[Congressional Record Volume 170, Number 145 (Wednesday, September 18, 2024)]
[Senate]
[Pages S6134-S6136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                 Israel

  Madam President, in a few weeks' time, we will mark the 1-year 
anniversary of the war in the Middle East. It has been almost 1 year 
since Hamas's horrific terrorist rampage on October 7, which killed 
1,200 innocent Israelis and took hundreds of hostages, including 
Americans. As I have said many times, Israel had an absolute right to 
defend itself and respond to the Hamas attack.
  But, tragically, Prime Minister Netanyahu's extremist government has 
not simply waged war against Hamas; it has waged all-out war against 
the Palestinian people. Israel has conducted this war with little 
regard for innocent civilians, bombing indiscriminately, and severely 
restricting the humanitarian relief operation needed by desperate 
people.
  After nearly 1 year of this carnage, out of a population of some 2.2 
million people, more than 41,000 Palestinians have been killed and 
nearly 95,000 injured, 60 percent of whom are women, children, or 
elderly people. Let me repeat--60 percent of whom are women, children, 
or elderly people.
  Netanyahu's policies have trampled on international law, made life 
unlivable in Gaza, and created one of the worst humanitarian disasters 
in modern history.
  We cannot continue to turn a blind eye to the scale of the suffering 
caused by this all-out war against the Palestinian people--136,000 
casualties, most of whom are civilians. The full toll is likely even 
higher, with thousands of bodies buried beneath the rubble.
  Madam President, 90 percent of Gazans--90 percent of the people in 
Gaza--have been displaced from their homes, 1.9 million people. Many 
families have been displaced again and again and again, forced to 
uproot their lives and pick their way across a war zone with their 
children and what little they can carry. These are poor people going 
from place to place amid bombing and total destruction. When these 
families find, finally, a safe place to seek refuge, perhaps setting up 
a tent in a so-called safe zone, they are often then forced to evacuate 
due to renewed Israeli bombing.
  Few of these people even have homes to ever return to. More than 60 
percent of Gaza's housing has been damaged or destroyed, including 
221,000 housing units that have been completely destroyed. Imagine--
imagine--going from place to place, knowing that you are never going to 
be able to return to your home.
  Today, as a result of the devastation of housing in Gaza, more than 1 
million people are homeless. I would ask my colleagues to try to think 
for a moment what it means to be carrying your children from place to 
place in the heat, without food, without water, knowing that your home 
that you came from has been destroyed. That is what is going on today.
  What we are witnessing now is not just the loss of human life, as 
severe and horrible as that is; Gaza's civilian infrastructure has been 
devastated, including water and sewage systems. Raw sewage runs through 
the streets, spreading disease. Clean water is still in short supply. 
Most of the roads in Gaza are impassable, torn up by bombing and 
bulldozers. There is virtually no electricity right now.
  But it is not just Gaza's infrastructure. The Netanyahu government 
has systematically--systematically--and I have talked to doctors about 
this--devastated the healthcare system in Gaza, knocking 19 hospitals 
out of service and killing more than 800 healthcare workers. So you 
have 95,000 people who have been injured, including a lot of children, 
and you have 19 hospitals that have been knocked out of service.
  The World Health Organization has recorded thousands of attacks on 
healthcare facilities. Not surprisingly, with the collapse of the 
healthcare system, under the strain, diseases like hepatitis, 
dysentery, polio, and other infections have taken hold.
  Gaza has 12 universities. Every single one of them has been bombed, 
as have hundreds of schools. Eighty-eight percent of all school 
buildings in Gaza have been damaged. Every university bombed, 88 
percent of all school buildings in Gaza have been damaged, and more 
than 500 people have been killed while sheltering in U.N. schools.
  There are many, many hundreds of thousands of children in Gaza. It is 
a young--the Palestinian population is by and large young, a lot of 
children. Virtually none of them have been in school since this war 
began.

  As horrific and unspeakable as all of this is, there is something 
even worse taking place in Gaza now; and that is, as a result of 
Israeli restrictions on humanitarian aid, people in Gaza are now 
starving to death.
  Leading experts from the U.N. and other aid organizations estimate 
that some 495,000 Palestinians--a quarter of the population--face 
starvation. These groups estimate that more than 50,000 children 
require treatment now for acute malnutrition and are at risk of 
starving to death--50,000 kids facing malnutrition.
  And I am not a doctor, but I know enough to tell you that will impact 
these children for the rest of their lives. That is what childhood 
malnutrition does.
  Malnourished women struggle to breastfeed their newborns. Formula is 
inaccessible; and even when available, it cannot be used without 
reliable sources of clean water.
  According to the U.N. and virtually every humanitarian organization 
functioning in Gaza, there is one primary reason for this starvation 
and suffering; and that is that Israel has severely restricted the 
amount of humanitarian aid, including food, water, and medical supplies 
that can reach the desperate people of Gaza. This is a clear violation 
of U.S. and international law--not just immoral, not just outrageous, 
but a clear violation of U.S. and international law.
  Every day--every single day--the bombardment continues--bombing and 
shelling carried out with U.S.-provided

[[Page S6135]]

weaponry, often financed in large part by American taxpayers--U.S. 
weapons financed by U.S. taxpayers.
  In the last year alone, Congress has voted to send more than $10 
billion in American taxpayer dollars to the extremist Israeli 
government to buy more of the bombs and more of the weapons to wage war 
against the Palestinian people.
  Enough is enough. U.S. complicity in this horrific war must end.
  With a group of colleagues, I will soon be introducing a number of 
joint resolutions of disapproval, which would block some $20 billion in 
new arms sales to Israel. Resolutions of disapproval are the only tool 
Congress has to block arms sales, which are inconsistent with 
established U.S. and international law. The Senate will vote on these 
measures.
  Let me outline briefly why it is critical that we prevent these sales 
from going forward. I have laid out the horrible reality of the 
situation in Gaza. But the sad truth is that much of this carnage has 
been carried out with U.S.-provided military equipment.
  Put simply, providing more offensive weapons to continue this 
disastrous war would be immoral. It would also be illegal.
  These sales directly contradict the stated purpose of the Foreign 
Assistance Act of 1961 and the Arms Export Control Act. These laws 
require that U.S. arms transfers to foreign countries must be 
consistent with internationally recognized human rights, advance U.S. 
foreign policy interests, and avoid U.S. complicity with any human 
rights violations. That is the purpose of these laws.
  During the August recess, the administration sent to Congress 
official notices for several sales to Israel that clearly do not meet 
these criteria. The arms sales total over $20 billion and include 
transfers of Joint Direct Attack Munitions, or JDAMs; 120-mm tank 
rounds; 120-mm high explosive mortar rounds; Medium Tactical Vehicles; 
and up to 50 new F-15 fighter aircraft, as well as upgrades for some of 
Israel's current F-15s.
  All of these systems have been used in Gaza, causing massive death 
and suffering to innocent men, women, and children.
  The JDAMs and 120-mm tank rounds, in particular, have been used 
indiscriminately and are responsible for a significant portion of the 
civilian casualties. Reliable human rights monitors have painstakingly 
documented numerous specific incidents involving these systems leading 
to unacceptable civilian death and harm. There is a mountain of 
documentary evidence regarding this.
  Hundreds of eyewitness testimonies, photographs, videos, and 
satellite imagery all underscore one simple point: These weapons are 
being used in violation of U.S. and international law.
  I have a list here of some of the most egregious incidents involving 
these systems. Tragically, the list is too long for me to read here on 
the floor.
  Madam President, I ask unanimous consent to have the list printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Regarding JDAMs, these incidents include but are not 
     limited to:
       On October 10, 2023, an Israeli strike with a U.S. JDAM in 
     Deir al-Balah killed 24, including 7 children.
       On October 10, 2023, an Israeli strike with a U.S. JDAM in 
     Deir al-Balah killed 19, including 12 children.
       On October 31, 2023, an Israeli strike with U.S. JDAMs in 
     Jabalia killed at least 126 civilians, including 69 children.
       On January 18, 2024, an Israeli strike with a U.S. JDAM in 
     al-Mawasi targeted a humanitarian facility.
       On March 27, 2024, an Israeli strike with a U.S. JDAM in 
     al-Habariyeh, Lebanon killed 7 healthcare workers.
       On July 13, 2024, an Israeli strike with a U.S. JDAM in al-
     Mawasi killed at least 90 Palestinians--at least half of whom 
     were women and children--and injured at least 300.
       Regarding the 120mm tank rounds, these incidents include 
     but are not limited to:
       On October 13, 2023, Israeli forces attacked several 
     journalists with 120mm tank ammunition in southern Lebanon, 
     killing Reuters' Issam Abdallah.
       On January 29, 2024, Israeli forces used U.S. 120mm tank 
     ammunition in Gaza City in an attack that killed six-year-old 
     Hind Rajab and two paramedics.
       On February 20, 2024, Israeli tanks fired upon a Medecins 
     Sans Frontieres guesthouse in Khan Younis, killing two people 
     and injuring six others
       On May 28, the Israeli military used 120mm tank rounds in 
     al-Mawasi in an attack that killed 23 people, including 12 
     children.

  Mr. SANDERS. Madam President, the administration's report pursuant to 
National Security Memorandum 20 concluded that ``it is reasonable to 
assess that defense articles . . . have been used by Israeli security 
forces since October 7 in instances inconsistent with its . . . 
[international humanitarian law] obligations or with established best 
practices for mitigating civilian harm.'' That is the administration.
  The report stated that ``high levels of civilian casualties, raise 
substantial questions as to whether the IDF is using [effective 
civilian harm mitigation] effectively in all cases.'' That is the 
administration.
  It is not just the civilian casualties and the violations of 
international human rights. Other provisions of U.S. law are also 
applicable. Section 6201 of the Foreign Assistance Act also states that 
``No assistance shall be furnished . . . to any country when it is made 
known to the President that the government of such country prohibits or 
otherwise restricts, directly or indirectly, the transport or delivery 
of United States humanitarian assistance.''
  The whole world has witnessed Israel's restriction of humanitarian 
aid. The U.N. and virtually every humanitarian group says that Israel's 
restrictive policies are the primary cause of the humanitarian 
catastrophe now taking place in Gaza. The administration says as much, 
admitting that ``Israel did not fully cooperate with United States 
government efforts and the United States government-supported 
international efforts to maximize humanitarian assistance flow to and 
distribution within Gaza.'' In fact, frankly, that severely understates 
the reality.
  No matter how people here in Washington may try to spin it, the 
simple fact is that we must end our complicity in Israel's illegal and 
indiscriminate military campaign, which has caused mass civilian death 
and suffering.
  The law also says that arms sales must advance U.S. foreign policy 
interests. If we are going to sell arms, they must advance U.S. foreign 
policy interests.
  These transfers, again, fall far short. These sales would reward 
Netanyahu's extremist government even as it flouts--openly flouts--U.S. 
policy goals at every turn and, in fact, drags the United States closer 
to a regional war.
  For months, the Biden administration has been trying to reach a 
cease-fire deal that would secure the release of the hostages and allow 
massive amounts of humanitarian aid to flow into Gaza. Every time a 
deal appears close, Netanyahu moves the goalposts, introducing new 
demands and torpedoing the deal. It is clear to me that Netanyahu is 
prolonging the war in order to cling to power and avoid prosecution at 
home for corruption. That is why hundreds of thousands of Israelis 
routinely take to the streets to protest his policies.
  But it is not just his sabotage of a cease-fire for hostage deal. 
Netanyahu has also overseen record settlement expansion in the West 
Bank and unleashed a wave of violence there that has killed nearly 700 
Palestinians, including 150 children killed over the last 11 months. 
Because so much focus is on Gaza, we are not paying attention to the 
disaster taking place in the West Bank.
  Americans have also been caught up in this bloodshed. On September 6, 
Israeli security forces shot a 26-year-old American recent college 
graduate in the head near an illegal settlement in the West Bank. In 
January, they shot and killed a 17-year-old American high school senior 
from Louisiana. In February, they shot and killed another 17-year old 
American from Florida. And in October of last year, they nearly killed 
a constituent of mine from Vermont, Dylan Collins, a journalist for 
Agence France-Press, with two tank rounds. Six journalists were wounded 
in that attack, which killed a Reuters journalist. The group was 
clearly marked as ``press.'' These are the same tank rounds the 
administration would provide to Israel in this sale.
  Needless to say, there has been no--zero--accountability for these 
deaths.

[[Page S6136]]

  And, of course, there has been no accountability for the repeated 
Israeli settler attacks, enabled by security forces, on Palestinian 
towns and villages; no meaningful response to the burning of 
Palestinian homes and businesses--nothing but silence in the face of a 
concerted rightwing Israeli effort to illegally annex the West Bank.
  Yet those are the Netanyahu extremist government policies that these 
sales would reward. I say that to my colleagues. All of this is going 
on; and should our response to Mr. Netanyahu say: Keep it up, here are 
more arms; here are more money?
  A government that has caused mass civilian deaths, flouted U.S. and 
international law, and that is actively undermining key U.S. policy 
goals in the region should not be receiving more financial aid from 
America and should not be receiving military weaponry from the United 
States.
  Passing a joint resolution to block these sales will make clear to 
the Netanyahu government that they cannot continue to ignore the U.S. 
Government's demands for an immediate cease-fire and the release of the 
hostages. It will put pressure on its extremist government to change 
Israel's military approach and avert a regional war. And it may--just 
may--begin to restore a shred of U.S. credibility abroad.
  Passing a joint resolution of disapproval is not only the right thing 
to do, it is not only the legal and appropriate thing to do, it is also 
what the American people want us to do. According to a June 5 poll from 
CBS News, 61 percent of Americans oppose sending weapons and supplies 
to Israel, including 77 percent of Democrats, 62 percent of 
Independents, and many Republicans as well. And that poll is consistent 
with earlier polls.
  This is not a new or radical idea. The United States routinely 
conditions military aid, arms sales, and security cooperation with 
every other country. This ain't new. We have done it over and over 
again. And we have done it many times before with Israel. It is not a 
new idea. It is only in recent years that the idea of leveraging aid to 
Israel to secure policy changes has become controversial.
  President Ronald Reagan, I say to my Republican colleagues, suspended 
the delivery of F-16 fighter jets to Israel over its raid on the Osirak 
reactor in Iraq; threatened to suspend military aid to end Israel's 
bombardment of Beirut; and again threatened to stop military aid to 
force an Israeli withdrawal from Lebanon in 1982. That was President 
Ronald Reagan. President Jimmy Carter similarly leveraged aid to change 
Israeli policies in Lebanon. In 1991, then-Secretary of State James 
Baker threatened to withhold $10 billion in loan guarantees unless 
Israel stopped settlement expansion.
  In other words, using arms sales and military aid as leverage is not 
a new idea. It has been done under Republican Presidents and Democratic 
Presidents.
  There is also recent precedent of Congress's acting to stop the 
indiscriminate bombing of civilians. In 2019, Congress passed a series 
of JRDs to block arms sales to Saudi Arabia over its bombing campaign 
in Yemen. At that point, the Saudi coalition was directly responsible 
for, roughly, 8,000 civilian deaths over 4 years, mostly from 
airstrikes. Israel has killed 41,000 in less than a year.
  Blocking these sales would also be in keeping with actions taken by 
the international community and some of our closest allies. So what I 
am suggesting here is not unique in the world. It has taken place all 
over the world, including with some of our closest allies. There has 
been widespread condemnation of Israel's conduct during this war from 
governments around the world, international institutions, and 
humanitarian organizations.
  The United Kingdom recently suspended 30 export licenses for a range 
of armaments after concluding there was an unacceptable risk they could 
be used in violation of international humanitarian law. Germany has not 
approved an offensive weapons transfer since March. Italy, Spain, 
Canada, Belgium, and the Netherlands have taken similar steps. United 
Nations bodies have called for an end to the arms shipments fueling the 
conflict.
  We cannot continue to ignore what the extremist Netanyahu government 
is doing in Gaza. We cannot continue to be complicit in this 
humanitarian disaster. The time is long overdue for the U.S. Senate to 
act, and we must act. I hope my colleagues will support this effort on 
the floor, and my office is ready to answer any questions that Senators 
may have.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Louisiana.