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Part 2: What Is the Impact of Military Aid to Israel?

From 2000 to 2009, the United States appropriated $24.1 billion in Foreign Military Financing (FMF) to Israel. [7]Sharp, ibid, p. 24.   With this taxpayer money, the United States licensed, paid for and delivered more than 670,903,390 weapons, rounds of ammunition and related equipment to Israel, valued at $18.866 billion, through three major weapons transfer programs during this same period.  (The remaining approximately $5.25 billion—or 22 percent of the total appropriation—was presumably spent by Israel on its own domestic weapons industry, a unique legislative exemption for Israel noted above.)  These three programs included: 

• Foreign Military Sales (FMS).  Through this program, the Defense Department contracted, financed and delivered to Israel more than 9,500 weapons, valued at more than $10 billion.

• Direct Commercial Sales (DCS).  Through this program, the State Department approved the licensing, financing, and delivery to Israel of more than 670 million weapons, valued at more than $8.5 billion.

• Excess Defense Articles (EDA).  Through this program, the Defense Department delivered more than 5,200 used weapons to Israel, valued at more than $42 million.  

During this 10-year period, the United States provided the Israeli military, at U.S. taxpayer expense, with nearly 500 different categories of weapons and related military equipment, ranging from the truly mundane—one used food steamer, valued at $2,100—to the most sophisticated and advanced U.S. weapons systems—93 F-16D fighter jets, valued at nearly $2.5 billion—and running the gamut of everything in between. [8] All values and quantities of U.S. weapons deliveries to Israel are taken from a comprehensive database maintained by the US Campaign to End the Israeli Occupation, available at: http://www.weaponstoisrael.org (Click red citation number to open this link.) Due to the quantity and scope of U.S. weapons deliveries to the Israeli military, it is highly unlikely that even the most routine Israeli military patrol could be accomplished without utilizing U.S. ammunition and guns, communications equipment and vehicles, making the United States complicit in and partly responsible for all of Israel's military actions and the human rights abuses it routinely commits against Palestinians in its 44-year military occupation of the West Bank, including East Jerusalem and the Gaza Strip.

Civilian Fatalities

Indeed, U.S. weapons to Israel have had a devastating impact upon Palestinians who live under Israeli military occupation.  During roughly the same period in which the United States provided more than 670 million weapons and related military equipment to Israel—September 29, 2000 to December 31, 2009—the Israeli military killed at least 2,969 Palestinians who took no part in hostilities in the West Bank, including East Jerusalem, and the Gaza Strip, according to the Israeli human rights organization B'Tselem, the Israeli Information Center for Human Rights in the Occupied Territories.  Among these fatalities were at least 1,128 Palestinian children less than 18 years of age. [9]The original data from B'Tselem is available at: http://www.btselem.org/statistics.  The US Campaign to End the Israeli Occupation has posted a detailed spreadsheet and statistical slide show of these Palestinian fatalities, which is available at: http://weaponstoisrael.org/article.php?id=2940. These statistics do not include Palestinians who were killed by Israel while participating in hostilities, nor do they include those Palestinians in whose cases B'Tselem was unable to determine whether or not they had been participating in hostilities when killed. (Click red citation number to open this link.)   These killings thereby systematically violated the most fundamental human right to life (Article 3, Universal Declaration of Human Rights).

These statistics do not include an estimated 1,191 Lebanese who, according to Lebanese authorities, were killed by the Israeli military during its July-August 2006 war against Lebanon.  A United Nations commission found that the war had a "devastating impact" on Lebanese civilians and that the Israeli military "did not give effective warning as required under international humanitarian law" to minimize civilian casualties. [10]"Report of the Commission of Inquiry on Lebanon pursuant to Human Rights Council resolution S-2/1," United Nations General Assembly, A/HRC/3, November 23, 2006, p. 3, available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/specialsession/A.HRC.3.2.pdf (Click red citation number to open this link.)   In addition, the statistics do not include 12 foreign nationals, including U.S. citizen Rachel Corrie, killed by the Israeli military in the Occupied Palestinian Territories since September 29, 2000; [11]Data from B'Tselem, available at: http://www.btselem.org/statistics (Click red citation number to open this link.) nor do they include the nine foreign nationals, including U.S. citizen Furkan Dogan, killed by the Israeli military in international waters on May 31, 2010 aboard an international flotilla of humanitarian ships attempting to break Israel's illegal siege of the Gaza Strip. [12] "Report of the international fact-finding mission to investigate violations of international law, including international humanitarian and human rights law, resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance," United Nations General Assembly, A/HRC/15/21, September 27, 2010, pp. 26-27, available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A.HRC.15.21_en.PDF (Click red citation number to open this link.)

In many instances, such as those detailed in the subsequent case studies, the linkage between Israel's violations of Palestinians' right to life and its reliance on U.S. weapons to commit these human rights violations is evident.  For example, on July 22, 2002, Israel deliberately dropped a one-ton bomb from a U.S.-provided F-16 fighter jet on a Gaza City apartment in an extrajudicial assassination of Hamas member Salah Shehadeh that also killed 14 Palestinian civilians, including eight children. [13]Yuval Yoaz, "State Commission to Examine Civilian Deaths in 2002 Shahade Assassination," Ha'aretz, September 18, 2007, available at: http://www.haaretz.com/print-edition/news/state-commission-to-examine-civilian-deaths-in-2002-shahade-assassination-1.229532 (Click red citation number to open this link.)   The Bush Administration deemed it a "heavy-handed action that is not consistent with dedication to peace in the Middle East" and a "deliberate attack against a building in which civilians were known to be located." [14]"Press Briefing by Ari Fleischer," July 23, 2002, archived at: http://www.presidency.ucsb.edu/ws/index.php?pid=62979#axzz1jAUUV75b (Click red citation number to open this link.)   This bombing prompted a class action lawsuit in U.S. federal courts on behalf of Palestinians killed or injured, against Avi Dichter, former director of Israel's General Security Service (GSS), for claims under the Alien Tort Statute (ATS) and Torture Victim Protection Act (TVPA). [15]For additional details about the case, see materials posted by the Center for Constitutional Rights at "Matar et. al. v. Dichter," available at: http://ccrjustice.org/ourcases/current-cases/matar-v.-dichter (Click red citation number to open this link.)   So far there has been no legal action against the U.S. manufacturers of the F-16 or the U.S. officials who authorized its purchase with U.S. tax dollars despite knowledge of Israel's pattern and practice of such violations.

Case Study #1: Tear Gas

Since 2000, the Israeli military has killed at least five Palestinians and gravely injured two U.S. citizens with tear gas.  On June 13, 2002, the Israeli military killed 62-year-old Khader 'Abd al-Fatah al-Gharbi in his East Jerusalem home after he inhaled tear gas from more than 20 grenades thrown into his house by soldiers.  On June 29, 2002, the Israeli military killed 14-year-old Muhammad Ahmad Mabareq a-Shtewi in the al-Far'a refugee camp.  After he collapsed from being hit in the chest with a rubber bullet, an Israeli soldier fired a tear gas canister that exploded near his face, killing him. [16]These two killings and their details were published by B'Tselem and reproduced in spreadsheet format under "Palestinian Fatalities," available at: http://weaponstoisrael.org/article.php?id=2940 (Click red citation number to open this link.)

Israel repeatedly has misused U.S.-supplied tear gas to break up Palestinian nonviolent protests.  Israeli soldiers often have fired high-velocity tear gas canisters directly and deliberately at protesters, in contravention of the weapon's operating manual, to gravely injure and kill both Palestinians and U.S. citizens.  The Abu Rahmah family, whose members have played central roles in organizing weekly nonviolent protests against Israel's expropriation of land for its illegal settlements and wall in the West Bank village of Bil'in, have paid a particularly devastating price as a result of Israel's misuse of tear gas.  Israeli soldiers killed 29-year-old Bassem Abu Rahmah on April 17, 2009, when he was hit in the chest with a high-velocity tear gas canister.  His sister, 36-year-old Jawaher, died of cardiac arrest on January 1, 2011, after inhaling tear gas fired into her village by Israeli soldiers the previous day. [17]Josh Ruebner, "Less Lethal? Ask the Abu Rahmah Family," Huffington Post, January 25, 2011, available at: http://www.huffingtonpost.com/josh-ruebner/less-lethal-ask-the-abu-r_b_813687.html (Click red citation number to open this link.)

On March 13, 2009, 37-year-old U.S. citizen Tristan Anderson was critically injured after an Israeli soldier shot him in the head with a high-velocity tear gas canister in the West Bank village of Ni'lin while he was observing a nonviolent Palestinian protest.  The tear gas canister made a large hole in his forehead, causing brain damage and leaving him largely paralyzed.  On May 31, 2010, 21-year-old U.S. citizen Emily Henochowicz was also struck in the face by a high-velocity tear gas canister fired by an Israeli soldier during a demonstration against Israel's attack on the Gaza Freedom Flotilla at the Qalandia checkpoint outside of Jerusalem. She lost her left eye as a result. [18]"A Pattern of Abuse against American Citizens," Institute for Middle East Understanding, June 28, 2011, available at: http://imeu.net/news/article0019196.shtml (Click red citation number to open this link.)

On December 9, 2011, an Israeli soldier fired a high-velocity tear gas canister from an armored vehicle directly at 28-year-old Mustafa Tamimi, of the West Bank village of Nabi Saleh.  The projectile hit him in the face and he died of his wounds the next day. [19]Robert Mackey, "After Fatal Shooting of Palestinian, Israeli Soldiers Defended Use of Force Online," New York Times, December 11, 2011, available at: http://thelede.blogs.nytimes.com/2011/12/11/after-fatal-shooting-of-palestinian-israeli-soldiers-defended-use-of-force-online/ (Click red citation number to open this link.)

In the cases of Bassem and Jawaher Abu Rahmah, Tristan Anderson, Emily Henochowicz and Mustafa Tamimi, there is evidence that the high-velocity tear gas canisters were supplied to the Israeli military by Combined Systems, Inc. (CSI) of Jamestown, PA. [20]Josh Ruebner, "Less Lethal? Ask the Abu Rahmah Family," Huffington Post, January 25, 2011, available at: http://www.huffingtonpost.com/josh-ruebner/less-lethal-ask-the-abu-r_b_813687.html and Adalah-NY, "More Deaths and Injuries from US Tear Gas in Palestine, around the Middle East, and Oakland," January 15, 2012, available at: http://adalahny.org/document/726/more-deaths-and-injuries-us-tear-gas-palestine-around-middle-east-and-oakland (Click red citation number to open this link.) From FY2000 to 2009, the State Department licensed—and U.S. taxpayers funded—the delivery of more than 595,000 tear gas canisters and other "riot control" equipment to the Israeli military, valued at more than $20.5 million. [21]Data taken from "Direct Commercial Sales," available at: http://weaponstoisrael.org/article.php?id=2757 (Click red citation number to open this link.)

In the Consolidated Appropriations Act, 2012 (P.L.112-74), a new provision in the Foreign Military Financing program stipulates that "not later than 90 days after enactment of this Act and 6 months thereafter, the Secretary of State shall submit a report to the Committees on Appropriations detailing any crowd control items, including tear gas, made available with appropriated funds or through export licenses to foreign security forces that the Secretary of State has credible information have repeatedly used excessive force to repress peaceful, lawful, and organized dissent."  In light of the cases cited above, the State Department is obligated to include in this report Israel's misuse of tear gas and other crowd control items to injure and kill civilians participating in nonviolent protests.

Case Study #2: House Demolitions

Israel commits numerous human rights abuses of Palestinians with specially-made bulldozers supplied by the Peoria, IL-based corporation Caterpillar.  These abuses include, but are not limited to:  the destruction of houses, private property and public infrastructure, the uprooting of crops, and the construction of Israel's illegal settlements and the West Bank Separation Wall, which was ruled to be illegal by the International Court of Justice in July 2004. [22]For more detailed descriptions and legal analysis of human rights abuses committed by Israel with Caterpillar bulldozers, see "Israel's Human Rights Violations Facilitated by the Use of CAT Bulldozers," available at: http://endtheoccupation.org/article.php?id=1178 (Click red citation number to open this link.)

Since 1967, Israel has destroyed an estimated 24,813 Palestinian homes in the occupied West Bank, including East Jerusalem, and the Gaza Strip. [23]Estimate by the Israeli Committee Against House Demolitions, available at: http://www.icahd.org/?page_id=76 (Click red citation number to open this link.)   In the course of these home demolitions, often carried out with specially-constructed Caterpillar bulldozers armored by the Israeli military to facilitate military operations, Israel has killed 21 unarmed Palestinians, including seven children.  Among those killed were:

• Eight members of the al-Sho'bi  family in Nablus, who were crushed to death when the Israeli military destroyed their home in April 2002 and failed to give them adequate time to evacuate beforehand;

• Jamal Fayed, a paralyzed man whose relatives informed Israeli soldiers that he was inside the house about to be demolished, who was crushed to death in April 2002 in the Jenin refugee camp in the West Bank; and

• Ibrahim Khalafallah, a man in his seventies unable to move without assistance, who was crushed to death in his home in the Khan Younis refugee camp, Gaza Strip, in June 2004.  

In addition to these fatalities, the Israeli military killed Rachel Corrie, a 23-year-old U.S. citizen from Olympia, WA, on March 16, 2003, with a Caterpillar D9 bulldozer as she nonviolently attempted to protect a Palestinian home from being demolished in Rafah, Gaza Strip. [24]These cases are drawn from Josh Ruebner, "US Government Complicity in the Supply of Caterpillar Bulldozers to Israel," in Asa Winstanley and Frank Barat (editors), Corporate Complicity in Israel's Occupation, Pluto Press, 2011, p. 141; "Israel's Human Rights Violations Facilitated by the Use of CAT Bulldozers," available at: http://endtheoccupation.org/downloads/cat_legal_memo[1].pdf; and Corrie et. al. v. Caterpillar, Civil Action No. CV-05192-FDB, (USDC Washington 2004), available at: http://ccrjustice.org/files/Corrie_AmendedComplaint.pdf (Click red citation number to open this link.)

Unlike the case of tear gas, the data for which is based on publicly available records, the total quantity and value of Caterpillar bulldozers transferred from the United States to Israel is not known, as neither the Defense Department nor State Department has an explicit category for bulldozers in their published reports.  The bulldozers may be categorized under "Other Commercial Vehicles" in the Foreign Military Sales program, which amounted to $87.9 million from FY2000 to 2009.  This figure would appear to be in line with a document submitted by Caterpillar in a U.S. federal court case, Corrie et. al. v. Caterpillar, Inc., which sought redress for people killed by Israel with Caterpillar bulldozers.  In this document, Caterpillar admitted that its transfers of bulldozers to Israel are approved by the Defense Security Cooperation Agency (an agency within the Department of Defense) and paid for by U.S. taxpayers through Foreign Military Financing.  In one such deal, U.S. taxpayers provided $32.6 million for Israel's purchase of 50 Caterpillar D9 bulldozers. [25]Winstanley and Barat, ibid., p. 140, citing a Caterpillar declaration available at: http://ccrjustice.org/files/Corrie_WeinbergDeclaration_10_05.pdf (Click red citation number to open this link.)

In October 2010, in the midst of a civil trial in Israeli court brought by the Corrie family against the Israeli military, Israel's Channel 2 news reported that Caterpillar had delayed the delivery of tens of D9 bulldozers—valued at $50 million—to the Israeli military.  The report speculated that this "sounds like an American military sanction."  Neither the Department of State nor Caterpillar confirmed or denied the report, and it remains unclear whether U.S. deliveries of bulldozers to the Israeli military have resumed. [26]Additional details are available at: http://endtheoccupation.org/article.php?id=2832 (Click red citation number to open this link.)

Case Study #3: White Phosphorous

During "Operation Cast Lead," Israel's December 2008—January 2009 air, land and sea attack on the blockaded Gaza Strip, which killed 1,419 Palestinians, 1,167 of whom were civilians (82.2 percent), and injured 5,300, [27]Palestinian Centre for Human Rights, "3 Years After Operation Cast Lead Justice has been Comprehensively Denied; PCHR Release 23 Narratives Documenting the Experience of Victims," December 27, 2011, available at: http://www.pchrgaza.org/portal/en/index.php?option=com_content&view=article&id=7979:3-years-after-operation-cast-lead-justice-has-been-comprehensively-denied-pchr-release-23-narratives-documenting-the-experience-of-victims-&catid=36:pchrpressreleases&Itemid=194 (Click red citation number to open this link.) the Israeli military fired white phosphorous artillery shells at at least five civilian targets, including a UN compound, two hospitals and a civilian home. [28]"Report of the UN Fact-Finding Mission on the Gaza Conflict," A/HRC/12/48, September 25, 2009, pp. 133, 141, 147, 178, available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A-HRC-12-48.pdf (Click red citation number to open this link.)   These munitions contain 116 felt wedges soaked in white phosphorus, which ignite and burn for up to seven minutes upon contact with oxygen.  The chemical is oil and fat soluble, leaving those who are exposed to it with severe burns that can penetrate to the bone.  Reports from the Israeli military and Ministry of Health, cited by Human Rights Watch, also conclude that white phosphorous exposure can cause "kidney failure and infections," is "extremely destructive to tissue," can lead to "systemic poisoning" and "can cause serious injury and death when it comes into contact with the skin, is inhaled or is swallowed." [29]"Rain of Fire: Israel's Unlawful Use of White Phosphorus in Gaza," Human Rights Watch, March 2009, pp. 11-12, available at: http://www.hrw.org/sites/default/files/reports/iopt0309web.pdf (Click red citation number to open this link.)

On January 4, 2009, a white phosphorous shell hit the Abu Halima house in Sifaya, a village near Beit Lahiya in the Gaza Strip.  16 members of the family were taking shelter in the house at the time of the attack.  "According to family members who survived," stated a UN report, "there was intense fire and white smoke in the room, the walls of which were glowing red.  Five members of the family died immediately or within a short period: Muhammad Sa'ad Abu Halima (aged 45) and four of his children, sons Abd al-Rahim Sa'ad (aged 14), Zaid (aged 12) and Hamza (aged 8), and daughter Shahid (aged 18 months).  Muhammad Sa'ad and Abd al-Rahim Sa'ad were decapitated, the others burnt to death.  Five members of the family escaped and suffered various degrees of burns:  Sabah Abu Halima, her sons Youssef (aged 16) and Ali (aged 4), daughter-in-law Ghada (aged 21), and Ghada's daughter Farah (aged 2)."  Two other family members—Muhammad Hekmat Abu Halima and Matar Abu Halima—were subsequently shot and killed by Israeli soldiers while trying to transport wounded survivors to a hospital. [30]"Report of the UN Fact-Finding Mission on the Gaza Conflict," A/HRC/12/48, September 25, 2009, pp.177-179, available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A-HRC-12-48.pdf (Click red citation number to open this link.)

Researchers from Human Rights Watch noted that all of the white phosphorus shells they found in Gaza were manufactured in the United States with markings denoting their production in April 1989 by Tiokol Aerospace, which then operated the Louisiana Army Ammunition Plant.  Reuters also photographed an Israeli artillery unit near Gaza handling M825A1 shells on January 4, 2009, with lot numbers indicating they were produced in the United States at Pine Bluff Arsenal in September 1991. [31]"Rain of Fire: Israel's Unlawful Use of White Phosphorus in Gaza," Human Rights Watch, March 2009, p. 13, available at: http://www.hrw.org/sites/default/files/reports/iopt0309web.pdf (Click red citation number to open this link.)

As a result of its investigation, Human Rights Watch concluded that "Israel's use of white phosphorus munitions during the armed conflict in Gaza violated international humanitarian law" and called upon the United States to halt the transfer of this weapon to Israel until the United States conducts an investigation into Israel's violations of international and U.S. arms export laws. [32]Ibid., pp. 63,10.

Due to the lack of specificity in publicly available reports from the Department of State and Department of Defense, the exact quantity and value of U.S. exports of white phosphorous shells to Israel is not known.  White phosphorous is fired from 155mm artillery shells.  From 2000 to 2009, the Department of Defense provided Israel with $11.38 million worth of cartridges in the range of 105mm-155mm, some of which may have been white phosphorous shells. [33]"Foreign Military Sales (FMS)," available at: http://weaponstoisrael.org/article.php?id=2731(Click red citation number to open this link.)

Additional Human Rights Violations

In addition to U.S. weapons playing a primary role in Israel's killing of unarmed Palestinians, Israel misuses U.S. weapons to commit additional human rights abuses of Palestinians while enforcing its 44-year military occupation of the West Bank, East Jerusalem and Gaza Strip.  From September 28, 2000, to April 2, 2011, the Israeli military and settlers injured an estimated 51,328 Palestinians, including 17,532 with rubber-coated steel bullets, 9,126 with live ammunition, and 6,981 with tear gas.  Among those Palestinians injured, 3,643 were permanently disabled or maimed. [34]Data taken from MIFTAH's Facts and Figures, available at: http://www.miftah.org/report.cfm (Click red citation number to open this link.) From 2007 to 2009, the Department of State licensed the export of 47 million rounds of ammunition to Israel, valued at $9.5 million, [35]"Direct Commercial Sales (DCS)," available at: http://weaponstoisrael.org/article.php?id=2757 (Click red citation number to open this link.) more than enough to injure or kill every Palestinian living under Israeli military occupation 10 times over.  This massive injuring of Palestinians, many of whom are civilians, is a violation of the right to security of person (Article 3, Universal Declaration of Human Rights).  

The U.S. arming and equipping of the Israeli military also implicates U.S. taxpayers in Israel's wholesale and deliberate destruction of Palestinian civilian infrastructure.  In addition to the wide-scale policy of demolishing Palestinian homes, mentioned above, the Israeli military has over the years routinely attacked and destroyed schools, hospitals, businesses, agriculture, roads, water treatment and electrical generation plants, the Gaza airport and other public infrastructure and private businesses.  The damage done to the civilian infrastructure of the Gaza Strip during "Operation Cast Lead" alone provides one measure.  Israel damaged or destroyed 11,154 housing units, 211 industrial premises, 703 stores, 100 other commercial and public premises, 6,271 dunams of agricultural land, and 448,298 trees. [36]Data taken from Al-Haq, "ÔOperation Cast Lead': A Statistical Analysis," August 2009, available at: http://www.alhaq.org/attachments/article/252/gaza-operation-cast-Lead-statistical-analysis%20.pdf (Click red citation number to open this link.)   Initial estimates pegged the damage to Palestinian civilian infrastructure at nearly $2 billion. [37]"Gaza: Humanitarian Situation," BBC News, January 30, 2009, available at: http://news.bbc.co.uk/2/hi/middle_east/7845428.stm (Click red citation number to open this link.)   The destruction of real or personal property by an Occupying Power is prohibited except where absolutely necessary by military operations (Article 53, Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War, cited hereafter as the Fourth Geneva Convention).  A UN report debunked the notion that this deliberate destruction was "absolutely necessary."  Instead it "categorically denounced" Israel's own claims that the operation's reliance upon "disproportionate force, attacks on civilian population and the destruction of civilian property are legitimate means to achieve Israel's military and political objectives." [38]"Report of the UN Fact-Finding Mission on the Gaza Conflict," A/HRC/12/48, September 25, 2009, p. 408, available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A-HRC-12-48.pdf (Click red citation number to open this link.)

U.S. weapons also play a direct and indirect role in facilitating Israel's restrictions on Palestinians' right to freedom of movement.  Israel has for years maintained hundreds of roadblocks and checkpoints in the West Bank, the number of which stood at 522 in September 2011. [39]"Movement and Access in the West Bank," United Nations Office for the Coordination of Humanitarian Affairs," September 2011, available at: http://www.ochaopt.org/documents/ocha_opt_MovementandAccess_FactSheet_September_2011.pdf(Click red citation number to open this link.)   The wall Israel has built within the West Bank, which was declared illegal by the International Court of Justice in July 2004, also severely restricts Palestinian movement.  The Court ruled that "all States are under an obligation not to recognize the illegal situation arising from the construction of the wall, not to render aid or assistance in maintaining that situation and to co-operate with a view to putting an end to the alleged violations and to ensuring that reparation will be made therefor." [40]"Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territories," International Court of Justice, July 9, 2004, available at: http://www.icj-cij.org/docket/files/131/1671.pdf (Click red citation number to open this link.)  Nevertheless, the United States continued to provide direct assistance to Israel that effectively makes the wall permanent.  The Emergency Supplemental Appropriations Act of 2005 (P.L.109-13) provided $200 million for "programs, activities, and efforts to support Palestinians," but gave $50 million of this to Israel "to help ease the movement of Palestinian people and goods in and out of Israel." [41]The text is available at: http://www.gpo.gov/fdsys/pkg/PLAW-109publ13/html/PLAW-109publ13.htm (Click red citation number to open this link.)   With this money, Israel planned to build 34 terminals at "crossing points along the revised route of the security fence." [42]Details from "No US Funding for Israel's Illegal Wall," US Campaign to End the Israeli Occupation, July 6, 2005, available at: http://endtheoccupation.org/article.php?id=1134 (Click red citation number to open this link.)   These systematic restrictions violate Palestinians' rights to freedom of movement and residence (Article 13(1), Universal Declaration of Human Rights).

Finally, U.S. weapons are employed directly and indirectly by the Israeli military to build and expand illegal Israeli settlements in the West Bank and East Jerusalem, and to commit human rights abuses of Palestinians in the course of building, expanding and maintaining these settlements, including, but not limited to, the expropriation of Palestinian land and agriculture.  There are currently 152 recognized Israeli settlements in the West Bank and East Jerusalem [43]Data from Foundation for Middle East Peace, available at: http://fmep.org/settlement_info/ (Click red citation number to open this link.) and, according to Israeli Prime Minister Benjamin Netanyahu, 650,000 Israelis live on land occupied by Israel since 1967. [44]"Speech by PM Netanyahu to a Joint Meeting of the U.S. Congress," Israel Ministry of Foreign Affairs, May 24, 2011, available at: http://www.mfa.gov.il/MFA/Government/Speeches+by+Israeli+leaders/2011/Speech_PM_Netanyahu_US_Congress_24-May-2011.htm (Click red citation number to open this link.)   A 1979 Department of State legal opinion found Israel's settlements to be "inconsistent with international law." [45]Glenn Kessler, "1979 State Dept. Legal Opinion Raises New Questions About Israeli Settlements," Washington Post, June 17, 2009, available at: http://www.washingtonpost.com/wp-dyn/content/article/2009/06/16/AR2009061603285.html (Click red citation number to open this link.)   An Occupying Power is prohibited from transferring parts of its own civilian population into territory it occupies (Article 49, Fourth Geneva Convention).



[7] Sharp, ibid, p. 24.

[8] All values and quantities of U.S. weapons deliveries to Israel are taken from a comprehensive database maintained by the US Campaign to End the Israeli Occupation, available at: http://www.weaponstoisrael.org

[9] The original data from B'Tselem is available at: http://www.btselem.org/statistics.  The US Campaign to End the Israeli Occupation has posted a detailed spreadsheet and statistical slide show of these Palestinian fatalities, which is available at: http://weaponstoisrael.org/article.php?id=2940. These statistics do not include Palestinians who were killed by Israel while participating in hostilities, nor do they include those Palestinians in whose cases B'Tselem was unable to determine whether or not they had been participating in hostilities when killed.

[10] "Report of the Commission of Inquiry on Lebanon pursuant to Human Rights Council resolution S-2/1," United Nations General Assembly, A/HRC/3, November 23, 2006, p. 3, available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/specialsession/A.HRC.3.2.pdf

[11] Data from B'Tselem, available at: http://www.btselem.org/statistics

[12] "Report of the international fact-finding mission to investigate violations of international law, including international humanitarian and human rights law, resulting from the Israeli attacks on the flotilla of ships carrying humanitarian assistance," United Nations General Assembly, A/HRC/15/21, September 27, 2010, pp. 26-27, available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/15session/A.HRC.15.21_en.PDF

[13] Yuval Yoaz, "State Commission to Examine Civilian Deaths in 2002 Shahade Assassination," Ha'aretz, September 18, 2007, available at: http://www.haaretz.com/print-edition/news/state-commission-to-examine-civilian-deaths-in-2002-shahade-assassination-1.229532

[14] "Press Briefing by Ari Fleischer," July 23, 2002, archived at: http://www.presidency.ucsb.edu/ws/index.php?pid=62979#axzz1jAUUV75b

[15] For additional details about the case, see materials posted by the Center for Constitutional Rights at "Matar et. al. v. Dichter," available at: http://ccrjustice.org/ourcases/current-cases/matar-v.-dichter

[16] These two killings and their details were published by B'Tselem and reproduced in spreadsheet format under "Palestinian Fatalities," available at: http://weaponstoisrael.org/article.php?id=2940

[17] Josh Ruebner, "Less Lethal? Ask the Abu Rahmah Family," Huffington Post, January 25, 2011, available at: http://www.huffingtonpost.com/josh-ruebner/less-lethal-ask-the-abu-r_b_813687.html

[18] "A Pattern of Abuse against American Citizens," Institute for Middle East Understanding, June 28, 2011, available at: http://imeu.net/news/article0019196.shtml

[19] Robert Mackey, "After Fatal Shooting of Palestinian, Israeli Soldiers Defended Use of Force Online," New York Times, December 11, 2011, available at: http://thelede.blogs.nytimes.com/2011/12/11/after-fatal-shooting-of-palestinian-israeli-soldiers-defended-use-of-force-online/

[20] Josh Ruebner, "Less Lethal? Ask the Abu Rahmah Family," Huffington Post, January 25, 2011, available at: http://www.huffingtonpost.com/josh-ruebner/less-lethal-ask-the-abu-r_b_813687.html and Adalah-NY, "More Deaths and Injuries from US Tear Gas in Palestine, around the Middle East, and Oakland," January 15, 2012, available at: http://adalahny.org/document/726/more-deaths-and-injuries-us-tear-gas-palestine-around-middle-east-and-oakland

[21] Data taken from "Direct Commercial Sales," available at: http://weaponstoisrael.org/article.php?id=2757

[22] For more detailed descriptions and legal analysis of human rights abuses committed by Israel with Caterpillar bulldozers, see "Israel's Human Rights Violations Facilitated by the Use of CAT Bulldozers," available at: http://endtheoccupation.org/article.php?id=1178

[23] Estimate by the Israeli Committee Against House Demolitions, available at: http://www.icahd.org/?page_id=76

[24] These cases are drawn from Josh Ruebner, "US Government Complicity in the Supply of Caterpillar Bulldozers to Israel," in Asa Winstanley and Frank Barat (editors), Corporate Complicity in Israel's Occupation, Pluto Press, 2011, p. 141; "Israel's Human Rights Violations Facilitated by the Use of CAT Bulldozers," available at: http://endtheoccupation.org/downloads/cat_legal_memo[1].pdf; and Corrie et. al. v. Caterpillar, Civil Action No. CV-05192-FDB, (USDC Washington 2004), available at: http://ccrjustice.org/files/Corrie_AmendedComplaint.pdf

[25] Winstanley and Barat, ibid., p. 140, citing a Caterpillar declaration available at: http://ccrjustice.org/files/Corrie_WeinbergDeclaration_10_05.pdf

[26] Additional details are available at: http://endtheoccupation.org/article.php?id=2832

[27] Palestinian Centre for Human Rights, "3 Years After Operation Cast Lead Justice has been Comprehensively Denied; PCHR Release 23 Narratives Documenting the Experience of Victims," December 27, 2011, available at: http://www.pchrgaza.org/portal/en/index.php?option=com_content&view=article&id=7979:3-years-after-operation-cast-lead-justice-has-been-comprehensively-denied-pchr-release-23-narratives-documenting-the-experience-of-victims-&catid=36:pchrpressreleases&Itemid=194

[28] "Report of the UN Fact-Finding Mission on the Gaza Conflict," A/HRC/12/48, September 25, 2009, pp. 133, 141, 147, 178, available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A-HRC-12-48.pdf

[29] "Rain of Fire: Israel's Unlawful Use of White Phosphorus in Gaza," Human Rights Watch, March 2009, pp. 11-12, available at: http://www.hrw.org/sites/default/files/reports/iopt0309web.pdf

[30] "Report of the UN Fact-Finding Mission on the Gaza Conflict," A/HRC/12/48, September 25, 2009, pp.177-179, available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A-HRC-12-48.pdf

[31] "Rain of Fire: Israel's Unlawful Use of White Phosphorus in Gaza," Human Rights Watch, March 2009, p. 13, available at: http://www.hrw.org/sites/default/files/reports/iopt0309web.pdf

[32] Ibid., pp. 63,10.

[33] "Foreign Military Sales (FMS)," available at: http://weaponstoisrael.org/article.php?id=2731

[34] Data taken from MIFTAH's Facts and Figures, available at: http://www.miftah.org/report.cfm

[35] "Direct Commercial Sales (DCS)," available at: http://weaponstoisrael.org/article.php?id=2757

[36] Data taken from Al-Haq, "'Operation Cast Lead': A Statistical Analysis," August 2009, available at: http://www.alhaq.org/attachments/article/252/gaza-operation-cast-Lead-statistical-analysis%20.pdf

[37] "Gaza: Humanitarian Situation," BBC News, January 30, 2009, available at: http://news.bbc.co.uk/2/hi/middle_east/7845428.stm

[38] "Report of the UN Fact-Finding Mission on the Gaza Conflict," A/HRC/12/48, September 25, 2009, p. 408, available at: http://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A-HRC-12-48.pdf

[39] "Movement and Access in the West Bank," United Nations Office for the Coordination of Humanitarian Affairs," September 2011, available at: http://www.ochaopt.org/documents/ocha_opt_MovementandAccess_FactSheet_September_2011.pdf

[40] "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territories," International Court of Justice, July 9, 2004, available at: http://www.icj-cij.org/docket/files/131/1671.pdf

[41] The text is available at: http://www.gpo.gov/fdsys/pkg/PLAW-109publ13/html/PLAW-109publ13.htm

[42] Details from "No US Funding for Israel's Illegal Wall," US Campaign to End the Israeli Occupation, July 6, 2005, available at: http://endtheoccupation.org/article.php?id=1134

[43] Data from Foundation for Middle East Peace, available at: http://fmep.org/settlement_info/

[44] "Speech by PM Netanyahu to a Joint Meeting of the U.S. Congress," Israel Ministry of Foreign Affairs, May 24, 2011, available at: http://www.mfa.gov.il/MFA/Government/Speeches+by+Israeli+leaders/2011/Speech_PM_Netanyahu_US_Congress_24-May-2011.htm

[45] Glenn Kessler, "1979 State Dept. Legal Opinion Raises New Questions About Israeli Settlements," Washington Post, June 17, 2009, available at: http://www.washingtonpost.com/wp-dyn/content/article/2009/06/16/AR2009061603285.html