Can’t Impeach-Prosecute Joe Biden for Illegally Continuing to Supply Bombs Dropped on Homes in Gaza

All Global Research articles can be read in 51 languages by activating the Translate Website button below the author’s name (only available in desktop version).

To receive Global Research’s Daily Newsletter (selected articles), click here.

Click the share button above to email/forward this article to your friends and colleagues. Follow us on Instagram and Twitter and subscribe to our Telegram Channel. Feel free to repost and share widely Global Research articles.

Global Research Fundraising: Stop the Pentagon’s Ides of March

***

Biden has been guilty of breaking a U.S. law against providing U.S. weapons to a nation using them against a civilian population as Israel has been doing openly for five months.  

“When the President of the United States becomes aware of the possibility of violations of the Arms Export Control Act (AECA), the law mandates specific actions:

Prompt Notification to Congress: The President is required to promptly notify Congress about the potential violations.”

Not only could U.S. President Biden have stopped Israel from continuously bombing the homes of a civilian population, reducing whole cities to rubble and murdering 32,000 of Israel’s captive, entrapped and illegally militarily occupied Palestinians in Gaza, but Biden was and is legally obligated by U.S. law to have done so by ending his constant replenishing of the bombs, missiles and shells Israel keeps raining down on the Palestinian population of Gaza that is mostly women and children.

When a U.S. President is aware of violations of the defensive use restriction on U.S. supplied weapons, U.S. law requires him to report violations of the use of U.S. weapons to Congress.

When the President is aware of even the possibility of violations of the AECA, the law requires a report to Congress on the potential violations. [1] 

October 25, 2023

Biden said he’s sure innocent people have been killed, and he said that’s the price of waging a war.[2]

A war? No! Israel slaughtering entrapped and imprisoned Palestinians cannot be called a war.

No nation can declare war against its own militarily captive population, because a nation is illegally responsible for the well-being of its militarily occupied populations.

“Israel has a right to defend itself, but can’t claim it when it comes to the people it oppresses [or] whose land it colonizes,” UN Special Rapporteur on the Occupied Palestinian Territories Francesca Albanese tweeted on April 8.[3]

UN officials have clearly stated hostilities between an illegally military occupied nation and its illegal militarily occupiers cannot be called a war! [3]

January 25, 2024

Time Magazine, reported that a federal court case filed against President Joe Biden and two U.S. cabinet officials for allegedly being complicit in Israel’s genocide against Gazans moved forward with a hearing on Friday.

The case, which names Biden, Secretary of State Antony Blinken, and Secretary of Defense Lloyd Austin as defendants, was filed by Palestinian human rights groups and individuals with help from the nonprofit Center for Constitutional Rights. Defense for Children International–Palestine v. Biden seeks to stop the U.S. from supporting Israel, which plaintiffs say has cost them the lives of family members, and will be heard in Oakland, Calif.       

After government attorneys argued the court has no standing to decide on what they say is a matter of foreign policy, the federal judge dismissed a lawsuit against Biden but implored his administration to reconsider its “unflagging support” for Israel’s war on Gaza. 

U.S. Judge Found ‘U.S. Foreign Policy of Genocidal Bombing and Starvation Crime Unprosecuteable for the principle of Separation of Executive and Judicial Branches of Government. [Intercept, Feb. 1, 2024] 

So U.S. Genocide As Foreign Policy is ‘Above the Law?’ 

Starving a militarily occupied population is a crime against humanity as stipulated in the UN adopted Nuremberg Principles of International Law first used to prosecute high officials of Nazi Germany,

February 8, 2024

Biden issues a superfluous memorandum as a ploy to silence criticism of his non-compliance with existing Arms Export Control Act giving Israel space and time to argue falsely of its compliance.

February 22, 2024

The national security memorandum, published on Feb. 8, states that prior to supplying U.S. weapons, a country must give the U.S. “credible and reliable written assurances” that it will use any such weapons in accordance with international humanitarian law.

The Biden administration gave Israel until mid-March to sign a letter, provided by the U.S. on Tuesday, that gives assurances it will abide by international law while using U.S. weapons and allow humanitarian aid into Gaza, three U.S. and Israeli officials told Axios, Feb. 22, 2024.[4] 

  • For over 5 months hundreds of trucks of food and water, many financially contributed to by American agencies, blocked entry by Isreal military.
  • Countries engaged in conflicts, like Israel, have 45 days from the day the memo was issued to provide the written assurances and have them certified by Secretary of State Tony Blinken. 45 days – Plenty of Time to Kill Thousands More The 
  • memo requires the administration to provide an annual report to Congress on whether countries are adhering to international law.

(Annual! That’s Once a Year – Kids Are Dying Every Day)

March 19, 2024

UN Special Rapporteur on the Right to Food, Michael Fakhri, said the United States is ‘complicit’ in the Gaza starvation.[5]

March 21, 2024

Oxfam and Human Rights Watch provide evidence of Israel’s violations of international humanitarian law in Gaza, undermining credibility of assurances for President Biden’s NSM-20 arms policy[6[

March 22, 2024

U.N. Secretary-General Antonio Guterres visited  the Rafah crossing on March 23. Receiving him, regional governor Mohamed Shousha said some 7,000 trucks were waiting in North Sinai to deliver aid to Gaza, Guterres spoke as follows.

“Here from this crossing, we see the heartbreak and heartlessness of it all. A long line of blocked relief trucks on one side of the gates, the long shadow of starvation on the other,”

Many UN and U.S. laws against allowing starvation

The Foreign Assistance Act, which governs U.S. foreign aid, prohibits U.S. security assistance  “when it is made known to the President that the government of such country prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assistance.” 

March 23, 2024

Democratic lawmakers warned the U.S. president that the Netanyahu government’s restriction on the delivery of humanitarian aid into Gaza makes Israel ‘ineligible to receive continued U.S. weapons. [Haaretz | Israel News] 

March 26, 2024

As indicated in the title of this article and short chronology, President Biden will for sure not be prosecuted for the facilitating the deaths by bombing and starvation of many tens of thousands of Israel’s captive and illegally militarily occupied Palestinians of Gaza.

No U.S. President was ever legally held to account for the crimes against humanity which he ordered or participated in as part of the very frequently inhumane and massively deadly ‘foreign policy’ of America. However Biden is already today prosecuted in the minds and hearts of the survivors of the U.S. – Israel Gaza genocide and millions, and in time billions, of good people across the globe who have learned, or will have learned, of the great anguish and cruel suffering of the Palestinians for which Biden is ultimately responsible.

Peoples historians will have added Joe Biden to Noam Chomsky’s  continually updated list of all the U.S. Presidents after FDR, who would have been “hanged if the Nuremberg laws were applied.”[7]

Since the end of the Second World War, U.S.A., American presidents and America have able to get away with so much mass murder, so many invasions, bombings of so many smaller nations., for the powerful and wide reach of U.S. media having put Americans up on a pedestal of having saved the world by defeating Adolph Hitler and his Nazis and thus earning the gratitude of all humanity. 

With the present U.S. debacle in Gaza, American exceptionality and presidential prestige has evaporated and the U.S. media’s invented story of America’s World War Two grand accomplishment has already taken a hit, and with the rise of media prowess of giant China and now equally giant India, the truth will out.

The president of America’s designated revolutionary enemy Venezuela, Nicolas Madura, has lowered the boom on America’s WWII lie and its present evil support of Israel at the same time.

“Modern Israel enjoys “the same encouragement, the same funding, and the same support” of the collective West like Adolf Hitler’s Nazi Germany before the World War II. The Western elites kept quiet because they were preparing Hitler for him to launch his military power against the Soviet Union, ultimately, Hitler was a construct, a monster created by the collective West. 

The criminal military apparatus of the State of Israel also has the same encouragement, the same funding, and the same support of the West,” [Venezuelan President Nicolas Maduro, who urged Jewish people who are still true to their roots to end the ongoing “massacre” of the Palestinians.][8]

Although Western media ignored Maduro’s disclosure of what has already been well documented in financial records of America’s major corporations, with the growing media power and rising influence of the enormously populated nations of China and India, the truth of the making of the Second World War will out, and will reduce the present stature of America and its chief executives.

There has arisen great hope, in some good part due to today’s Instant world-wide communication capability, that a new multi-polar world led by China and India will bring about humanity being released from five centuries of inhumane Western hegemony violently led during most of the present century by the United States of America.

*

Note to readers: Please click the share button above. Follow us on Instagram and Twitter and subscribe to our Telegram Channel. Feel free to repost and share widely Global Research articles.

Jay Janson is an archival research peoples historian activist, musician and writer; has lived and worked on all continents; articles on media published in China, Italy, UK, India, in Germany & Sweden Einartysken,and in the US by Dissident Voice; Global Research; Information Clearing House; Counter Currents; Minority Perspective, UK,and others; now resides in NYC; First effort was a series of articles on deadly cultural pollution endangering seven areas of life emanating from Western corporate owned commercial media published in Hong Kong’s Window Magazine 1993; Howard Zinn lent his name to various projects of his; Weekly column, South China Morning Post, 1986-87; reviews for Ta Kung Bao; article China Daily, 1989. Is coordinator of the Howard Zinn co-founded King Condemned US Wars International Awareness Campaign, and website historian of the Ramsey Clark co-founded Prosecute US Crimes Against Humanity Now Campaign, which contains a history of US crimes in 19 nations from 1945 thru 2012.

He is a regular contributor to Global Research.

Notes

1. The Arms Export Control Act of 1976 (Title II of Pub. L.

Tooltip Public Law (United States)

 94–329, 90 Stat. 729, enacted June 30, 1976, codified at 22 U.S.C. ch. 39) gives the President of the United States the authority to control the import and export of defense articles and defense services. The H.R. 13680 legislation was passed by the 94th Congressional session and enacted into law by the 38th President of the United States Gerald R. Ford on June 30, 1976.[1]

2. Biden says he’s worried about civilian deaths in Gaza but questions death toll stats

OCTOBER 25, 20236:42 PM ET NPR WNYC

HEARD ON ALL THINGS CONSIDERED

https://www.npr.org/2023/10/25/1208577490/biden-says-hes-worried-about-civilian-deaths-in-gaza-but-questions-death-toll-st

3.“Israel has a right to defend itself, but can’t claim it when it comes to the people it oppresses [or] whose land it colonizes,” UN Special Rapporteur on the Occupied Palestinian Territories Francesca Albanese, April 8. 

4. https://www.axios.com/2024/02/27/israel-sign-letter-international-law-weapons-us-aid U.S. wants Israeli written assurances on using U.S. weapons in Gaza by mid-March Axios Feb. 22, 2024                                                               

5. https://www.theguardian.com/world/2024/feb/27/un-israel-food-starvation-palestinians-war-crime-genocide

6. Israeli Assurances to Use US Arms Legally Are Not Credible

7. https://chomsky.info/1990____-2/

8. Nexus Newsfeed https://nexusnewsfeed.com/article/geopolitics/israel-has-the-same-western-support-as-hitler-maduro/

Featured image source


Comment on Global Research Articles on our Facebook page

Become a Member of Global Research


Articles by: Jay Janson

Disclaimer: The contents of this article are of sole responsibility of the author(s). The Centre for Research on Globalization will not be responsible for any inaccurate or incorrect statement in this article. The Centre of Research on Globalization grants permission to cross-post Global Research articles on community internet sites as long the source and copyright are acknowledged together with a hyperlink to the original Global Research article. For publication of Global Research articles in print or other forms including commercial internet sites, contact: [email protected]

www.globalresearch.ca contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available to our readers under the provisions of "fair use" in an effort to advance a better understanding of political, economic and social issues. The material on this site is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. If you wish to use copyrighted material for purposes other than "fair use" you must request permission from the copyright owner.

For media inquiries: [email protected]