Report to Congress on Israel and Hamas Conflict

October 8, 2024 7:15 AM

The following is the Oct. 4, 2024, Congressional Research Service report, Israel and Hamas Conflict In Brief: Overview, U.S. Policy, and Options for Congress.

From the report

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Since October 7, 2023, Israel has been at war with the Palestinian Sunni Islamist group Hamas (a U.S.-designated foreign terrorist organization, or FTO), which led an attack that day from the Gaza Strip into Israel. More than 1,200 Israelis and foreign nationals (including 46 U.S. citizens in Israel) were killed on October 7, and Hamas and other groups also seized some 251 hostages. Iran has provided material support to Hamas for decades, but the Office of the Director of National Intelligence assessed in February 2024 that “Iranian leaders did not orchestrate nor had foreknowledge of” the attack. The conflict that has ensued in the past year has posed major challenges for U.S. policymakers.

Conflict, humanitarian situation, and international action. In the conflict to date, more than 41,000 Palestinians in Gaza have been killed, according to the Hamas-controlled health ministry there. Additionally, about 90% of Gaza’s some 2.1 million residents have been displaced, with most facing unsanitary, overcrowded conditions alongside acute shortages of food, water, medical care, and other essential supplies and services. Obstacles to transporting aid through crossings and Israeli checkpoints and then safely delivering it have contributed to high levels of food insecurity. According to the Famine Early Warning Systems Network (FEWS NET) as of August 2024, humanitarian aid was probably preventing famine, but “hunger and malnutrition remain dire, and hunger-related mortality is likely still occurring.”

In May, the International Court of Justice (ICJ) ordered Israel to immediately “halt its military offensive, and any other action in the Rafah Governorate [at the southern tip of Gaza], which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part.” The ICJ does not have an enforcement mechanism, and Israel insisted its operations did not “risk the destruction of the Palestinian civilian population.” Also in May, the International Criminal Court (ICC) Prosecutor applied for arrest warrants for alleged war crimes against Israeli and Hamas leaders, including Prime Minister Benjamin Netanyahu, triggering denunciations from Biden Administration and Israeli leaders, and efforts by some Members of Congress to advance sanctions against ICC officials.

U.S.-Israel cooperation and tensions (including supplemental appropriations and oversight). The Biden Administration has provided political and material support for Israeli efforts to end Hamas rule in Gaza and secure the return of hostages. In Israel, debate is ongoing about the achievability of, and possible tension between, these objectives. While continuing most U.S. support, the Administration increased criticism of Israel during the first half of 2024, in apparent connection with Israel’s prosecution of the war, questions about how military operations may or may not advance the Israeli government’s stated objectives, and the conflict’s impact on Palestinian civilians. It has continued most U.S. support to Israel, with one shipment of 2,000 bombs paused as of July. The Administration has pushed for a multi-phase cease-fire and hostage-prisoner exchange (working with Qatari and Egyptian mediators) and increases in humanitarian aid and civilian protection. Both Israel and Hamas have reportedly resisted various cease-fire proposals, and there appears to be division within the Israeli government over how to prioritize war aims—including whether or not keeping troops at the Gaza-Egypt border because of smuggling-related concerns may justify delaying a cease-fire that could return some hostages. Some media reports suggest Israel might consider withdrawing from this border if Egypt (with possible U.S. help) installs certain security measures.

In April, Congress appropriated the President’s requested supplemental funding for Israel ($8.7 billion in Foreign Military Financing and missile defense) and global humanitarian assistance (over $9 billion) in P.L. 118-50. Congress also included provisions aimed at preventing the $1 billion of humanitarian aid intended for Gaza from diversion, misuse, or destruction. A February presidential memorandum (an executive document, not standing law) set forth oversight mechanisms for Israel’s compliance with international law as a U.S. arms recipient, and the Administration provided an initial report on Israeli compliance to Congress in May. Also in May, the Administration paused some weapons shipments to Israel, triggering debate in Congress. In August, the Administration formally notified Congress of potential arms sales to Israel for more than $20 billion, including up to 50 new F-15 fighter aircraft.

Gaza transition planning. U.S. officials have sought to work with Israeli and Palestinian leaders and some Arab governments to plan for a transition of governance and security in Gaza, though they are likely to confront a number of political, security, and logistical obstacles to preventing a Hamas resurgence, establishing law and order, and enacting long-term recovery. U.S. officials have expressed support for a resumption of Palestinian Authority (PA) rule in Gaza after the PA undertakes certain reforms, as part of efforts to move toward a two-state solution; PA and other Arab leaders insist on progress toward a Palestinian state during such a transition. Prime Minister Netanyahu has insisted that Israel have full security control of “all territory west of the Jordan River,” and “overriding security control” in Gaza for the “foreseeable future.”

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