The Biden administration stated on Friday that it is “reasonable to assess” that US weapons have been used by Israeli forces in Gaza in ways that are “inconsistent” with international humanitarian law. However, they did not officially declare that Israel violated the law. The report from the State Department mentioned that investigations into potential violations are still ongoing. It also pointed out that the US does not have complete information to confirm whether the US weapons were specifically used in alleged violations of international humanitarian law.
Due to the complex nature of the conflict in Gaza, where Hamas often operates within civilian areas, it is challenging to accurately assess specific incidents without personnel on the ground. Despite this, it is reasonable to believe that Israeli security forces have utilized U.S.-made defense equipment covered under NSM-20 in ways that may not align with international humanitarian law or best practices for minimizing harm to civilians.
The report, spanning from the beginning of the conflict on October 7 to late April, did not uncover any evidence of Israel obstructing the delivery of humanitarian aid to Gaza, which would have violated U.S. regulations.
The report, while not accusing Israel of breaking the terms of the memorandum, strongly condemns the impact of Israel's military actions. This comes at a sensitive time for US-Israeli relations, especially after President Joe Biden's warning about limiting weapon transfers if Israel proceeds with a significant attack in Rafah.
Despite the criticism, the report concludes that Israel's promises under the national security memorandum are considered trustworthy. However, this may lead to increased scrutiny from certain legislators, as well as human rights and humanitarian groups.
The report highlights the challenge of quickly determining if U.S. defense items have been used in a manner inconsistent with international law in conflicts involving foreign partners. It acknowledges that making definitive assessments can be difficult.
Despite the challenges, the report emphasizes that there have been enough documented incidents to cause significant worry.
The report stated that while Israel has the necessary knowledge, experience, and tools to implement best practices for reducing harm to civilians in its military operations, the actual results on the ground, such as high levels of civilian casualties, raise concerns about the effectiveness of these practices by the IDF.
This high-stakes report was sent to Capitol Hill on Friday afternoon. The administration was obligated to assess these two issues based on a national security memorandum from February, which was issued by Biden after pressure from Democratic lawmakers. This marked the first time the US government had to evaluate Israel's actions during the seven-month conflict with Hamas in Gaza, which was sparked by a brutal attack by the terror group on October 7 and resulted in over 34,000 deaths and severe damage to the coastal enclave.
According to a senior State Department official, the report has been helpful for the Biden administration to communicate with the Israeli government and ask for information and behavior changes. The official mentioned that the report will be sent to the Israeli government.
This is a developing story and will be continuously updated.
Editor's P/S:
The Biden administration's report on the use of US weapons in Gaza raises serious concerns about Israel's compliance with international humanitarian law. The report highlights the challenge of accurately assessing specific incidents in complex conflict zones but suggests that US-made defense equipment may have been used in ways that violate the law. This is a significant development in US-Israeli relations and could lead to increased scrutiny from legislators and human rights groups.
It is crucial that Israel takes steps to ensure that its military operations comply with international law. The high levels of civilian casualties in Gaza raise questions about the effectiveness of the IDF's practices for minimizing harm to civilians. The Biden administration should continue to press Israel to address these concerns and provide more information about the use of US weapons. This report is an important step towards ensuring that US arms are not being used to violate international humanitarian law.