WASHINGTON (Reuters) — The Trump administration has rescinded a Biden-era order aimed at Israel that required the government to report potential violations of international law involving US-supplied weapons by allies, two US officials and a source familiar with the decision said on Monday.
The Washington Post, citing current and former officials, first reported the decision to scrap National Security Memorandum-20, which was signed by former US president Joe Biden in February 2024 amid criticism over Israel’s use of American bombs in its war in Gaza.
The memorandum, which had been advanced by progressive Democrats seeking restrictions on military aid to Israel, required the US government to produce reports for Congress on the use of American arms by other countries.
Countries were already required to commit to using the arms in line with international law, but the memo expanded that demand by mandating a written commitment. A requirement for the State Department to report to Congress on the matter was also new.
In May 2024, in a report required by the memorandum, the Biden administration said Israel may have breached international humanitarian law but that US officials were unable to identify specific instances of breaches that harmed civilians due to the chaos of war.
The Trump administration would have been required in the coming months to report to Congress its own assessment of Israel’s conduct.
Activists from the Palestinian Youth Movement at a protest in Times Square, New York City, January 1, 2025. (Luke Tress/Times of Israel)
The Washington Post cited an order issued by White House national security adviser Michael Waltz on February 21 repealing NSM-20. Reuters was not able to independently confirm the existence of the order, but two US officials and a source familiar with the move said they had been told the directive was revoked.
The State Department referred questions to the White House, which did not immediately respond to a request for comment.
US Senator Chris Van Hollen of Maryland, a key proponent of congressional oversight of US arms sales, said the decision to revoke the memo was “shameful.”
“It’s a disservice to our national security, to global human rights, and to our standing around the world,” Van Hollen said in a statement.
WASHINGTON, DC – NOVEMBER 19: U.S. Sen. Bernie Sanders (I-VT), joined by fellow senators U.S. Sen. Chris Van Hollen (D-MD), U.S. Sen. Jeff Merkley (D-OR) and U.S. Sen. Peter Welch (D-VT), listens to a question at a news conference on restricting arms sales to Israel at the U.S. Capitol on November 19, 2024 in Washington, DC. Sanders held the news conference to discuss Wednesday’s Senate floor vote on a Joint Resolutions of Disapproval (JRD) to block the sale of certain offensive arms to Israel. Kevin Dietsch/Getty Images/AFP (Photo by Kevin Dietsch / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)
“This move also undermines American taxpayers’ right to ensure the use of their dollars aligns with our laws and our national interest,” he added. “It’s another clear example of Trump’s blatant indifference to American values. This is not America first – it’s America in retreat.”
NSM-20 applied to all countries involved in armed conflict that receive US weapons, but sparked dissent among US officials over whether Israel’s assurances that it was using US-supplied weapons in accordance with international humanitarian law were credible or reliable.
After returning to office on January 20, President Donald Trump signed an executive order that called for a review of all national security memoranda issued under Biden.
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