Gallagher Leads Bipartisan Call for Biden Administration Officials to Enforce Existing Sanctions on Terrorist Groups Using Human Shields

Today, Representative Mike Gallagher (R-WI) led a bipartisan letter with Representative Brad Sherman (D-CA) and several other colleagues urging Secretary of the Treasury Janet Yellen and Secretary of State Antony Blinken to impose and fully enforce sanctions originating from the Sanctioning the Use of Civilians as Defenseless Shields Act. 

Despite this bill being passed by Congress unanimously and signed into law in 2018, there have been no sanctions imposed under this authority against Hamas and Hizballah. In its attacks against Israel, Hamas has used both Israeli hostages and Palestinian civilians as human shields, thereby clearly committing a war crime.

In part, the members wrote, "While the U.S. government has taken measures to combat Hamas and Hizballah in recent years, it has yet to sanction Hamas and Hizballah leaders for their use of human shields. Imposing such sanctions would make clear that the U.S. government does not tolerate the use of human shields and would encourage like-minded countries to take similar measures against this war crime. Spotlighting, condemning, and imposing sanctions on specific Hamas officials for their involvement in using human shields would send a message to officials of Hamas, Hizballah, the Taliban, the Islamic State, Russia, and other prolific users of human shields that there is now a price to be paid for engaging in this horrific war crime.

"President Biden has expressed strong support for Israel, and imposing and enforcing the sanctions under the Sanctioning the Use of Civilians as Defenseless Shields Act is another concrete measure to demonstrate that support and establish a firm legal position against these heinous crimes."

The letter outlines the need for these sanctions to be imposed and fully enforced as the terrorist groups attacking Israel continue to use innocent civilians and hostages as human shields. The letter also highlights several examples where President Biden and members of his administration have called out and criticized Hamas for its use of human shields. Some of these instances include:

• In a speech on October 10, President Biden stated that “[Hamas] use Palestinian Civilians as human shields.”
• In remarks from Tel Aviv on October 12, Secretary Blinken said, “Hamas continues to use civilians as human shields – something that’s not new, something that they’ve always done – intentionally putting civilians in harm’s way to protect – to try to protect themselves, or protect their infrastructure, or protect their weapons.”
• In an interview on October 15, President Biden said, “Hamas is a bunch of cowards. They're hiding behind the civilians. They put … their headquarters where civilians are and buildings and the like.”
• In a primetime speech delivered on October 19, President Biden said, “Hamas uses Palestinian civilians as human shields, and innocent Palestinian families are suffering greatly because of them.”
• In remarks during a joint press conference on October 25, President Biden highlighted the need to ensure “Hamas can no longer terrorize Israel and use Palestinian civilians as human shields.”
• In remarks delivered on October 27, US Ambassador to the United Nations Linda Thomas-Greenfield said, “And Hamas has no respect for the rule of law or human life. To them, Palestinian civilians are expendable. To them, Palestinian civilians are human shields.”
• In testimony before the Senate Appropriations Committee on October 31, Secretary Blinken said, “Hamas cynically and monstrously puts, intentionally, civilians in harm’s way by hiding behind them, by using them as human shields. By placing its people, by placing its equipment, by placing its ammunition, its weapons, its command posts underneath hospitals, underneath schools, in residential complexes.”

See the full letter HERE or read full text below.

Dear Secretary Yellen and Secretary Blinken,

In response to the ongoing use of human shields by terrorist groups attacking Israel, we are writing to urge you to impose and fully enforce sanctions originating from the Sanctioning the Use of Civilians as Defenseless Shields Act (PL 115-348), which was signed into law on December 21, 2018. This Act requires the President to annually submit to Congress a list of, and to impose sanctions on, individuals involved with the use of human shields by Hamas and Hizballah, as well as foreign persons, agencies or instrumentalities that knowingly and materially support or direct the use of human shields by these groups. In 2019, the Department of the Treasury’s Office of Foreign Assets Control amended the Global Terrorism Sanctions Regulations to reflect the enactment of the Sanctioning the Use of Civilians as Defenseless Shields Act. However, there still have been no sanctions imposed pursuant to this law even though this Act passed Congress unanimously. We urge you to prioritize the swift imposition and enforcement of all appropriate sanctions under this authority against Hamas and Hizballah.

The use of innocent civilians to shield weapons and fighters from lawful attack – also known as the use of human shields – is a war crime. Since the enactment of the Sanctioning the Use of Civilians as Defenseless Shields Act, the extensive use of human shields by Hamas and Hizballah has been well documented. Those who use this horrific tactic bear full responsibility for the civilian deaths that result from it.

During the October 2023 conflict, Hamas has clearly and brazenly seized more than 200 persons in Israel and held them hostage in Gaza, using them as human shields to limit the Israeli military’s striking of Hamas targets. Reportedly, no less than ten of these hostages are U.S. nationals.  In a Hamas hostage-taking manual recovered by the Israel Defense Forces (IDF), the terrorists were explicitly given a strategy for taking hostages which directed them to use live hostages seized in Israel as human shields. 

In Gaza, Hamas openly utilizes innocent Palestinian civilians as human shields. When the IDF warned Palestinians to evacuate from the northern part of the Gaza strip, Hamas worked to block and prevent those Palestinians from moving South. According to National Security Council Spokesperson John Kirby, “Hamas actually gave a counterorder telling Palestinians in Gaza to stay at home. Why? Because having human shields, they think, protects them.” Additionally, Hamas continues to locate its weapons and military intelligence in civilian population centers and sensitive sites. During the current conflict, the IDF has published images of Hamas placing rocket launch sites next to a UN building, a kindergarten, a mosque, and schools.

During the May 2021 conflict, the IDF found weapons depots in homes and apartment buildings, military intelligence headquarters next to a kindergarten, and countless rocket launchers near schools and civilian buildings. Each rocket launched at Israeli civilians from a site amongst Gaza civilians was thus a double war crime, violating the law of armed conflict prohibition on targeting civilians as well as the prohibition on using civilians as human shields. 

In his remarks on both October 10 and October 19, President Biden stated unequivocally that “Hamas uses Palestinian civilians as human shields.” He elaborated in a separate interview that “they’re [Hamas] hiding behind the civilians. They put their… headquarters where civilians are and buildings and the like.” We commend the President for taking such a clear stance and making plain to the international community that Hamas is committing this despicable violation of international law, and firmly believe that you must follow these statements with action.

While the U.S. government has taken measures to combat Hamas and Hizballah in recent years, it has yet to sanction Hamas and Hizballah leaders for their use of human shields. Imposing such sanctions would make clear that the U.S. government does not tolerate the use of human shields and would encourage like-minded countries to take similar measures against this war crime. Spotlighting, condemning, and imposing sanctions on specific Hamas officials for their involvement in using human shields would send a message to officials of Hamas, Hizballah, the Taliban, the Islamic State, Russia, and other prolific users of human shields that there is now a price to be paid for engaging in this horrific war crime.

President Biden has expressed strong support for Israel, and imposing and enforcing the sanctions under the Sanctioning the Use of Civilians as Defenseless Shields Act is another concrete measure to demonstrate that support and establish a firm legal position against these heinous crimes.

Thank you for your time and attention to this matter. We look forward to your response and encourage you to pursue additional investigations based on the recent conflict so that the law may be enforced as intended.