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The Trump administration has rescinded a Biden-era regulation that sought to ensure American allies don't use U.S.-made weapons in violation of international humanitarian law, current and former officials said Monday.
The White House's repeal of the directive, which President Joe Biden imposed as his administration struggled to reconcile its support for Israel's war against Hamas militants in the Gaza Strip and its alarm about the civilian toll of that fight, comes as the Trump administration puts its "America First" mark on U.S. foreign policy.
A Feb. 21 order from national security adviser Michael Waltz, a copy of which was obtained by The Washington Post, relays President Donald Trump's decision to immediately rescind Biden's National Security Memorandum, known as NSM-20. The repeal was also confirmed by several current and former U.S. officials who spoke on the condition of anonymity to discuss a decision that has not been made public.
A spokesperson for the National Security Council did not immediately respond to a request for comment.
Biden's memo built on existing laws related to arms transfers, requiring countries acquiring U.S.-made weapons to provide written assurance they would not employ those arms in violation of international humanitarian law and would facilitate the delivery of U.S.-provided humanitarian aid, under the threat of suspension of arms supplies.
While its proponents said the memo served as a means to pressure Israel to facilitate the delivery of humanitarian aid in Gaza, a major point of contention between U.S. and Israeli officials since the war broke out after Hamas's attacks of Oct. 7, 2023, critics said the Biden administration failed to use its own rules to effectively improve conditions for civilians in Gaza.
Sarah Yager, Washington director of advocacy group Human Rights Watch, said the memo "wouldn't have been necessary if the Biden administration had followed U.S. laws on arms transfers."
"So my question for the Trump team is, ‘Will you show the American people that you will abide by U.S. laws when sending weapons to allies?' " she asked.
After the directive's introduction last winter, leading Republican lawmakers, including Sen. James E. Risch (R-Idaho), chairman of the Senate Foreign Relations Committee, voiced opposition to what they called "redundant bureaucratic requirements."
The repeal is not the first step by the Trump administration to roll back policies that imposed constraints aimed at protecting human rights.
During Trump's first term, he loosened restrictions faced by U.S. battlefield commanders conducting operations against the Islamic State and other militants, and introduced a conventional arms transfer policy that emphasized economic considerations over civilian concerns. In the first days after he returned to office, the Pentagon began moving to abolish an office set up under Biden to promote civilian safety during battlefield operations.
Sen. Chris Van Hollen (D-Maryland) said the move represented a "disservice to our national security, to global human rights, and to our standing around the world."
"This move also undermines American taxpayers' right to ensure the use of their dollars aligns with our laws and our national interest," he said in a statement. "It's another clear example of Trump's blatant indifference to American values. This is not America first - it's America in retreat."
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