AP (Wednesday, January 21st): Just one day after his inauguration, President Barack Obama has asked Secretary of State Hillary Clinton to officially add the Israeli Defense Forces (IDF) to the Foreign Terrorist Organization list under the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). President Obama cited the continued activities of the IDF in Gaza and the Palestinian territories which qualify as "terrorist activity" under the definition offered in section 212 (a)(3)(B) of the INA (8 U.S.C. § 1182(a)(3)(B)).
The IDF will have the option of petitioning against this designation in two years, and it must show that its actions no longer fall under the definitions of terrorism or terrorist activity. As a consequence, President Obama has halted all aid being sent to Israel and has forbid US defense contractors from supplying the terrorist organization any weapons or supplies.
The official release from the White House detailed the following points about the characteristics of Foreign Terrorist Organizations:
Legal Criteria for Designation under Section 219 of the INA as amended
1. It must be a foreign organization.
2. The organization must engage in terrorist activity, as defined in section 212 (a)(3)(B) of the INA (8 U.S.C. § 1182(a)(3)(B)),* or terrorism, as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. § 2656f(d)(2)),** or retain the capability and intent to engage in terrorist activity or terrorism.
3. The organization’s terrorist activity or terrorism must threaten the security of U.S. nationals or the national security (national defense, foreign relations, or the economic interests) of the United States.
The office of the Secretary of State cited the IDF's actions in the Second Lebanon War, referring to an Amnesty International reportdocumenting the use of cluster bombs on civilians. Recent actions in Gaza, including the shelling of a U.N. school leading to the deaths of 40 civilians, motivated the Obama administration to take action.
"It has become clear that the IDF has used tactics equally horrendous, if not more so, to the ones used by Hamas in Southern Israel," President Obama said. "With growing concern from the UN and human rights groups across the world, we cannot ignore these actions and must recognize them for what they are. We can no longer support these actions with our diplomatic and monetary resources since they are not consistent with our country's values of freedom and democracy. But let me make clear, this does not mean that I condone the actions of Hamas."
President Obama's press secretary did not comment whether he would support international efforts to investigate the IDF for war crimes or push for any punitive measures in upcoming resolutions, such as sanctions or a commercial blockade of the region.
The release included the accusations currently waged by the UN and other human rights groups. The IDF is accused of
• Using powerful shells in civilian areas which the army knew would cause large numbers of innocent casualties;
• Using banned weapons such as phosphorus bombs;
• Holding Palestinian families as human shields;
• Attacking medical facilities, including the killing of 12 ambulance men in marked vehicles;
• Killing large numbers of police who had no military role.
The office of the Secretary of State provided the definitions of terrorist activity, which include many of the IDF actions. As provided by law, the definition of terrorist activity includes the following items:
* Section 212(a)(3)(B) of the INA defines "terrorist activity" to mean: "any activity which is unlawful under the laws of the place where it is committed (or which, if committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:
(I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).
(II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
(III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United States Code) or upon the liberty of such a person.
(IV) An assassination.
(V) The use of any--
(a) biological agent, chemical agent, or nuclear weapon or device, or
(b) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.
(VI) A threat, attempt, or conspiracy to do any of the foregoing."
The release came as a surprise to many in the U.S. and in Israel. Protests immediately broke out in New York City, Los Angeles and several other cities. Effigies of President Obama in Nazi uniforms were burned in Manhattan, with protesters labeling him an "anti-Semite," "Holocaust-denier" and "terrorist sympathizer." Counter-rallies were held supporting Obama's decision as well.
Residents in European countries and the Muslim world were shocked. "I never thought the U.S. would see the true situation occurring in Gaza. Perhaps now we are seeing the 'hope and change' President Obama has promised," said King Abdullah of Saudi Arabia.
The addition of the IDF to the FTO list has important ramifications for citizens in the U.S. It is now no longer legal for any citizen to financially support IDF members or its actions.