Israel and Hamas 2023 Conflict In Brief:
November 30December 13, 2023 , 2023
Overview, U.S. Policy, and Options for
Jim Zanotti
Congress
Specialist in Middle
Specialist in Middle
Eastern Affairs Eastern Affairs
On October 7, 2023, the Palestinian Sunni Islamist group Hamas (a U.S.-designated foreign
On October 7, 2023, the Palestinian Sunni Islamist group Hamas (a U.S.-designated foreign
terrorist organization, or FTO) led surprise attacks against Israel from the Gaza Strip by land, sea,
terrorist organization, or FTO) led surprise attacks against Israel from the Gaza Strip by land, sea,
Jeremy M. Sharp
and air. The assault came on a Jewish holiday, 50 years after the Egypt-Syria surprise attack on
and air. The assault came on a Jewish holiday, 50 years after the Egypt-Syria surprise attack on
Specialist in Middle
Specialist in Middle
Israel that sparked the 1973 Yom Kippur War. The
Israel that sparked the 1973 Yom Kippur War. The
October 7 assault’sviolence, scope scope
, and lethality of the October 7
Eastern Affairs
assault and lethality
Eastern Affairs
against Israel have no precedent in the 16 years Hamas has controlled Gaza, and the nature of the
violence stunned Israelis. The apparent intelligence and operational failures in preventing the stunned Israelis. The apparent intelligence and operational failures in preventing the
assault have become a subject of analysis for Israeli and U.S. officials. Iran reportedly provides assault have become a subject of analysis for Israeli and U.S. officials. Iran reportedly provides
material support to Hamas, and according to U.S. officials may be complicit in a broad sense, but material support to Hamas, and according to U.S. officials may be complicit in a broad sense, but
President Joe Biden said in October “there is no evidence” that Iran helped plan the attack. President Joe Biden said in October “there is no evidence” that Iran helped plan the attack.
In response to the October 7 attacks, Israel’s cabinet formally declared war on Hamas. Israel has conducted aerial
In response to the October 7 attacks, Israel’s cabinet formally declared war on Hamas. Israel has conducted aerial
bombardment and ground operations in Gaza, and bombardment and ground operations in Gaza, and
also has halted electricity, food, and fuel supplies to Gaza from Israeli halted electricity, food, and fuel supplies to Gaza from Israeli
territory. Some life-sustaining goods are entering Gaza via Egypt, but U.S. and U.N. officials have sought to boost this aid. Israeli Prime Minister Benjamin Netanyahu has announced that Israel’s military objectives are “To destroy the military and governmental capabilities of Hamas and bring the hostages home.”
In October, Israel called for civilians in northern Gaza to move south. As of late November, the Israel Defense Forces (IDF) seems to control much of northern Gaza above ground, and is apparently preparing for major operations to confront key elements of Hamas’s military and political leadership in the group’s vast network of tunnels and in some areas of the south. The United Nations has stated that Gaza, with more than 1.8 million Gazans displaced (out of a population of approximately 2.1 million people) constitutes a major humanitarian crisis—having already faced dire economic and humanitarian conditions before the conflict. The Biden Administration has stated that Israel has the right and obligation to defend itself, and has resisted calls from other international actors for an indefinite cease-fire. However, U.S. leaders have reportedly warned Israeli counterparts that global outcry over civilian suffering could reach “a tipping point,” and have cautioned against Israeli military operations in southern Gaza unless and until Israel can demonstrate plans for protecting civilians there.
Reportedly, more than 1,200 Israelis and foreign nationals (including 35 U.S. citizens in Israel) and more than 15,000 Palestinians in Gaza have been killed as of November 29. Hamas and other groups also seized around 240 hostages on October 7. Via talks involving Qatar, Egypt, and the United States to address the hostage situation, Israel and Hamas agreed to a multi-day pause in fighting that began on November 24. During the pause, 97 hostages held in Gaza and 210 Palestinian prisoners held by Israel have been released as of November 29, and increased humanitarian supplies have come into Gaza. Hamas and others reportedly hold 140 or more persons, including six to eight Americans. territory. The United Nations has stated that the situation in Gaza, with more than 1.9 million Gazans displaced (out of a population of approximately 2.1 million people) constitutes a major humanitarian crisis—having already faced dire economic and humanitarian conditions before the conflict. Some goods are entering Gaza via Egypt, but U.S. and U.N. officials have sought to boost this aid.
Reportedly, more than 1,200 Israelis and foreign nationals (including 35 U.S. citizens in Israel) and more than 18,200 Palestinians in Gaza have been killed as of December 12. Hamas and other groups also seized around 240 hostages on October 7. Via talks involving Qatar, Egypt, and the United States to address the hostage situation, Israel and Hamas agreed to a multi-day pause in fighting in late November. During the pause, 110 hostages held in Gaza and 250 Palestinian prisoners held by Israel were released. Hamas and others reportedly hold more than 130 persons, including about eight Americans.
Israeli Prime Minister Benjamin Netanyahu initially announced that Israel’s military objectives were “To destroy the military and governmental capabilities of Hamas and bring the hostages home.” As of mid-December, the Israel Defense Forces (IDF) seems to control much of northern Gaza above ground, and has entered the southern Gaza city of Khan Yunis largely to target Hamas’s leadership. The group’s network of tunnels makes urban warfare more challenging. Israel may maintain the intensity of its ground operations into early 2024, and pursue the overall campaign for a “year or more.” The Biden Administration has stated that Israel has the right and obligation to defend itself, and has resisted calls from other international actors for an indefinite cease-fire. However, U.S. leaders may be seeking for ways to deescalate and eventually help end the conflict, and have reportedly urged Israel to be more precise in its targeting of Hamas to limit further civilian casualties, amid debate regarding how the prosecution of the conflict may affect long-term outcomes.
There are risks that the conflict could expand. For example, the Iran-backed Shia Islamist group Lebanese Hezbollah (another
There are risks that the conflict could expand. For example, the Iran-backed Shia Islamist group Lebanese Hezbollah (another
FTO) has exchanged fire with Israel and could create a second front at the Israel-Lebanon border. U.S. statements and FTO) has exchanged fire with Israel and could create a second front at the Israel-Lebanon border. U.S. statements and
actions, including expedited arms deliveries to Israel and the movement of major U.S. military assets, appear intended to actions, including expedited arms deliveries to Israel and the movement of major U.S. military assets, appear intended to
warn warn
Hezbollah or othersIran and its allies not to get involved. Additionally, amid violence and tensions not to get involved. U.S. officials have warned Iran of a strong response if groups Iran supports continue to target U.S. military positions in the region. Additionally, amid rising violence between Palestinians and Israelis in between Palestinians and Israelis in
the West Bank, President Biden has called for attacks by “extremist settlers” against Palestinians to stopthe West Bank, President Biden has called for attacks by “extremist settlers” against Palestinians to stop
, and the Department of State has announced a visa restriction policy aimed at those who undermine “peace, security, and stability” in the West Bank.
.
Israeli Prime Minister Netanyahu has said that Israel will have Prime Minister Netanyahu has said that Israel will have
overallindefinite security responsibility for Gaza security responsibility for Gaza
for an indefinite period after the conflict, while U.S. officials have said that a potentially transitional Israeli security presence should not prevent the West Bank-based Palestinian Authority (PA) from resuming governance responsibilities in Gazaafter the conflict, and opposes the West Bank-based Palestinian Authority (PA) returning to power there. U.S. officials have expressed support for a resumption of PA administration in Gaza after the PA undertakes certain reforms, and have said that any potentially transitional Israeli security presence should permit this eventual outcome, in connection with efforts , in connection with efforts
to move Israel and the Palestinians away from violence and toward a two-state solution. to move Israel and the Palestinians away from violence and toward a two-state solution.
In October 2023, President Biden asked Congress to appropriate more than $8 billion in U.S. security assistance for Israel,
In October 2023, President Biden asked Congress to appropriate more than $8 billion in U.S. security assistance for Israel,
and more than $9 billion in global humanitarian assistance amounts that could partly be allocated for Gaza, the West Bank, and more than $9 billion in global humanitarian assistance amounts that could partly be allocated for Gaza, the West Bank,
and Israel. Members of Congress have expressed differing views on the request and its various elementsand Israel. Members of Congress have expressed differing views on the request and its various elements
. Congress also may weigh other legislative and oversight options, with the House passing H.R. 6126 and the Senate Appropriations Committee introducing S.Amdt. 1371 to H.R. 815. .
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Israel and Hamas 2023 Conflict In Brief: Overview, U.S. Policy, and Options for Congress
Contents
Conflict Overview ........................................................................................................................... 1
Background ............................................................................................................................... 1
Key Developments .................................................................................................................... 43
U.S. Policy ....................................................................................................................................... 65
Israeli Military Operations and Pauses ...................................................................................... 65
Potential Post-Conflict Scenarios .............................................................................................. 6
U.S. Military Deployments ....................................................................................................... 87
U.S. Military Response to Iranian-Supported Groups .............................................................. 87
U.S. Expedited Arms Deliveries to Israel ................................................................................. 98
Humanitarian Assistance for Palestinians ................................................................................. 9
President’s Budget Request to Congress and Proposed Legislation Supplemental Appropriations Legislation ........................................................... 10...................... 9
Possible Options for Congress........................................................................................................ 11 10
Additional U.S. Assistance for Israel and Possible Conditions ................................................ 11
Humanitarian Assistance for Palestinians and Israel ................................................................ 11
Monitoring U.S. Security Assistance for Human Rights Purposes .......................................... 11 12
Figures
Figure 1. Israel and Gaza: Conflict Map ......................................................................................... 2
Contacts
Author Information ........................................................................................................................ 13
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Israel and Hamas 2023 Conflict In Brief: Overview, U.S. Policy, and Options for Congress
Conflict Overview
Background
On October 7, 2023, the Palestinian Sunni Islamist group Hamas (a U.S.-designated foreign On October 7, 2023, the Palestinian Sunni Islamist group Hamas (a U.S.-designated foreign
terrorist organization, or FTO) led a series of surprise attacks from the Gaza Strip by land, sea, terrorist organization, or FTO) led a series of surprise attacks from the Gaza Strip by land, sea,
and air against Israel (seeand air against Israel (see
Figure 1). Palestine Islamic Jihad (or PIJ, another FTO) claimed that its . Palestine Islamic Jihad (or PIJ, another FTO) claimed that its
forces also participated in the attacks, and other militants outside of Hamas and PIJ may also have forces also participated in the attacks, and other militants outside of Hamas and PIJ may also have
joined. The assault targeted Israeli military bases and civilian areas during the final Jewish high joined. The assault targeted Israeli military bases and civilian areas during the final Jewish high
holiday, just over 50 years after the Egypt-Syria surprise attack on Israel that sparked the 1973 holiday, just over 50 years after the Egypt-Syria surprise attack on Israel that sparked the 1973
Yom Kippur War (known in the Arab world as the October War). The October 7 attacks’ scope Yom Kippur War (known in the Arab world as the October War). The October 7 attacks’ scope
and lethality have no precedent in the 16 years Hamas has controlled Gaza. The nature of the and lethality have no precedent in the 16 years Hamas has controlled Gaza. The nature of the
violence stunned Israelis and many othersviolence stunned Israelis and many others
, and includes allegations of sexual violence.1 .1
The apparent intelligence and operational failures in preventing the assault or limiting its impact
The apparent intelligence and operational failures in preventing the assault or limiting its impact
have become a subject of have become a subject of
some debate in Israel and elsewhere. Some analysts have said that Israel debate in Israel and elsewhere. Some analysts have said that Israel
may have missed signals, over-relied on technological solutions, and/or misread Hamas’s may have missed signals, over-relied on technological solutions, and/or misread Hamas’s
intentions, among other factors.2intentions.2
Whether or not Iran had a role in the attack remains a question. Iran reportedly provides material support to Hamas, and Iran reportedly provides material support to Hamas, and
according to U.S. officials may be complicit in a broad sense, but President Joe Biden said in according to U.S. officials may be complicit in a broad sense, but President Joe Biden said in
October “there is no evidence” that Iran helped plan the attack.3 October “there is no evidence” that Iran helped plan the attack.3
In response to the attacks, Israel’s cabinet formally declared war on Hamas, and Prime Minister
In response to the attacks, Israel’s cabinet formally declared war on Hamas, and Prime Minister
Benjamin Netanyahu formed an emergency unity government with Benjamin Netanyahu formed an emergency unity government with
some members of the oppositionone opposition party. Israel also halted supplies from Israeli territory to Gaza of electricity, food, and fuel. . Israel also halted supplies from Israeli territory to Gaza of electricity, food, and fuel.
Egypt, via consultations with U.S., Israeli, and U.N. officials, is coordinating the use of its Rafah Egypt, via consultations with U.S., Israeli, and U.N. officials, is coordinating the use of its Rafah
crossing with Gaza to bring international aid into the territory—in a way that seeks to prevent crossing with Gaza to bring international aid into the territory—in a way that seeks to prevent
diversion by Hamas—and to permit U.S. citizens and other foreign passport holders safe passage diversion by Hamas—and to permit U.S. citizens and other foreign passport holders safe passage
out.out.
Israel’s military has mobilized hundreds of thousands of troops, conducted air and artillery Israel’s military has mobilized hundreds of thousands of troops, conducted air and artillery
bombardments in Gaza, and bombardments in Gaza, and
encircled Gaza City through ground operations.undertaken ground operations in both northern and southern Gaza. Most Palestinians in Gaza have been displaced from their homes and face profound humanitarian challenges (discussed further below). At various points in the conflict, Hamas and other Hamas and other
Gaza-based militants have Gaza-based militants have
continued indiscriminate rocket fire into Israel.fired rockets indiscriminately into Israel. As of mid-December, the Israel Defense Forces (IDF) seems to control much of northern Gaza above ground, and has reportedly entered Khan Yunis in southern Gaza, as it continues major operations to target Hamas’s top leaders—including in the group’s vast network of tunnels.4 Reportedly as of December 12 Reportedly as of November 29, more than 1,200 Israelis and foreign nationals (including 35 U.S. citizens in Israel) , more than 1,200 Israelis and foreign nationals (including 35 U.S. citizens in Israel)
and more than 15,000 Palestinians in Gaza had been killed.4 and more than
1 Israeli Ministry of Foreign Affairs, “President Herzog reveals Hamas ‘Captive Taking Handbook’ in CNN interview,”
1 Israeli Ministry of Foreign Affairs, “President Herzog reveals Hamas ‘Captive Taking Handbook’ in CNN interview,”
October 15, 2023October 15, 2023
.
2 Center for Strategic and International Studies, “Experts React: Assessing the Israeli Intelligence and Potential Policy Failure,” October 25, 2023; Ronen Bergman et al., “How Years of Israeli Failures on Hamas Led to a Devastating Attack,” New York Times, October 29; “Blinken calls sexual violence inflicted by Hamas ‘beyond anything I’ve seen,’” CNN, December 10, 2023.
2 Ronen Bergman and Adam Goldman, “Israel Knew Hamas’s Attack Plan More Than a Year Ago,” New York Times, November 30, 2023; Center for Strategic and International Studies, “Experts React: Assessing the Israeli Intelligence and Potential Policy Failure,” October 25, 2023. , 2023.
3 Scott Pelley, “President Joe Biden: The 2023 60 Minutes interview transcript,” CBS News, October 15, 2023; White
3 Scott Pelley, “President Joe Biden: The 2023 60 Minutes interview transcript,” CBS News, October 15, 2023; White
House, “Press Briefing by Press Secretary Karine Jean-Pierre and National Security Advisor Jake Sullivan,” October House, “Press Briefing by Press Secretary Karine Jean-Pierre and National Security Advisor Jake Sullivan,” October
10, 2023. For more information on Hamas, its possible reasons for the attacks, and Iranian material support for Hamas, 10, 2023. For more information on Hamas, its possible reasons for the attacks, and Iranian material support for Hamas,
see CRS Report R47754, see CRS Report R47754,
Israel and Hamas October 2023 Conflict: Frequently Asked Questions (FAQs), coordinated , coordinated
by Jim Zanotti, Jeremy M. Sharp, and Christopher M. Blanchard. by Jim Zanotti, Jeremy M. Sharp, and Christopher M. Blanchard.
4
4
United Nations Office for the Coordination of Humanitarian Affairs, “Hostilities in the Gaza Strip and Israel | Flash Update #54,” November 29, 2023; Department of State, “Secretary Antony J. Blinken at a Press Availability,” Tel Aviv, Israel, November 3, 2023. Palestinian casualty figures come from the Hamas-controlled government media office in Gaza. Additionally, Israel reported that the bodies of around 1,500 dead militants had been found as of October 10 in southern Israeli areas recaptured by its military. “Insight: Israel's most wanted: the three Hamas leaders in Gaza it aims to kill,” Reuters, December 1, 2023.
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Israel and Hamas 2023 Conflict In Brief: Overview, U.S. Policy, and Options for Congress
18,200 Palestinians in Gaza had been killed.5 The IDF’s treatment of detainees has received increasing international attention.6
Figure 1. Israel and Gaza: Conflict Map
Hamas and other groups reportedly seized around 240 Israeli and foreign national hostages on
Hamas and other groups reportedly seized around 240 Israeli and foreign national hostages on
October 7, including some Americans. Recovering hostages has been a major Israeli and U.S. October 7, including some Americans. Recovering hostages has been a major Israeli and U.S.
concernconcern
and complicating factor for Israel’s military campaign. Via talks involving Qatar, Egypt, . Via talks involving Qatar, Egypt,
and the United States to address the hostage situation, Israel and Hamas agreed to a multi-day and the United States to address the hostage situation, Israel and Hamas agreed to a multi-day
pause in fighting pause in fighting
that began on November 24in the final week of November. During the pause, . During the pause,
97110 hostages held in Gaza hostages held in Gaza
(including two U.S.-Israeli dual citizens) and (including two U.S.-Israeli dual citizens) and
210 250 Palestinian prisoners held by Israel Palestinian prisoners held by Israel
have been released as of November 29,5were released,7 and increased humanitarian supplies and increased humanitarian supplies
have comecame into Gaza from into Gaza from
Egypt. Hamas and other groups reportedly still hold Egypt. Hamas and other groups reportedly still hold
140 or moremore than 130 persons in Gaza,
5 United Nations Office for the Coordination of Humanitarian Affairs (UN-OCHA), “Hostilities in the Gaza Strip and Israel | Flash Update #67,” December 12, 2023; Department of State, “Secretary Antony J. Blinken at a Press Availability,” Tel Aviv, Israel, November 3, 2023. Palestinian casualty figures come from the Hamas-controlled health ministry in Gaza. Additionally, Israel reported that the bodies of around 1,500 dead militants had been found as of October 10 in southern Israeli areas recaptured by its military. More than 100 Israeli soldiers have been killed since Israel’s military began ground operations in Gaza. 6 Shayndi Raice and Carrie Keller-Lynn, “Israel Detains Hundreds of Palestinian Men,” Wall Street Journal, December 10, 2023.
7 Erin Banco, “Gaza hostage talks hit roadblock, raising fears of prolonged captivity” Politico, December 7, 2023. Four hostages (including two Americans) were released before the late November pause.
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Israel and Hamas 2023 Conflict In Brief: Overview, U.S. Policy, and Options for Congress
including about eight Americans.8 As of mid-December, questions surround if and when serious negotiations might resume for more hostage-prisoner exchanges that could pause the fighting. Hamas leaders may demand that Israel fully cease hostilities and release the approximately 7,000 Palestinian prisoners in its custody.9
More than 1.9 million Gazans (out of a population of approximately 2.1 million people10) are reportedly displaced from their homes as of December 12.11 In mid-October, the IDF “call[ed] for” the evacuation of civilians in northern Gaza “from their homes southwards for their own safety and protection,”12 and has reportedly prevented efforts by some Gazans to return to their homes in the north.13 Since the IDF moved into southern Gaza in early December, its strikes and calls for people to evacuate some areas have triggered additional displacement within the south, including from places that had been accommodating thousands of the people who had fled northern Gaza.14 Israeli aspirations of designating “safe areas” have been met with criticism from U.N. officials, with one arguing that the pace of Israeli operations in southern Gaza has made no place safe for civilians, thus leaving any humanitarian plan to protect and aid them “in tatters.”15
Observers debate how to apportion blame between Israel and Hamas for dangers to civilians and persons in Gaza, including six to eight Americans.6 Negotiations reportedly continue toward extending this pause or starting new ones in connection with more hostage-prisoner exchanges.
More than 1.8 million Gazans (out of a population of approximately 2.1 million people7) are reportedly displaced from their homes as of November 29.8 Since mid-October, the Israel Defense Forces (IDF) has “call[ed] for” the evacuation of civilians in northern Gaza “from their homes
5 “Israel releases more Palestinian prisoners on sixth day of Gaza truce after Hamas frees 16 hostages,” Associated Press, November 29, 2023. Two other American hostages were released before the late November pause.
6 Ibid.; Barak Ravid, “Hamas frees 16 hostages, including American, amid talks to extend Gaza ceasefire,” Axios, November 29, 2023.
7 Figures for Gaza’s total population per Central Intelligence Agency World Factbook. 8 United Nations Office for the Coordination of Humanitarian Affairs, “Hostilities in the Gaza Strip and Israel | Flash Update #54,” November 29, 2023.
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Israel and Hamas 2023 Conflict In Brief: Overview, U.S. Policy, and Options for Congress
southwards for their own safety and protection,”9 and has reportedly prevented efforts by some Gazans to return to their homes in the north.10 As of late November, the IDF seems to control much of northern Gaza above ground, and is apparently preparing for major operations to confront key elements of Hamas’s military and political leadership in the group’s vast network of tunnels and in some areas of the south.11 Israel reportedly has sought to relocate many of Gaza’s internally displaced persons (IDPs) to makeshift camps in a relatively open part of southern Gaza, but U.N. officials have expressed opposition to the plan and skepticism about logistically addressing the humanitarian needs of Gaza’s IDPs in that manner.12
Observers debate how to apportion blame between Israel and Hamas for the worsening of already the worsening of already
dire humanitarian conditions in Gaza. While those faulting Israel argue that Israeli actions have dire humanitarian conditions in Gaza. While those faulting Israel argue that Israeli actions have
inflicted casualties and limited life-sustaining supplies, those blaming Hamas assert that Hamas inflicted casualties and limited life-sustaining supplies, those blaming Hamas assert that Hamas
personnel in Gaza and other militants reportedly contribute to making civilian areas and facilities personnel in Gaza and other militants reportedly contribute to making civilian areas and facilities
unsafe by operating in or near them. Amid international public debate about damage and casualty levels and Israel’s use of large weapons in densely populated areas, an IDF spokesperson has argued that Israel has to use “larger bombs with a higher yield” to degrade Gazan military infrastructure that is often located near or under civilian facilities.13 unsafe by operating in or near them.
U.S. and U.N. officials have sought to increase the provision of international assistance into Gaza
U.S. and U.N. officials have sought to increase the provision of international assistance into Gaza
via Egypt. U.N. via Egypt. U.N.
and World Health Organization officials have raised officials have raised
variousmany public health concerns associated with public health concerns associated with
fuelwater, food, and fuel and water shortages, overcrowding, shortages, overcrowding,
and poor sanitation. During the late poor sanitation, and challenges to hospitals’ safety and functionality. During the November pause in fighting, more shipments came in, with some reaching northern Gaza. With the resumption of hostilities, shipments have decreased, humanitarian access to the north has almost completely stopped, and intensified conflict in the south has largely obstructed aid distribution there.16
Key Developments Israel has formed an emergency unity government and “war management cabinet” that includes key opposition figure Benny Gantz (a former defense minister and chief IDF commander) alongside Prime Minister Netanyahu and Defense Minister Yoav Gallant.17 Netanyahu’s initial stated objectives were “To destroy the military and governmental capabilities of Hamas and bring
8 “Israeli defense chief resists pressure to halt Gaza offensive, says campaign will ‘take time,’” Associated Press, December 11, 2023; “‘This Week’ Transcript 12-3-23: White House NSC Coordinator for Strategic Communications John Kirby, Israeli Minister of Strategic Affairs Ron Dermer and Sen. James Lankford,” ABC News. Israel has said that 20 of the people held by Hamas are dead.
9 Rory Jones et al., “Hamas Leader Studied His Enemy,” Wall Street Journal, December 11, 2023. 10 Figures for Gaza’s total population per Central Intelligence Agency World Factbook. 11 UN-OCHANovember pause in fighting, Israel has allowed fuel shipments into Gaza and humanitarian convoys for the northern part of the territory, but these may decrease or end if the conflict resumes. Israeli officials have stated that their general opposition to fuel shipments stems from concerns that Hamas could divert the fuel for its military efforts. Some observers have pointed to evidence that Hamas has hoarded much of the fuel currently inside Gaza.14
Significant international attention has focused on the functionality and safety of hospitals in northern Gaza, with Israel and Hamas trading accusations regarding the possible endangerment of civilians by the other.15 President Biden expressed an expectation in mid-November that Israel would take “less intrusive action relative to hospitals,”16 after officials from the World Health Organization (WHO) and two other U.N. agencies—identifying “perilous” conditions for pediatric care and other services in many hospitals (including the Al Shifa hospital, Gaza’s largest)—called for “urgent international action” to end attacks on those facilities.17 U.S. officials
9 Israel Defense Forces, “IDF Announcement Sent to the Civilians of Gaza City,” October 13, 2023. 10 United Nations Office for the Coordination of Humanitarian Affairs, “Hostilities in the Gaza Strip and Israel | Flash , “Hostilities in the Gaza Strip and Israel | Flash
Update #Update #
54,” November 29, 2023.
11 David Ignatius, “In Gaza, the hard search for tomorrow,” Washington Post, November 19, 2023. 12 Paul Adams, “When this truce ends, the decisive next phase of war begins,” BBC News, November 24, 2023. 13 Lauren Leatherby, “Big Bombs in Urban Areas Raise Civilian Toll in Gaza,” New York Times, November 26, 2023. 14 Michelle Nichols, “Israel’s military tells UN in Gaza: ask Hamas for fuel,” Reuters, October 24, 2023; Matthew Rosenberg and Maria Abi-Habib, “As Gazans Scrounge for Food and Water, Hamas Sits on a Rich Trove of Supplies,” New York Times, October 27, 2023.
15 United Nations Office for the Coordination of Humanitarian Affairs67,” December 12, 2023. 12 Israel Defense Forces, “IDF Announcement Sent to the Civilians of Gaza City,” October 13, 2023. 13 UN-OCHA, “Hostilities in the Gaza Strip and Israel | Flash Update #54,” November 29, 2023. 14 Jared Malsin et al., “Israel's Grid Plan Faces Challenges,” Wall Street Journal, December 11, 2023. 15 UN-OCHA, “UN relief chief: ‘No place safe’ for civilians in southern Gaza,” December 7, 2023. 16 UN-OCHA, “Hostilities in the Gaza Strip and Israel | Flash , “Hostilities in the Gaza Strip and Israel | Flash
Update #Update #
38,” November 13, 2023.
16 Brett Samuels, “Biden: Hospitals ‘must be protected’ in Gaza as Israeli forces close in,” The Hill, November 13, 2023.
17 World Health Organization, “UNFPA, UNICEF and WHO Regional Directors call for immediate action to halt attacks on health care in Gaza,” November 1267,” December 12, 2023. 17 Barak Ravid, “Israel’s Netanyahu forms unity government with ex-Defense Minister Gantz,” Axios, October 11, 2023; and Jeremy Sharon, “Netanyahu, Gantz agree to form emergency unity government,” Times of Israel, October 11, 2023. , 2023.
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have said that they have intelligence indicating that Hamas used Al Shifa for military purposes,18 though debate on this subject has persisted.19 As of late November, some patients (including a number of infants) have been evacuated, but others remain.20 Some hospital services in northern Gaza have been restored amid WHO calls for that to happen. Five out of 24 hospitals there are partially functioning.21 Various countries are reportedly establishing or provisioning field hospitals in southern Gaza, northern Egypt, or on ships offshore.22
Key Developments
Israel has formed an emergency unity government and “war management cabinet” that includes key opposition figure Benny Gantz (a former defense minister and chief IDF commander) alongside Prime Minister Netanyahu and Defense Minister Yoav Gallant.23 Netanyahu’s two stated objectives are “To destroy the military and governmental capabilities of Hamas and bring the hostages home.”24 Israel’s decisions regarding the potential resumption of fighting in Gaza could depend partly on its calculations about how Netanyahu’s stated objectives affect one another, and how Israel might effectively target Hamas in southern Gaza while minimizing risks to civilians.
Israel has reportedly lost roughly 395 soldiers since October 7, with about 77 killed since its ground incursion began, and has claimed to have killed thousands of militants in Gaza. Hamas
and other Palestinian militants may rely on the tunnels, their knowledge of Gaza’s terrain, and urban warfare tactics to counter Israel’s conventional military superiority.the hostages home.”18 One report, citing people reportedly familiar with Israeli planning, has stated that the most intensive phase of the ground offensive will likely continue into early 2024, with the overall campaign set to last for a “year or more,” and timing driven by “operational progress on the ground, international pressure and opportunities to free Israeli hostages.”19
Since the October 7 attacks, Israel has exchanged fire with the Iran-backed Shia Islamist group
Since the October 7 attacks, Israel has exchanged fire with the Iran-backed Shia Islamist group
Lebanese Hezbollah (an FTO) and Palestinian militants across Israel’s northern border with (an FTO) and Palestinian militants across Israel’s northern border with
Lebanon. Israel has ordered the evacuation of more than 40 communities in northern Israel. If Lebanon. Israel has ordered the evacuation of more than 40 communities in northern Israel. If
these clashes escalate, Hezbollah’s arsenal of more than 100,000 missiles and rockets could pose these clashes escalate, Hezbollah’s arsenal of more than 100,000 missiles and rockets could pose
a grave threat to Israeli strategic sites and population centers.a grave threat to Israeli strategic sites and population centers.
25 Israel has also reportedly exchanged some cross-border fire with “pro-Hezbollah fighters” in southern Syria.2620
Officials from the
Officials from the
Palestinian Authority/Palestine Liberation Organization (PA/PLO), based , based
in the West Bank, appear to be in a difficult position. While they do not endorse Hamas, they in the West Bank, appear to be in a difficult position. While they do not endorse Hamas, they
18 White House, “On-the-Record Press Call by NSC Coordinator for Strategic Communications John Kirby and Deputy National Security Advisor for International Economics Mike Pyle to Preview President Biden’s Day Ahead at APEC,” November 16, 2023.
19 Dov Lieber and Omar Abdel-Baqui, “Israel Details Case Against Gaza Hospital,” Wall Street Journal, November 25, 2023.
20 WHO, “Joint UN mission transfers critical patients from Al-Shifa Hospital in Gaza, under intense fighting,” November 24, 2023.
21 United Nations Office for the Coordination of Humanitarian Affairs, “Hostilities in the Gaza Strip and Israel | Flash Update #54,” November 29, 2023; WHO, “WHO leads very high-risk joint humanitarian mission to Al-Shifa Hospital in Gaza,” November 18, 2023. 22 Baruch Yedid, “Arab countries setting up field hospitals for Gazans,” Jewish News Syndicate, November 13, 2023. 23 Barak Ravid, “Israel’s Netanyahu forms unity government with ex-Defense Minister Gantz,” Axios, October 11, 2023; and Jeremy Sharon, “Netanyahu, Gantz agree to form emergency unity government,” Times of Israel, October 11, 2023.
24 “Netanyahu says the Gaza war has entered a new stage and will be ‘long and difficult,’” Associated Press, October 28, 2023.
25 Adi Hashmonai, “Israel Plans to Evacuate Communities Close to Border with Lebanon, Many Refuse to Leave,” Haaretz, October 17, 2023.
26 “Israel strikes kill 8 Syria troops, hit Aleppo airport: defence ministry,” Agence France Presse, October 25, 2023.
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likely remain mindful of the sizable population of Palestinians who support confronting Israel27likely remain mindful of the sizable population of Palestinians who support confronting Israel21——
support that could be bolstered by the prisoner releases support that could be bolstered by the prisoner releases
that have occurredHamas secured in late November in late November
.28 and by reactions to civilian suffering.22 Amid rising tensions and violence between Palestinians and Israelis in the West Bank, President Amid rising tensions and violence between Palestinians and Israelis in the West Bank, President
Biden has called for attacks by “extremist settlers” against Biden has called for attacks by “extremist settlers” against
Palestinians to stop.23 On December 5, the Department of State announced a “a new visa restriction policy targeting individuals believed to have been involved in undermining peace, security, or stability in the West Bank.”24Palestinians to stop,29 and has written, “The United States is prepared to take our own steps, including issuing visa bans against extremists attacking civilians in the West Bank.”30
As civilian casualties have mounted in Gaza, some regional and international actors have grown
As civilian casualties have mounted in Gaza, some regional and international actors have grown
more publicly critical of Israeli and U.S. policy. more publicly critical of Israeli and U.S. policy.
Egypt, Saudi Arabia, Jordan, the United Arab
Emirates, and five additional Arab states jointly insisted on an immediate cease-fire in late October.31 In mid-November, Saudi Arabia hosted a “joint Arab Islamic” summit, where leaders In mid-November, Saudi Arabia hosted a “joint Arab Islamic” summit, where leaders
from the Gulf, Iran, Egypt, Jordan, Turkey, and Syriafrom the Gulf, Iran, Egypt, Jordan, Turkey, and Syria
called for an end to “Israeli aggression called for an end to “Israeli aggression
against Gaza,” more humanitarian aid, and a freeze on international arms exports to Israel.against Gaza,” more humanitarian aid, and a freeze on international arms exports to Israel.
32 25 Although popular sentiment in Arab states has placed pressure on their governments to publicly Although popular sentiment in Arab states has placed pressure on their governments to publicly
oppose Israeli actions in Gaza,oppose Israeli actions in Gaza,
3326 one former U.S. official has said that many Arab leaders have one former U.S. official has said that many Arab leaders have
told him that “Hamas must be destroyed in Gaza.”told him that “Hamas must be destroyed in Gaza.”
34 During the previous Israel-Hamas conflicts, which were of smaller scope and intensity, many Arab states also publicly distanced themselves from Israel, only to resume earlier interactions with Israel after the conflict.27
On November 15, the
On November 15, the
U.N. Security Council adopted Resolution 2712, which called for “urgent adopted Resolution 2712, which called for “urgent
and extended humanitarian pauses” and the “immediate and unconditional release of all hostages and extended humanitarian pauses” and the “immediate and unconditional release of all hostages
held by Hamas and other groups,” and urged all parties to refrain from depriving civilians in Gaza held by Hamas and other groups,” and urged all parties to refrain from depriving civilians in Gaza
of “basic services and humanitarian assistance indispensable to their survival.” The resolution of “basic services and humanitarian assistance indispensable to their survival.” The resolution
was adopted by a vote of 12 in favor, none against, with three abstentions (the United States, the United Kingdom, and Russia). U.S. Permanent Representative to the United Nations Linda Thomas-Greenfield stated that she could not vote yes on a text that did not condemn Hamas or reaffirm the rights of all Member States to protect their citizens from terrorist attacks.35
Some open questions include: What would constitute “victory” for Israel in Gaza? What does the future of Gaza look like? How will the conflict in Gaza affect the situation in the West Bank? What effect might (1) U.S. and international concerns regarding civilian suffering and casualties in Gaza and (2) domestic Israeli sentiment regarding the status of hostages have on the duration
27
18 “Netanyahu says the Gaza war has entered a new stage and will be ‘long and difficult,’” Associated Press, October 28, 2023.
19 Neri Zilber, “Israel plans for ‘long war’ and aims to kill top three Hamas leaders,” Financial Times, December 1, 2023.
20 Adi Hashmonai, “Israel Plans to Evacuate Communities Close to Border with Lebanon, Many Refuse to Leave,” Haaretz, October 17, 2023.
21 Mohammad al-Kassim, “PA President Mahmoud Abbas MIA as Hamas wages war against Israel,” Mohammad al-Kassim, “PA President Mahmoud Abbas MIA as Hamas wages war against Israel,”
Ynetnews, ,
October 10, 2023. October 10, 2023.
2822 Christina Goldbaum and Hiba Yazbek, “In West Bank, Trust in Hamas Only Deepens,” Christina Goldbaum and Hiba Yazbek, “In West Bank, Trust in Hamas Only Deepens,”
New York Times, November , November
30, 2023. 30, 2023.
29 White House, “Remarks by President Biden and Prime Minister Anthony Albanese of Australia in Joint Press Conference,” October 25, 2023.
3023 Joe Biden, “The U.S. won't back down from the challenge of Putin and Hamas,” Joe Biden, “The U.S. won't back down from the challenge of Putin and Hamas,”
Washington Post, November 19, , November 19,
2023. 2023.
31 Qatar Ministry of Foreign Affairs, “Qatar and a Number of Arab Countries Issue Joint Statement Following Cairo Peace Summit,” October 26, 2023.
3224 Department of State, “Announcement of Visa Restriction Policy to Promote Peace, Security, and Stability in the West Bank,” December 1, 2023.
25 “Arab-Islamic summit adopts resolution on Israeli aggression against the Palestinian people,” “Arab-Islamic summit adopts resolution on Israeli aggression against the Palestinian people,”
Arab News, November , November
12, 2023. 12, 2023.
3326 International Crisis Group, “The Gaza War Reverberates Across the Middle East,” November 4, 2023. International Crisis Group, “The Gaza War Reverberates Across the Middle East,” November 4, 2023.
3427 Dennis Ross, “I Might Have Once Favored a Cease-Fire with Hamas, but Not Now,” Dennis Ross, “I Might Have Once Favored a Cease-Fire with Hamas, but Not Now,”
New York Times, October 27, , October 27,
2023. See also “Many Arab governments would like to see Hamas gone,” 2023. See also “Many Arab governments would like to see Hamas gone,”
The Economist, November 16, 2023. , November 16, 2023.
35 United Nations, “Adopting Resolution 2712 (2023), Security Council Calls for ‘Urgent and Extended’ Humanitarian Pauses in Gaza, Immediate Release of Hostages,” November 15, 2023. Before the adoption of Resolution 2712, Russia proposed an amendment—which was not adopted—that would have called for an “immediate, durable and sustained humanitarian truce leading to a cessation of hostilities.” This verbiage had previously been adopted by the U.N. General Assembly on October 26 as part of its Resolution A/ES-10/L.25.
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was adopted by a vote of 12 in favor, none against (the United States, the United Kingdom, and Russia abstained). U.S. Permanent Representative to the United Nations Linda Thomas-Greenfield stated that she could not vote yes on a text that did not condemn Hamas or reaffirm the rights of all Member States to protect their citizens from terrorist attacks.28 On December 8, the United States vetoed a draft Security Council resolution that sought an “immediate humanitarian ceasefire.” (Thirteen countries voted in favor and the United Kingdom abstained.)29
Some open questions include: What would constitute “victory” for Israel in Gaza? What does the future of Gaza look like? What might be the longer-term ramifications for U.S. ? What might be the longer-term ramifications for U.S.
priorities such as Israel’s security, countering the reach of Iran and its allies, and avoiding major priorities such as Israel’s security, countering the reach of Iran and its allies, and avoiding major
war or humanitarian disaster? Under what circumstances and to what end might U.S.-backed war or humanitarian disaster? Under what circumstances and to what end might U.S.-backed
diplomacy resume between Israel, Palestinians, and Arab states? diplomacy resume between Israel, Palestinians, and Arab states?
U.S. Policy
Israeli Military Operations and Pauses
The U.S. government has stated its support for military operations by Israel to defend itself in line The U.S. government has stated its support for military operations by Israel to defend itself in line
with international law, including in Gaza. President Biden, Secretary of State with international law, including in Gaza. President Biden, Secretary of State
Antony Blinken, Secretary Blinken, Secretary
of Defense Lloyd Austin, and other Administration officials have visited Israel and other of Defense Lloyd Austin, and other Administration officials have visited Israel and other
countries in the region since the outbreak of conflict. U.S. officials have publicly countries in the region since the outbreak of conflict. U.S. officials have publicly
disagreed withopposed calls for an indefinite cease-fire, citing Israel’s right to defend itself. In a November 19 calls for an indefinite cease-fire, citing Israel’s right to defend itself. In a November 19
Washington Post op-ed column, President Biden wrote: op-ed column, President Biden wrote:
As long as Hamas clings to its ideology of destruction, a cease-fire is not peace. To
As long as Hamas clings to its ideology of destruction, a cease-fire is not peace. To
Hamas’s members, every cease-fire is time they exploit to rebuild their stockpile of rockets, Hamas’s members, every cease-fire is time they exploit to rebuild their stockpile of rockets,
reposition fighters and restart the killing by attacking innocents again. An outcome that reposition fighters and restart the killing by attacking innocents again. An outcome that
leaves Hamas in control of Gaza would once more perpetuate its hate and deny Palestinian leaves Hamas in control of Gaza would once more perpetuate its hate and deny Palestinian
civilians the chance to build something better for themselves.civilians the chance to build something better for themselves.
3630
Nevertheless, U.S. officials have voiced support for “humanitarian pauses,” and President Biden
Nevertheless, U.S. officials have voiced support for “humanitarian pauses,” and President Biden
reportedly personally worked with Israeli and Qatari counterparts to help secure the late November pause in personally worked with Israeli and Qatari counterparts to help secure the late November pause in
fighting and hostage-prisoner exchanges.fighting and hostage-prisoner exchanges.
3731
While President Biden appears to broadly support Israel’s stated objectives of ending Hamas rule
While President Biden appears to broadly support Israel’s stated objectives of ending Hamas rule
in Gaza, one former U.S. official has said that Biden is “looking for ways to de-escalate and in Gaza, one former U.S. official has said that Biden is “looking for ways to de-escalate and
eventually for an exit ramp.”eventually for an exit ramp.”
38 Should fighting resume, the Administration has reportedly urged Israel to be more “surgical” in its targeting of Hamas to limit further civilian casualties. One unnamed official has stated, “We don’t support Israel moving in the south unless or until they can demonstrate a plan that accounts for the additional civilian life that is now in South Gaza and how they’re going to try to protect that,” while also saying that U.S. efforts to date in encouraging Israelis to be more cautious and precise have “had some effect on their thinking and their execution.”39 Some U.S. officials have reportedly privately expressed to Israeli counterparts that they may have limited time before international uproar over civilian suffering and calls for a cease-fire reach “a tipping point.”40
Potential Post-Conflict Scenarios
In addition to reportedly advising Israel on how it conducts military operations, U.S. officials have engaged in diplomatic talks with Israel and other regional partners over the future
36 Biden, “The U.S. won't back down from the challenge of Putin and Hamas.” 3732 An Israeli media readout from an early December call between President Biden and Prime Minister Netanyahu suggested that after “3-4 more weeks” of operations in southern Gaza, U.S. officials expect the IDF approach to become “more focused and less intense.”33 In urging Israel to avoid civilian casualties, Secretary Austin has said that “protecting Palestinian civilians in Gaza is both a moral responsibility and a strategic
28 United Nations, “Adopting Resolution 2712 (2023), Security Council Calls for ‘Urgent and Extended’ Humanitarian Pauses in Gaza, Immediate Release of Hostages,” November 15, 2023.
29 UN News, “US vetoes resolution on Gaza which called for ‘immediate humanitarian ceasefire,’” December 8, 2023. 30 Biden, “The U.S. won't back down from the challenge of Putin and Hamas.” 31 Barak Ravid, “Inside Biden’s push for the Israel-Hamas hostage deal,” Axios, November 23, 2023. Barak Ravid, “Inside Biden’s push for the Israel-Hamas hostage deal,” Axios, November 23, 2023.
3832 Aaron David Miller, quoted in Peter Baker, “Challenge for Biden: What Comes Next,” Aaron David Miller, quoted in Peter Baker, “Challenge for Biden: What Comes Next,”
New York Times, November , November
27, 2023. 27, 2023.
39 “US officials urge Israel to be more precise and surgical in targeting of Hamas to limit civilian casualties,” CNN, November 28, 2023.
40 “US warns Israel amid Gaza carnage it doesn’t have long before support erodes,” CNN, November 3, 2023. See also “Top US general cautions over risks in a long Gaza war,” Reuters, November 9, 2023.
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governance of Gaza. In 33 “Report: Netanyahu told Biden Khan Younis operation to go on for 3-4 more weeks,” Times of Israel, December 10, 2023.
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imperative.”34 On December 10, Secretary Blinken cited a “gap” between Israel’s intent to protect civilians and the results.35 President Biden said on December 11, “We continue to provide military assistance to Israel … until they get rid of Hamas. But – but we have to be careful. They have to be careful,” and added “The whole world’s public opinion can shift overnight. We can’t let that happen.”36 The following day, he warned that Israel is starting to lose international support “by the indiscriminate bombing that takes place.”37
Potential Post-Conflict Scenarios U.S. officials have engaged in diplomatic talks with Israel and other regional partners over the future governance of post-war Gaza, with some differences emerging among these parties. In President Biden’s November 19 op-ed, he articulated the following principlesPresident Biden’s November 19 op-ed, he articulated the following principles for postwar Gaza: :
To start, Gaza must never again be used as a platform for terrorism. There must be no
To start, Gaza must never again be used as a platform for terrorism. There must be no
forcible displacement of Palestinians from Gaza, no reoccupation, no siege or blockade, forcible displacement of Palestinians from Gaza, no reoccupation, no siege or blockade,
and no reduction in territory…. As we strive for peace, Gaza and the West Bank should be and no reduction in territory…. As we strive for peace, Gaza and the West Bank should be
reunited under a single governance structure, ultimately under a revitalized Palestinian reunited under a single governance structure, ultimately under a revitalized Palestinian
Authority, as we all work toward a two-state solution…. The international community must Authority, as we all work toward a two-state solution…. The international community must
commit resources to support the people of Gaza in the immediate aftermath of this crisis, commit resources to support the people of Gaza in the immediate aftermath of this crisis,
including interim security measures, and establish a reconstruction mechanism to including interim security measures, and establish a reconstruction mechanism to
sustainably meet Gazasustainably meet Gaza
'’s long-term needs.s long-term needs.
4138
In October 31 congressional testimony, Secretary Blinken said that if turning Gaza over to the PA
In October 31 congressional testimony, Secretary Blinken said that if turning Gaza over to the PA
“in one step” cannot happen, “other, temporary arrangements” could involve other regional “in one step” cannot happen, “other, temporary arrangements” could involve other regional
countries and/or international agencies.countries and/or international agencies.
4239 Arab government leaders reportedly are resisting U.S. Arab government leaders reportedly are resisting U.S.
suggestions that they play a larger role—expressing that they believe Gaza to be “a problem suggestions that they play a larger role—expressing that they believe Gaza to be “a problem
largely of Israel’s own making.”largely of Israel’s own making.”
4340
While discussing potential post-conflict scenarios with Blinken in the West Bank on November 5,
While discussing potential post-conflict scenarios with Blinken in the West Bank on November 5,
PA President Mahmoud Abbas stated the PA’s willingness to “fully assume our responsibilities PA President Mahmoud Abbas stated the PA’s willingness to “fully assume our responsibilities
within the framework of a comprehensive political solution that includes all of the West Bank, within the framework of a comprehensive political solution that includes all of the West Bank,
including East Jerusalem, and the Gaza Stripincluding East Jerusalem, and the Gaza Strip
.”44 In ,”41 suggesting that he expects progress toward Palestinian statehood in conjunction with any move toward resuming PA governance in Gaza. In 2005, Israel withdrew its military presence 2005, Israel withdrew its military presence
from Gaza and ceded control to the PA. Two years later in 2007, the PA lost its hold on the from Gaza and ceded control to the PA. Two years later in 2007, the PA lost its hold on the
territory in an armed struggle with Hamas, which was founded in Gaza in the 1980s and has territory in an armed struggle with Hamas, which was founded in Gaza in the 1980s and has
maintained a considerable base of support there since. Some analysts have questioned whether the PA could (or would) assume control of Gaza as a result of Israeli military action: one has argued that being seen “as the agent of Israeli invasion and U.S. complicity—which is how most Palestinians would see it—might be close to suicidal.”45
Prime Minister Netanyahu has said, “I think Israel will, for an indefinite period will have the overall security responsibility because we’ve seen what happens when we don’t have it.”46 Netanyahu also has voiced skepticism about the PA’s ability to de-militarize and de-radicalize Gaza, calling for some other “reconstructed civilian authority.”47 Some Israelis, including opposition leader Yair Lapid, argue that the PA should return to Gaza,48 with some asserting that Netanyahu’s stance reflects ideological opposition to a two-state solution.49 Additionally, the resolution from the November “Arab Islamic” summit emphasized that the PLO (under whose umbrella the PA exists) is the sole legitimate representative of the Palestinian people, and that
41 Biden, “The U.S. won't back down from the challenge of Putin and Hamas.” 42maintained a considerable base of support there since.
Prime Minister Netanyahu has said, “I think Israel will, for an indefinite period will have the overall security responsibility because we’ve seen what happens when we don’t have it.”42 He has
34 Department of Defense, “‘A Time for American Leadership’: Remarks by Secretary of Defense Lloyd J. Austin III at the Reagan National Defense Forum (As Delivered),” December 2, 2023.
35 Department of State, “Secretary Antony J. Blinken with Martha Raddatz of ABC This Week,” December 10, 2023. 36 White House, “Remarks by President Biden at a Hanukkah Holiday Reception,” December 11, 2023. 37 White House, “Remarks by President Biden at a Campaign Reception,” December 12, 2023. 38 Biden, “The U.S. won't back down from the challenge of Putin and Hamas.” 39 Senate Appropriations Committee testimony available at https://www.cq.com/doc/congressionaltranscripts- Senate Appropriations Committee testimony available at https://www.cq.com/doc/congressionaltranscripts-
7867772?3. 7867772?3.
4340 Matthew Lee, “Arab leaders push for an Israel-Hamas cease-fire now,” November 4, 2023. Matthew Lee, “Arab leaders push for an Israel-Hamas cease-fire now,” November 4, 2023.
4441 “Receiving US State Secretary, President Abbas demands immediate end to Israel's aggression on Gaza,” WAFA “Receiving US State Secretary, President Abbas demands immediate end to Israel's aggression on Gaza,” WAFA
News Agency, November 5, 2023. News Agency, November 5, 2023.
45 Nathan J. Brown, “There Might Be No Day After in Gaza,” Carnegie Endowment for International Peace, November 3, 2023.
46 Alexandra Hutzler, “Netanyahu to ABC’s Muir: ‘No cease-fire’ without release of hostages,” ABC News, November 6, 2023.
47 Transcript, “State of the Union,” CNN, November 12, 2023. 48 Anat Peled et al., “Israel, U.S. Split on Gaza Plan,” Wall Street Journal, November 13, 2023. 49 Zvi Bar’el, “Netanyahu Refuses to Admit That the Palestinian Authority Is the Only Option for Governing Gaza,” Haaretz, November 13, 2023.
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Palestinian-inhabited territories “occupied since 1967” constitute a sole geographical unit.50 National Security Council spokesperson John Kirby has said that while IDF management of security is plausible for “at least some period of time” after the conflict, an IDF reoccupation of Gaza is not “a long-term governance solution.”51
Questions may persist about the credibility of any post-conflict outcome 42 Alexandra Hutzler, “Netanyahu to ABC’s Muir: ‘No cease-fire’ without release of hostages,” ABC News, November 6, 2023.
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argued that only the IDF (and not an international force) can demilitarize Gaza.43 Netanyahu also has said that he disagrees with U.S. officials about a post-conflict role for the PA,44 calling instead for some other “reconstructed civilian authority.”45
U.S. officials reportedly have acknowledged that the PA would need to “undertake major reforms, purging its aging leaderships, setting a timetable for elections and overhauling its security forces, in order to be able to step into Gaza.”46 One U.S. official has said that while IDF management of security is plausible for “at least some period of time” after the conflict, an IDF reoccupation of Gaza is not “a long-term governance solution.”47 On December 12, President Biden expressed an interest in persuading Netanyahu to help strengthen and change the PA and be open to a possible future Palestinian state, despite opposition to it within Netanyahu’s government.48
Questions may persist about the credibility of any post-conflict outcome and major reconstruction effort that does not provide that does not provide
some some
basic form of (1) order and security, (2) Palestinian autonomy (connected to aspirations for form of (1) order and security, (2) Palestinian autonomy (connected to aspirations for
statehood), statehood),
and (3) (3) and Israeli capacity to monitor and prevent the rise of Israeli capacity to monitor and prevent the rise of
new threats. Potential threats. Potential
tensions among these three points could intensify challenges that tensions among these three points could intensify challenges that
any actors taking responsibility actors taking responsibility
for Gaza would face. It is also unclear whether or not such an outcome can be credible without for Gaza would face. It is also unclear whether or not such an outcome can be credible without
some continuity in personnel who have run key civil services under Hamas rule. some continuity in personnel who have run key civil services under Hamas rule.
U.S. Military Deployments
Since October 7, President Biden has positioned additional U.S. military assets and personnel to Since October 7, President Biden has positioned additional U.S. military assets and personnel to
the Middle East in an apparent effort to bolster Israel’s defense, deter Iran and Iranian-supported the Middle East in an apparent effort to bolster Israel’s defense, deter Iran and Iranian-supported
groups from widening the war, support select Arab partners, and prepare for contingencies, such groups from widening the war, support select Arab partners, and prepare for contingencies, such
as an evacuation of U.S. citizens in Israel and Gaza. As of as an evacuation of U.S. citizens in Israel and Gaza. As of
late Novembermid-December, the USS, the USS
Gerald R.
Ford carrier strike group remains in the eastern Mediterranean. The USS carrier strike group remains in the eastern Mediterranean. The USS
Dwight D. Eisenhower carrier strike group is positioned in the Gulf of Omancarrier strike group is positioned in the Gulf of Oman
, and the USSand the USS
Bataan Amphibious Ready Amphibious Ready
Group (ARG) is positioned in the Red Sea.Group (ARG) is positioned in the Red Sea.
5249 The United States has also sent additional F-35, F- The United States has also sent additional F-35, F-
15, and F-16 fighter aircraft, and A-10 attack aircraft to the Middle East region along with a 15, and F-16 fighter aircraft, and A-10 attack aircraft to the Middle East region along with a
Terminal High-Altitude Area Defense (THAAD) missile defense system to Saudi Arabia, and Terminal High-Altitude Area Defense (THAAD) missile defense system to Saudi Arabia, and
Patriot air and missile systems to Kuwait, Jordan, Iraq, Qatar, and the United Arab Emirates. Patriot air and missile systems to Kuwait, Jordan, Iraq, Qatar, and the United Arab Emirates.
U.S. Military Response to Iranian-Supported Groups
Iran supports several proxy non-state actors across the Middle East, and armed groups in Iraq, Iran supports several proxy non-state actors across the Middle East, and armed groups in Iraq,
Syria, Lebanon, and Yemen have expressed support for the Hamas attacks. To date, attacks Syria, Lebanon, and Yemen have expressed support for the Hamas attacks. To date, attacks
against Israel have emanated from Lebanon, Syria, and Yemen, while Iran-supported groups in against Israel have emanated from Lebanon, Syria, and Yemen, while Iran-supported groups in
Iraq and Syria have repeatedly targeted U.S. forces stationed there. Since mid-October, there have Iraq and Syria have repeatedly targeted U.S. forces stationed there. Since mid-October, there have
been at least been at least
7384 attacks against U.S. forces stationed in Iraq and Syria. The United States has attacks against U.S. forces stationed in Iraq and Syria. The United States has
conducted at least conducted at least
foursix air strikes in retaliation. air strikes in retaliation.
5350 In the Red Sea, the U.S. Navy has intercepted
43 Israeli Prime Minister’s Office, “Statement by PM Netanyahu,” December 5, 2023. 44 David S. Cloud, “Israel’s Netanyahu Rejects U.S. Plan for Postwar Gaza,” Wall Street Journal, December 12, 2023. 45 Transcript, “State of the Union,” CNN In the Red Sea, the U.S. Navy has intercepted Houthi missiles and drones from Yemen heading toward Israel, thwarted Houthi hijackings of Israeli-linked commercial vessels, and taken fire from Houthi forces.54 The Houthis reportedly shot down a U.S. MQ-9 Reaper unmanned aerial vehicle.55
50 “Arab-Islamic summit adopts resolution on Israeli aggression against the Palestinian people,” Arab News, November , November
12, 2023. 12, 2023.
5146 Cloud, “Israel’s Netanyahu Rejects U.S. Plan for Postwar Gaza.” 47 White House, “Press Briefing by Press Secretary Karine Jean-Pierre and NSC Coordinator for Strategic White House, “Press Briefing by Press Secretary Karine Jean-Pierre and NSC Coordinator for Strategic
Communications John Kirby,” November 8, 2023. Communications John Kirby,” November 8, 2023.
5248 White House, “Remarks by President Biden at a Campaign Reception,” December 12, 2023. 49 “USNI News Fleet and Marine Tracker,” “USNI News Fleet and Marine Tracker,”
USNI News, November 20, 2023. , November 20, 2023.
5350 Haley Britzky and Oren Liebermann, “US forces came under attack 4 times in Iraq and Syria on Thanksgiving,” Haley Britzky and Oren Liebermann, “US forces came under attack 4 times in Iraq and Syria on Thanksgiving,”
CNN, November 24, 2023. CNN, November 24, 2023.
54 “US Navy seizes attackers who held Israel-linked tanker,” BBC News, November 27, 2023. 55 Eric Schmitt, “Houthi Rebels Shot Down a U.S. Drone Off Yemen’s Coast, Pentagon Says,” New York Times, November 8, 2023.
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U.S. Expedited Arms Deliveries to Israel
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Houthi missiles and drones from Yemen heading toward Israel, thwarted Houthi hijackings of Israeli-linked commercial vessels, and taken fire from Houthi forces.51 The Houthis reportedly shot down a U.S. MQ-9 Reaper unmanned aerial vehicle.52 On December 4, National Security Advisor Jake Sullivan said, “[W]e are in talks with other countries about a maritime task force of sorts involving the ships from partner nations alongside the United States in ensuring safe passage in the Red Sea.”53 The United States already leads anti-piracy Task Force 153 to patrol the Red Sea area. On December 9, the Houthis threatened to target all ships heading to Israel, regardless of their nationality, and warned all international shipping companies against dealings with Israeli ports.54 Some Members of Congress have called on the Biden Administration to redesignate the Houthis as a Foreign Terrorist Organization (FTO).55 According to one report, the Administration is reviewing whether to do so.56
U.S. Expedited Arms Deliveries to Israel Since October 7, the Biden Administration has expedited the provision of U.S. military and security assistance to Israel, including, as of early December, about 15,000 bombs and 57,000 artillery shells.57 Of the 15,000 bombs transferred to Israel, 5,400 were MK84 bombs, 5,000 were unguided MK82 bombs, 3,000 were joint direct attack munitions (JDAM) that convert unguided bombs into precision-guided munitions, 1,000 were GBU-39 small-diameter bombs, and 100 were BLU-109, 2,000-pound bunker-buster bombs.58
Emergency Arms Sale to Israel
On December 8, the Biden Administration notified Congress of a proposed sale to Israel of 120mm M830A1 High Explosive Anti-Tank Multi-Purpose with Tracer (MPAT) tank cartridges ($106.5 mil ion). The Administration said it was invoking emergency authorities codified in the Arms Export Control Act (22 U.S.C. 2776) that allow the President to waive congressional review of an arms sale if the President states in a formal notification to Congress that “an emergency exists” requiring an immediate sale “in the national security interests of the United States.”59 According to the New York Times, the tank rounds are part of a larger order from Israel of 45,000 rounds of ammunition ($500 mil ion) for Merkava tanks that is under informal review by the House Foreign Affairs and Senate Foreign Relations Committees.60 According to the Department of Defense, the tank cartridges wil be a “sale from U.S. Army inventory,” a possible reference to the U.S.-maintained stockpile in Israel, known as War Reserve Stocks for Allies-Israel (WRSA-I). The authorization of WRSA-I (Section 12001 of P.L. 108-287) states that “not later than 30 days before making a transfer under the authority of this section,” the President shall transmit a notification of the proposed transfer to the appropriate oversight committees. A proposed amendment
to this authorization in the Senate version of the supplemental appropriations bil for Israel (see below) would waive congressional notification of sales to Israel from WRSA-I, by replacing 30-day congressional notification with “or as far in advance of such transfer as is practicable as determined by the President on a case-by-case basis
51 “US Navy seizes attackers who held Israel-linked tanker,” BBC News, November 27, 2023. 52 Eric Schmitt, “Houthi Rebels Shot Down a U.S. Drone Off Yemen’s Coast, Pentagon Says,” New York Times, November 8, 2023.
53 White House, “Press briefing by Press Secretary Karine Jean-Pierre and National Security Advisor Jake Sullivan,” December 4, 2023.
54 “Yemen’s Houthis warn they will target all ships headed to Israel,” Reuters, December 9, 2023. 55 “Chairman McCaul Issues Statement on Houthi Threat,” House Foreign Affairs Committee, December 4, 2023. 56 Jennifer Jacobs, “US to Review Terrorist Label for Houthis After Ship Seized,” Bloomberg, November 21, 2023. 57 Jared Malsin and Nancy A. Youssef, “U.S. Provides Bunker-Buster Bombs to Israel --- A surge in arms includes 15,000 bombs and 57,000 artillery shells,” Wall Street Journal, December 2, 2023. 58 Ibid. 59 Defense Security Cooperation Agency, “Israel – M830a1 120mm Tank Cartridges,” December 9, 2023. 60 Edward Wong, “State Department Bypasses Congress to Approve Israel’s Order for Tank Ammunition,” New York Times, December 9, 2023.
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during extraordinary circumstances impacting the national security of the United States.” The House version of the supplemental appropriations bil would shorten congressional review to 15 days. Since 1973, the executive branch has invoked emergency arms sales authority for Israel once, in 1991.61
The United States has transferred interceptors to replenish Israel’s Iron Dome (a U.S.-supported short-range anti-rocket, anti-mortar, and anti-to replenish Israel’s Iron Dome (a U.S.-supported short-range anti-rocket, anti-mortar, and anti-
artillery system); (3) Joint Direct Attack Munitions (JDAMs - a kit that converts unguided armaments into satellite-guided bombs);56 (4) 155mm artillery shells.57artillery system) The Administration also is The Administration also is
to provide Israel with reportedly sending Israel two Iron Dome batteries previously purchased by the U.S. Army. According two Iron Dome batteries previously purchased by the U.S. Army. According
to one report, the United States also has shipped 2,000 Hellfire laser-guided missiles for Israel’s to one report, the United States also has shipped 2,000 Hellfire laser-guided missiles for Israel’s
Apache attack helicopters, along with 36,000 rounds of 30mm ammunition to be fired by the Apache attack helicopters, along with 36,000 rounds of 30mm ammunition to be fired by the
Apache’s cannon.58 The same report cites an Israeli request to the United States for: 57,000 155mm High Explosive artillery shells, 20,000 M4A1 rifles, 5,000 PVS-14 night vision devices, 3,000 M141 shoulder-fired bunker-buster munitions, 400 120mm mortars and 75 of the Army and Marine Corps’ Joint Light Tactical Vehicles.59 Apache’s cannon.62
Humanitarian Assistance for Palestinians
During President Biden’s October 18 visit to Israel, he announced $100 million in U.S. During President Biden’s October 18 visit to Israel, he announced $100 million in U.S.
humanitarian assistance for Gaza and the West Bank, to “help support over a million displaced humanitarian assistance for Gaza and the West Bank, to “help support over a million displaced
and conflict-affected people with clean water, food, hygiene support, medical care, and other and conflict-affected people with clean water, food, hygiene support, medical care, and other
essential needs” via “trusted partners including UN agencies and international NGOs.”essential needs” via “trusted partners including UN agencies and international NGOs.”
6063 According to the U.S. Agency for International Development (USAID), for FY2024, USAID’s According to the U.S. Agency for International Development (USAID), for FY2024, USAID’s
Bureau of Humanitarian Assistance Bureau of Humanitarian Assistance
(BHA) has so far committed $has so far committed $
21.9 million to the World Food Program. The43.3 million in assistance for Gaza and the West Bank, and the Department of State’s Bureau of Population, Refugees, and Migration Department of State’s Bureau of Population, Refugees, and Migration
(PRM) has so far committed $66 million tohas committed $66 million for the region via the United Nations Relief and Works Agency for Palestine the United Nations Relief and Works Agency for Palestine
Refugees in the Near East (UNRWA) and Refugees in the Near East (UNRWA) and
otheranother implementing implementing
partners.61partner.64
Some lawmakers have sponsored legislation or written letters calling for a halt to humanitarian
Some lawmakers have sponsored legislation or written letters calling for a halt to humanitarian
aid in Gaza and/or greater monitoring of whether or not any U.S. assistance to Gaza and the West aid in Gaza and/or greater monitoring of whether or not any U.S. assistance to Gaza and the West
Bank may previously have been diverted—or be at risk of future diversion—by Hamas or other Bank may previously have been diverted—or be at risk of future diversion—by Hamas or other
groups.groups.
6265 Other lawmakers have called for additional humanitarian aid for the Palestinians. Other lawmakers have called for additional humanitarian aid for the Palestinians.
63
56 “The US is moving quickly to boost Israel’s military. A look at what assistance it’s providing,” Associated Press, October 14, 2023.
57 Reportedly, the Administration has decided to redirect these shipments, which had been taken from the U.S. stockpile in Israel (WRSA-I) to provide to Ukraine, back to Israel for their use. See Barak Ravid, “Scoop: U.S. to send Israel artillery shells initially destined for Ukraine,” Axios, October 19, 2023.
5866
Supplemental Appropriations Legislation In an October 19 Oval Office speech, President Biden announced an emergency supplemental budget request to support U.S. partners, including Ukraine, Israel, and others, and address other domestic and global issues.67 In sum, the President seeks over $14 billion in Israel-related funding. On November 2, the House passed H.R. 6126, the Israel Security Supplemental Appropriations Act, 2024, (by a vote of 226-196). The bill would provide $14.3 billion in Israel-
61 President Determination No. 91-25 of March 21, 1991, 56 Fed. Reg. 13263 (April 1, 1991). 62 The report also noted that the U.S. Defense Department also has shipped 1,800 M141 bunker-buster munitions and at The report also noted that the U.S. Defense Department also has shipped 1,800 M141 bunker-buster munitions and at
least 3,500 night-vision devices to Israel. Tony Capaccio, “Pentagon Is Sending Israel Ammunition, Laser-Guided least 3,500 night-vision devices to Israel. Tony Capaccio, “Pentagon Is Sending Israel Ammunition, Laser-Guided
Missiles,” Bloomberg, November 15, 2023. Missiles,” Bloomberg, November 15, 2023.
59 Ibid. 6063 White House, “U.S. Announcement of Humanitarian Assistance to the Palestinian People,” October 18, 2023. White House, “U.S. Announcement of Humanitarian Assistance to the Palestinian People,” October 18, 2023.
6164 USAID, Levant Complex Emergency Fact Sheet # USAID, Levant Complex Emergency Fact Sheet #
1, November 142, December 7, 2023. , 2023.
6265 Text of October 24 letter from 24 Representatives to USAID Director Samantha Power available at Text of October 24 letter from 24 Representatives to USAID Director Samantha Power available at
https://www.documentcloud.org/documents/24080806-23-10-23-letter-to-usaid-re-gaza-west-bank-funding-copy. https://www.documentcloud.org/documents/24080806-23-10-23-letter-to-usaid-re-gaza-west-bank-funding-copy.
Lawmakers in both chambers have introduced bills during the 118th Congress that would prohibit any U.S. funding for Lawmakers in both chambers have introduced bills during the 118th Congress that would prohibit any U.S. funding for
Palestinians in Gaza absent a presidential certification that (among other things) the assistance would not benefit Palestinians in Gaza absent a presidential certification that (among other things) the assistance would not benefit
Hamas or other terrorist organizations or affiliates. Senate version: S. 489; House version: H.R. 5996. Hamas or other terrorist organizations or affiliates. Senate version: S. 489; House version: H.R. 5996.
6366 Text of November 8 letter from 26 Senators to President Biden available at Text of November 8 letter from 26 Senators to President Biden available at
https://www.vanhollen.senate.gov/imo/media/doc/letter_to_president_biden_on_gaza.pdf. https://www.vanhollen.senate.gov/imo/media/doc/letter_to_president_biden_on_gaza.pdf.
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President’s Budget Request to Congress and Proposed Legislation
In an October 19 Oval Office speech, President Biden announced an emergency supplemental budget request to support U.S. partners, including Ukraine, Israel, and Taiwan, and address other domestic and global issues.64 In sum, the President seeks over $14 billion in Israel-related funding, of which $8.7 billion would be for direct aid for Israel, including: (1) $4 billion in DOD funding for Iron Dome and David’s Sling defense systems; (2) $3.5 billion in Foreign Military Financing (FMF), all of which may be made available for Israel to spend in-country in local currency (known as off-shore procurement); and (3) $1.2 billion in DOD funding for the Iron Beam laser-based defense system being developed by Israel.
In addition, the President has requested $5.4 billion for DOD67 The request is available at https://www.whitehouse.gov/wp-content/uploads/2023/10/Letter-regarding-critical-national-security-funding-needs-for-FY-2024.pdf.
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related supplemental appropriations, but would offset the proposed additional appropriations for Israel by rescinding $14.3 billion for the Internal Revenue Service. The bill does not include appropriations for Ukraine or humanitarian assistance.
In early December, the Senate Appropriations Committee released its version of the supplemental bill in an amendment (S.Amdt. 1371) to H.R. 815. Like the House-passed bill and the President’s request, the Senate-introduced base bill would provide:
• $5.4 billion for the Department of Defense (DOD)’s response to the Israel-
’s response to the Israel-Hamas war Hamas war
in Gaza and related expenses, includingin Gaza and related expenses, including
: (1) (1)
$4.4 billion that could be transferred among several that could be transferred among several
defense appropriations accounts for various purposes (including the replenishment of U.S. defense appropriations accounts for various purposes (including the replenishment of U.S.
defense equipmentdefense equipment
,; reimbursement of DOD for defense services provided to Israel; expansion of reimbursement of DOD for defense services provided to Israel; expansion of
munitions production; and production of unspecified critical defense articles); (2) munitions production; and production of unspecified critical defense articles); (2)
$801.4 million for ammunition procurement; and (3) for ammunition procurement; and (3)
$198.6 million “to mitigate industrial base constraints” “to mitigate industrial base constraints”
through Defense Production Act purchases. through Defense Production Act purchases.
To allow for the obligation of requested funds for these intended purposes, the supplemental request also includes proposed provisions that would amend several existing laws. The request • $4 billion in DOD funding for Iron Dome and David’s Sling defense systems. • $3.5 billion in Foreign Military Financing (FMF), all of which may be made
available for Israel to spend in-country in local currency (known as off-shore procurement). The bill also would waive congressional notification for any FMF funds appropriated in the bill for Israel if the president determines that to do so is in the national security interest of the United States.
• $1.2 billion in DOD funding for the Iron Beam laser-based defense system being
developed by Israel.
In addition, and like the House bill and the President’s request, the Senate-introduced base bill also includes proposed provisions that would amend the Department of Defense Appropriations Act, 2005 (P.L. 108-287, §12001) to would amend the Department of Defense Appropriations Act, 2005 (P.L. 108-287, §12001) to
permit the transfer of previously prohibited categories of defense articles to the Government of permit the transfer of previously prohibited categories of defense articles to the Government of
Israel, and temporarily waive limitations on the total value of defense stockpiles located in Israel Israel, and temporarily waive limitations on the total value of defense stockpiles located in Israel
and set aside for Israel’s use per 22 U.S.C. §2321h(b). and set aside for Israel’s use per 22 U.S.C. §2321h(b).
The request also contains a provision that would authorize the Secretary of Defense to provide fewer than 30 days’ notice to Congress when transferring defense articles to Israel in extraordinary circumstances.
The request includesAs previously mentioned, H.R. 6126 would shorten the congressional review period for such transfers to 15 days; the Senate-introduced bill specifies that congressional review take place “as far in advance of such transfer as is practicable as determined by the President on a case-by-case basis during extraordinary circumstances impacting the national security of the United States.”
There are several differences between the House and Senate-introduced Israel-related supplemental appropriations bills. In addition to aid to Israel, the President also requested over over
$9 billion in funding via global humanitarian accounts that could be in funding via global humanitarian accounts that could be
partly allocated to address the needs of those affected by the crisis in Gaza and Israel (including partly allocated to address the needs of those affected by the crisis in Gaza and Israel (including
in neighboring countries): in neighboring countries):
$5.65 billion in International Disaster Assistance (IDA) and in International Disaster Assistance (IDA) and
$3.495
billion in Migration and Refugee in Migration and Refugee
Assistance (MRA). The House bill does not include these funds. The Senate-introduced bill would increase funding levels beyond the President’s request to a total of $10 billion ($5.65 billion in IDA and $4.34 billion in MRA).
The House bill mandates a reporting requirement describing all security assistance provided to Israel since the October 7 attacks; the Senate bill does not. The Senate bill includes $120 million in additional appropriations for other entities, including $75 million in International Narcotics Control and Law Enforcement (INCLE) funding for Jordan and Lebanon to enhance border security; $10 million in INCLE for programs administered by the U.S. Security Coordinator for Israel and the Palestinian Authority (USSC); $10 million in Peace Keeping Operations (PKO) for a U.S. contribution to the Multinational Force and Observers mission in Egypt’s Sinai Peninsula
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to enhance force protection capabilities; and $25 million in Economic Support Funds (ESF) for reconciliation programs in the Middle East, including between Israelis and Palestinians.
13 Senators Announce Amendment to Supplemental Appropriations Bill for Israel On December 7, 13 Senators published a “discussion draft” of an amendment to H.R. 815 that would (1) require
that the weapons received by any country under this bil are used in accordance with U.S. law, international humanitarian law, and the law of armed conflict; (2) require that, per existing law (Section 620i(a) of the Foreign Assistance Act), the President obtain assurances that any country receiving weapons via this bil cooperate ful y with U.S.-supported efforts to provide humanitarian assistance to those in need; and (3) require that the president report to the Congress within 30 days on whether each country receiving U.S. security assistance through this bil is, among other things, using U.S.-funded military equipment in accordance with their intended purposes.68
Possible Options for Congress
Additional U.S. Assistance for Israel and Possible Conditions Lawmakers may consider whether to increase, maintain, decrease, or condition existing U.S. support for Israel. Some (see text box above)Assistance (MRA).
On November 2, the House passed H.R. 6126, the Israel Security Supplemental Appropriations Act, 2024, (226-196). The bill would provide $14.3 billion in Israel-related supplemental appropriations for Israel. While the bill closely follows the President’s request for Israel, it adds, among other provisions, a reporting requirement describing all security assistance provided to Israel since the October 7 attacks; raises the cap on presidential drawdown authority (PDA) to $2.5 billion for FY2024; and requires a report to Congress on all uses of FY2024 PDA. The bill also would offset the proposed additional appropriations for Israel by rescinding $14.3 billion for the Internal Revenue Service. The bill does not include appropriations for Ukraine or humanitarian assistance.
Possible Options for Congress
Congress may consider an array of legislative or oversight options related to the ongoing conflict, amid rapidly evolving developments and broader regional and U.S. foreign policy considerations. Select options and considerations are discussed below, and some others (such as sanctions on Iran, Hamas, or related actors; or the authorization of U.S. military force) are discussed in CRS
64 The request is available at https://www.whitehouse.gov/wp-content/uploads/2023/10/Letter-regarding-critical-national-security-funding-needs-for-FY-2024.pdf.
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Report R47754, Israel and Hamas October 2023 Conflict: Frequently Asked Questions (FAQs), coordinated by Jim Zanotti, Jeremy M. Sharp, and Christopher M. Blanchard.
Additional U.S. Assistance for Israel and Possible Conditions
Lawmakers may consider whether to increase, maintain, or condition existing U.S. support for Israel. Relevant types of U.S. assistance may include (1) missile defense funding; (2) Foreign Military Financing (FMF); (3) Presidential Drawdown Authority (PDA); (4) War Reserve Stocks for Allies-Israel (WRSA-I); and (5) emergency arms sales.65 As the Senate considers one or more potential supplemental appropriations bills, some lawmakers have publicly signaled their support have publicly signaled their support
for specific legislative language that would potentially condition U.S. security assistancefor specific legislative language that would potentially condition U.S. security assistance
to Israel on Israel’s compliance with U.S. and/or international law and regard for civilian casualties.66 Other members have voiced opposition to efforts to “tie the hands of Israel” or condition assistance.67.69 Other Members have voiced opposition to efforts to “tie the hands of Israel” or condition assistance.70 One report suggests that some lawmakers object to the Administration’s proposed elimination of congressional reporting requirements on the use of FMF for Israel and that the Administration may have to accept more oversight.71
Humanitarian Assistance for Palestinians and Israel
As mentioned above, the President’s October supplemental budget request includes more than As mentioned above, the President’s October supplemental budget request includes more than
$9
billion in humanitarian assistance potentially usable for needs in and around Gaza, the West in humanitarian assistance potentially usable for needs in and around Gaza, the West
Bank, and Israel from the MRA and IDA accounts. In a separate October request, the President Bank, and Israel from the MRA and IDA accounts. In a separate October request, the President
asked for asked for
$1.05 billion in “Food for Peace” grants for global emergency food needs via the in “Food for Peace” grants for global emergency food needs via the
Department of Agriculture.Department of Agriculture.
68
72 Members of Congress are debating the scope and conditions under Members of Congress are debating the scope and conditions under
which which current or proposed humanitarian assistance should be appropriated or allocated. Some strongly support boosting humanitarian assistance should be appropriated or allocated. Some strongly support boosting
humanitarian aid for Palestinians and facilitating its provision,humanitarian aid for Palestinians and facilitating its provision,
6973 while others have expressed while others have expressed
concerns that Hamas or other militants could divert aid shipments for their own use.concerns that Hamas or other militants could divert aid shipments for their own use.
70
Monitoring U.S. Security Assistance for Human Rights Purposes
Since the start of the conflict, some people have criticized Israel for civilian casualties and accused it of possible misuse of U.S. defense equipment. In the early days of Israel’s military response, IDF spokesperson Rear Admiral Daniel Hagari noted that Israel’s air campaign emphasized damage and not accuracy.71 Regarding Israel’s obligation to comport with international legal standards, Deputy National Security Advisor Jon Finer asserted, “Israel is fighting an adversary that not only does not hold itself to these same standards; it openly boasts
65 For more information on the subject, see CRS Report RL33222, U.S. Foreign Aid to Israel, by Jeremy M. Sharp. 6674
68 Senator Chris Van Hollen, “Van Hollen, Durbin, Kaine, Schatz & Colleagues Announce Amendment Requiring that Use of U.S. Supplemental Aid Comply with U.S., International Law,” December 7, 2023.
69 For example, see Sarah Fortinsky, “Turner says ‘conditional aid’ to Israel ‘accurately’ reflects US policy,” For example, see Sarah Fortinsky, “Turner says ‘conditional aid’ to Israel ‘accurately’ reflects US policy,”
The Hill, ,
November 26, 2023; “Sen. Murphy open to placing conditions on aid to Israel, calls civilian death toll in Gaza November 26, 2023; “Sen. Murphy open to placing conditions on aid to Israel, calls civilian death toll in Gaza
‘unacceptable,’” CNN, November 26, 2023. ‘unacceptable,’” CNN, November 26, 2023.
6770 Senate Minority Leader, Senate Minority Leader,
Congressional Record, November 28, 2023; Adrian Adragna, “Senate Foreign Relations November 28, 2023; Adrian Adragna, “Senate Foreign Relations
chair does not support conditions on U.S. aid to Israel,” chair does not support conditions on U.S. aid to Israel,”
Politico, November 27, 2023. , November 27, 2023.
6871 Rachel Oswald, “Push to arm Israel reveals more Democrats urging conditions,” CQ News, December 4, 2023. 72 See https://www.whitehouse.gov/wp-content/uploads/2023/10/Summary-of-Funding-Request-to-Meet-Critical- See https://www.whitehouse.gov/wp-content/uploads/2023/10/Summary-of-Funding-Request-to-Meet-Critical-
Needs.pdf. Needs.pdf.
6973 See text of October 18 letter from 33 Senators to Secretary Blinken at See text of October 18 letter from 33 Senators to Secretary Blinken at
https://www.murphy.senate.gov/imo/media/doc/un_humanitarian_appeal.pdf; and text of October 20 letter from 130 https://www.murphy.senate.gov/imo/media/doc/un_humanitarian_appeal.pdf; and text of October 20 letter from 130
Representatives to President Biden at https://connolly.house.gov/uploadedfiles/letter_to_president_biden_on_israel.pdf. Representatives to President Biden at https://connolly.house.gov/uploadedfiles/letter_to_president_biden_on_israel.pdf.
7074 Jeff Stein and Jacob Bogage, “GOP targets Gaza’s biggest relief group, clashing with the White House,” Washington (continued...)
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Monitoring U.S. Security Assistance for Human Rights Purposes Since the IDF began its operations in Gaza, some critics have accused Israel of causing excessive civilian casualties and possible misuse of U.S. defense equipment.75 Biden Administration officials also have become more vocal in their call for Israeli attentiveness to civilian casualties (such as Secretary of Defense Austin, as mentioned above).76 Jeff Stein and Jacob Bogage, “GOP targets Gaza’s biggest relief group, clashing with the White House,” Washington
Post, November 11, 2023; Marc Rod, “Republicans signal concerns about aid to Palestinians, Ukraine in Israel funding request,” Jewish Insider, October 23, 2023.
71 “Is Israel acting within the laws of war?” The Economist, October 14, 2023.
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about flouting them… That does not diminish Israel’s obligations, but it is a facet of this conflict that makes the challenge extremely daunting.”72
In November 8 congressional testimony, Deputy Assistant Secretary of Defense Dana Stroul remarked that “in our conversations with the Israel Defense Forces, they have made very clear that they assess collateral damage estimates before they take strikes. They have legal reviews, through their chain of command, and when there are incidents of civilian harm, they investigate them after.”73 Regarding U.S. defense consultation with Israel on mitigating civilian harm, one Wall Street Journal report noted that U.S. officials have “pressed Israel to avoid targets that would endanger large numbers of civilians or that might raise objections for violating international law. Those conversations have yielded only mixed success, and Washington has communicated its frustration with the civilian death toll to the Israeli government.”74
Congress may debate end-use monitoring (EUM) requirements for U.S. defense articles in the
Congress may debate end-use monitoring (EUM) requirements for U.S. defense articles in the
context of the conflict. U.S. aid and arms sales—including to Israel—are subject to laws such as context of the conflict. U.S. aid and arms sales—including to Israel—are subject to laws such as
the Arms Export Control Act (AECA) and Foreign Assistance Act (FAA). The AECA requires the the Arms Export Control Act (AECA) and Foreign Assistance Act (FAA). The AECA requires the
Departments of State and Defense to conduct EUM to ensure that recipients of U.S. defense Departments of State and Defense to conduct EUM to ensure that recipients of U.S. defense
articles use such items solely for their intended purposes.articles use such items solely for their intended purposes.
7577 In addition, in February 2023, the In addition, in February 2023, the
Administration revised the U.S. Conventional Arms Transfer Policy, which states:Administration revised the U.S. Conventional Arms Transfer Policy, which states:
United States foreign policy and national security objectives are best advanced by
United States foreign policy and national security objectives are best advanced by
facilitating arms transfers to trusted actors who will use them responsibly and who share facilitating arms transfers to trusted actors who will use them responsibly and who share
United States interests. This policy recognizes that, when not employed responsibly, United States interests. This policy recognizes that, when not employed responsibly,
defense materiel can be used to violate human rights and international humanitarian law, defense materiel can be used to violate human rights and international humanitarian law,
increase the risk of civilian harm, and otherwise damage United States interests.increase the risk of civilian harm, and otherwise damage United States interests.
7678
In summer 2023, the Department of State announced the formation of the Civilian Harm Incident
In summer 2023, the Department of State announced the formation of the Civilian Harm Incident
Response Guidance (CHIRG), a process whereby U.S. officials will “investigate reports of Response Guidance (CHIRG), a process whereby U.S. officials will “investigate reports of
civilian harm by partner governments suspected of using U.S. weapons and recommend actions civilian harm by partner governments suspected of using U.S. weapons and recommend actions
that could include suspension of arms sales.”that could include suspension of arms sales.”
7779 According to According to
the Department of DefenseDOD, Civilian , Civilian
Harm Mitigation and Response Officers (CHMROs) are actively monitoring reports of civilian Harm Mitigation and Response Officers (CHMROs) are actively monitoring reports of civilian
casualties in Gaza.casualties in Gaza.
78
On November 15, Representative Ilhan Omar introduced H.J.Res. 102, a resolution of disapproval against the U.S. sale of SPICE Family Gliding Bomb Assemblies (a guidance kit for converting air-droppable unguided bombs into precision-guided bombs) to Israel.79 The resolution was referred to the Committee on Foreign Affairs.
72 Rachel Oswald, “US arms aid to Israel tests whether humanitarian law applies,” CQ News, November 20, 2023. 73 House Foreign Affairs Committee testimony available at https://plus.cq.com/doc/congressionaltranscripts-7877975?4.
74 Vivian Salama and Gordon Lubold, “Israel Tests Limits of Biden’s Support,” Wall Street Journal, November 20, 2023.
75
Subsequent media reports and reports by human rights groups have called into question the ability or willingness of the Administration to actively monitor Israel’s use of U.S.-supplied military equipment.80 According to Mira Resnick, the Deputy Assistant Secretary for Regional Security at the State Department’s Bureau of Political-Military Affairs, “This is an extremely challenging space where there is fog of war, where there are challenges to our ability to get proper information.”81
Post, November 11, 2023; Marc Rod, “Republicans signal concerns about aid to Palestinians, Ukraine in Israel funding request,” Jewish Insider, October 23, 2023.
75 See, for example, Brian Finucane, “Is Washington Responsible for What Israel Does with American Weapons?” Foreign Affairs, November 17, 2023.
76 U.S. Department of Defense, “’A Time for American Leadership': Remarks by Secretary of Defense Lloyd J. Austin III at the Reagan National Defense Forum (As Delivered),” Secretary of Defense Lloyd J. Austin III, December 2, 2023.
77 CRS In Focus IF11197, CRS In Focus IF11197,
U.S. Arms Sales and Human Rights: Legislative Basis and Frequently Asked Questions, by , by
Paul K. Kerr and Michael A. Weber; CRS Report R46814, Paul K. Kerr and Michael A. Weber; CRS Report R46814,
The U.S. Export Control System and the Export Control
Reform Act of 2018, by Paul K. Kerr and Christopher A. Casey. , by Paul K. Kerr and Christopher A. Casey.
7678 White House, Memorandum on United States Conventional Arms Transfer Policy, February 23, 2023. White House, Memorandum on United States Conventional Arms Transfer Policy, February 23, 2023.
7779 Missy Ryan, “Biden administration will track civilian deaths from U.S.-supplied arms,” Missy Ryan, “Biden administration will track civilian deaths from U.S.-supplied arms,”
Washington Post, September , September
13, 2023. 13, 2023.
78 Department of Defense, “Deputy Pentagon Press Secretary Ms. Sabrina Singh Holds a Press Briefing,” November 21, 2023.
79 For background information on these types of resolutions, see CRS Report RL31675, Arms Sales: Congressional
Review Process, by Paul K. Kerr80 For example, see Amnesty International, “Israel/OPT: US-made munitions killed 43 civilians in two documented Israeli air strikes in Gaza – new investigation,” December 5, 2023.
81 Missy Ryan, Michael Birnbaum, Abigail Hauslohner and John Hudson, “Biden’s arming of Israel faces backlash as Gaza’s civilian toll grows,” Washington Post, December 9, 2023. .
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Author Information
Jim Zanotti Jim Zanotti
Jeremy M. Sharp
Jeremy M. Sharp
Specialist in Middle Eastern Affairs
Specialist in Middle Eastern Affairs
Specialist in Middle Eastern Affairs
Specialist in Middle Eastern Affairs
Acknowledgments
Former Research Assistant Michael H. Memari, CRS Geospatial Information Systems Analyst Molly Cox,
Former Research Assistant Michael H. Memari, CRS Geospatial Information Systems Analyst Molly Cox,
and Visual Information Specialists Amber Wilhelm and Brion Long contributed to this report. and Visual Information Specialists Amber Wilhelm and Brion Long contributed to this report.
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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