a lame duck period of office, the elected official can do whatever they want within their powers without worrying about voter consequences or their critics.
That is the situation Joe Biden is currently in as he prepares to relinquish the powerful office of president of the United States. He is effectively more powerful today than he was on the first day of his presidency.
As president, Biden can take actions that do not require approval from Congress, including major foreign policy moves. These include negotiating agreements and recognizing foreign governments. As the commander-in-chief of the armed forces, he can also take many military actions, such as ordering military operations or unit deployments, though long-term actions would require eventual congressional approval under the US War Powers Act.
We have already seen Biden exercise these powers with respect to the Ukraine-Russia war. Biden this month removed restrictions that had been placed on Ukraine’s use of US-supplied long-range missiles, allowing them to be fired into Russia and not simply used against troops that had entered Ukrainian territory.
There is more than enough justification for Biden to do now what his administration failed to do when Israel began its war on Gaza
Ray Hanania
This decision changes the war’s dynamics, giving Ukraine’s armed forces the ability to launch offensive assaults to counter Russia’s bombings of its cities and other targets. Ukraine’s other major weapons suppliers in NATO, including the UK and France, now appear to have followed suit and removed restrictions on the arms they supply or are at least considering doing so.
Why can Biden not do the same thing with Israel and stop the flow of US weaponry and funding that is fueling Tel Aviv’s genocide against the Palestinians in Gaza?
During the past year, the majority of people injured or killed in Gaza have been civilians. Although it is estimated that more than 44,000 Palestinians have been killed, there is no way of knowing the precise number because Israel prohibits foreign journalists from entering the Strip.
There is more than enough justification for Biden to do now what his administration failed to do when Israel began its war on Gaza last October. All he has to do is apply the American laws that prohibit the supplying of weapons to foreign nations that engage in the killing of civilians and genocide.
There are five laws that restrict how foreign countries can use US money and weapons. However, until now, the outgoing administration has refused to enforce them.
The Leahy Law prohibits the US government from using any funds to assist foreign security force units when credible information exists that implicates that unit in the commission of gross human rights violations.
The Foreign Assistance Act prohibits the allocation of financial assistance to any foreign government that “engages in a consistent pattern of gross violations of internationally recognized human rights.”
The Arms Export Control Act states that foreign nations that receive US military aid can only use the weapons for legitimate self-defense and internal security.
The War Crimes Act forbids breaches of the Geneva Conventions, which define the rules of warfare and prohibit the mistreatment of noncombatants and civilians, such as willful killings, torture or inhuman treatment, willfully causing great suffering or serious injury to body or health, and unlawful deportation or transfer. These are all methods routinely used by Israel to enforce its illegal occupation of Gaza, the West Bank and East Jerusalem.
When the details of Israel’s atrocities become public — and one day they will — the US will be harshly judged for not acting
Ray Hanania
And the Genocide Convention Implementation Act was enacted in 1987 and establishes genocide as a specific crime. It provides for criminal penalties for individuals who commit or incite others to commit genocide.
Each of these five laws give Biden the power to take action against Israel and end the ferocity of its military assault against Gaza and Lebanon.
What does Biden have to lose? The election is over. His party lost. The outgoing administration has eight weeks to make up for its grievous failure of the last 13 months and try to stop the killing of civilians.
Even if this action does not end the war or if Israel continues the carnage, at least it could help to restore a moral foundation to the administration’s legacy. Does it really want to be known as the administration that stood by as Israel killed more than 44,000 Palestinian civilians and thousands more Lebanese civilians?
But the White House is hostage to Netanyahu, who needs the genocide to continue in order to derail the three corruption cases against him. It was these charges that pushed Netanyahu to form a coalition with the most extremist elements in Israeli society and extend his time in power.
As a consequence, Netanyahu has no compelling reason to end the genocide and he will most likely continue the violence. He may even expand it to include Iran and any other regional nation that refuses to surrender to Israel’s hegemony.
When the details of Israel’s atrocities become public — and one day they will — the US will be harshly judged for not acting. Unless it acts now.
It is the right thing to do.
- Ray Hanania is an award-winning former Chicago City Hall political reporter and columnist. He can be reached on his personal website at www.Hanania.com. X: @RayHanania