In a move that has raised eyebrows among lawmakers, the Biden administration has bypassed Congress for the second time this month to approve an emergency weapons sale to Israel. The sale comes as Israel continues its military operation against Hamas in Gaza, which has faced mounting international criticism.

The US State Department announced on Friday that Secretary of State Antony Blinken had informed Congress about the approval of a $147.5 million sale, covering essential equipment such as fuses, chargers, and primers required for Israel's purchased 155mm shells.

Citing the urgency of Israel's defensive needs, the department stated, "The United States is committed to the security of Israel, and it is vital to US national interests to ensure Israel is able to defend itself against the threats it faces."

This emergency determination bypasses the usual requirement for congressional review of foreign military sales, a rare occurrence reserved for cases where expedited delivery of weapons is deemed necessary. Blinken had previously made a similar decision on December 9th, authorizing the sale of nearly 14,000 rounds of tank ammunition valued at over $106 million to Israel.

These emergency approvals have surfaced amidst tensions in Congress regarding a proposed $106 billion aid package encompassing Ukraine, Israel, and other national security needs. The aid package has been stymied by debates over US immigration policy and border security, leading some Democratic lawmakers to contemplate linking the proposed $14.3 billion in assistance to Israel with concrete actions from Prime Minister Benjamin Netanyahu's government towards reducing civilian casualties in Gaza during the conflict with Hamas.

To counter potential criticism of the sale on human rights grounds, the State Department emphasized its continuous communication with Israel, underscoring the importance of minimizing civilian casualties. Civilian casualties have surged since Israel launched its response to Hamas attacks in early October. The department stressed that while Hamas often hides among civilians, Israel must uphold its responsibility to distinguish between civilians and terrorists during military operations and prioritize the protection of civilians.

Bypassing Congress with emergency determinations for arms sales is an extraordinary step that has historically faced resistance from lawmakers who typically have a grace period to evaluate proposed weapons transfers and potentially block them. In 2019, then-Secretary of State Mike Pompeo faced significant criticism for his emergency determination approving an $8.1 billion sale of weapons to Saudi Arabia, the United Arab Emirates, and Jordan amidst concerns over the Yemen war. However, Pompeo was subsequently cleared of any wrongdoing following an internal investigation.

Since 1979, at least four administrations have utilized this authority, with President George HW Bush's administration resorting to it during the Gulf War to ensure swift arms delivery to Saudi Arabia.

The Biden administration's recent emergency determinations have brought renewed attention to the process of arms sales bypassing congressional scrutiny and the delicate balance between supporting allies' defense needs and upholding human rights standards. The unfolding conflict in Gaza continues to test both diplomatic ties and the US government's response to the escalating crisis.