Countries receiving weapons must abide by US standards, Biden says

National security memorandum comes after President called Israel's campaign in Gaza 'over the top'

Smoke fills the sky during Israeli bombardment of Khan Younis, in the south of the Gaza Strip. AFP

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President Joe Biden has issued a national security memorandum that requires countries receiving American weapons to abide by US standards.

For the first time, the administration will also be required to make annual reports to Congress on whether these requirements are being met.

The memorandum requires countries that receive US weapons to submit written assurances to the State Department that they will abide by the international laws of war and allow the entry of US humanitarian assistance.

"As a matter of policy, the United States always seeks to promote adherence to international law and encourages other states and partners to do the same," the memorandum said.

Issued on Thursday night, the memorandum comes amid growing calls from members of Mr Biden's own Democratic Party to ensure that Israel – a country that has received billions of dollars worth of US weapons – is adhering to international law in its months-long military campaign in Gaza.

Since October 7, about 28,000 Palestinians, the majority of the civilians, have been killed by Israeli strikes.

Entire neighbourhoods have been reduced to rubble, causing widespread concerns that international law is being breached.

Israel has also been carrying out strikes in Khan Younis and Rafah, cities in southern Gaza that the military forced more than one million Palestinian civilians to flee to, saying they would be safe.

Mr Biden, who has expressed firm support for Israel's right to defend itself against Hamas, has twice bypassed Congress to expedite weapons sales for Israel.

Displaced Palestinians find refuge in Gaza cemetery – video

On December 9, the Biden administration approved the sale of about 14,000 rounds of tank ammunition to Israel, worth more than $106 million, without congressional approval.

The President made a similar move on December 29, approving $147.5 million in sales of military equipment, again without input from Congress.

Democratic Senator from Maryland Chris Van Hollen had led a similar push to condition foreign aid on following international law. His proposed amendment won the support of 18 other senators.

"This is huge," he said in a thread on X, formerly Twitter. "It’s the first time ever that these types of transparency and accountability mechanisms will be enforced on US security assistance."

The US is Israel's top donor and nearly all aid to Israel last year – in excess of $3.8 billion – was for defence purposes.

But with the war dragging on and the Palestinian death toll continuing to mount, Mr Biden, who is running for re-election, is growing increasingly frustrated.

On Wednesday, Israel's Prime Minister Benjamin Netanyahu rejected a Hamas proposal for a ceasefire that would have paused fighting and enabled the release of dozens of hostages, and said he intends to launch a ground operation in Rafah.

The Biden administration said on Thursday it would not support a major military campaign in Rafah and Mr Biden levelled his strongest criticism at Israel since the war began, saying the actions of its military have been “over the top”.

Latest from the Israel-Gaza war – in pictures

The Israeli bombing of Khiam, a village near the southern Lebanese border with Israel. AFP

Members of the Ghannam family check the damage to their home after an Israeli air strike hit the Rafah refugee camp in the southern Gaza Strip. EPA

Mourners at Abu Yousef Al Najjar Hospital, in Rafah in the southern Gaza Strip. Reuters

A rescuer puts out a fire after a car was hit by an Israeli strike in Rafah in the southern Gaza Strip. Reuters

At Al Najjar Hospital in Rafah, Palestinians mourn after identifying the bodies of relatives killed in overnight Israeli bombardment on the southern Gaza Strip. AFP

Palestinian families take refuge at a school affiliated with the UN Relief and Works Agency for Palestine Refugees in the Daraj neighbourhood. Getty Images

Palestinian-Irish plastic surgeon Ahmed El Mokhallalati checks in on a Palestinian man wounded in an Israeli strike, at the European Hospital, in Khan Younis. Reuters

A Palestinian man carries a bag of flour, as displaced Palestinians, who fled their houses due to Israeli strikes, take shelter near the border with Egypt in Rafah. Reuters

Palestinian woman Amal Abu Hashesh, who escaped with her prosthetic leg after her house was hit by an Israeli strike, takes shelter in the European Hospital. Reuters

Palestinians gather around a Hamas police vehicle after it was struck by an Israeli air strike in Rafah. AP

Mother of hostage Amit Esther Buskila holds a poster of her daughter during a press conference in Paris with representatives of families of French hostages held by Hamas. Reuters

People dance as Israeli protesters gather to block the entry of humanitarian aid trucks to the Gaza Strip at the Kerem Shalom border crossing. AFP

Smoke billows during Israeli bombardment in Rafah. AFP

Palestinians move along Salah Al Din road after an Israeli air strike on Al Maghazi refugee camp. EPA

Displaced children sit on wooden pallets, as displaced Palestinians take shelter in a tent camp near the border with Egypt in Rafah. Reuters

An Israeli tank moves along the border with Gaza in southern Israel. Getty Images

Displaced Palestinians near the border with Egypt in Rafah in the southern Gaza Strip. Reuters

A man carried an injured Palestinian man to Al Aqsa Hospital after an Israeli air strike in Deir Al-Balah in southern Gaza. Bloomberg

A Palestinian woman reacts after an Israeli air strike in Deir Al-Balah. Bloomberg

Palestinians search the site of a destroyed residential building hit by an Israeli air strike in Deir Al-Balah. Bloomberg

A soldier visits the site of the Nova festival, with displayed photos of the people who were killed and kidnapped during the October 7 attack near the site. Reuters

A displaced Palestinian girl, who fled her house due to Israeli strikes, arranges plants on a grave in a cemetery where she shelters, amid the ongoing conflict between Israel and Hamas, in Rafah in the southern Gaza Strip. Reuters