A report from President Joe Biden’s administration found that Israeli forces likely used U.S.-supplied weapons in a manner “inconsistent” with international law, but it failed to identify violations which would put an end to ongoing military aid.
In the report, released late Friday, the US State Department said Israel had failed to provide adequate information to verify whether US weapons were used in possible violations of international law during his war in Gaza.
The Biden White House in February issued a national security memorandum, NSM-20, requiring Israel and other countries receiving military aid to provide written assurances that all weapons supplied by the United States were used in a manner consistent with international law.
The United States would then make a decision regarding future military aid based on these written assurances. Friday’s report is a byproduct of that memorandum.
“It is reasonable to assess that defense articles covered by NSM-20 have been used by Israeli security forces since October 7 in cases inconsistent with their IHL (international humanitarian law) obligations or with the best practices established to mitigate harm to civilians,” the report said. .
The report added, however, that the Biden administration believes that Israel is taking “appropriate steps” to address these concerns.
Political reaction
The United States has been a consistent ally of Israel throughout its seven-month military campaign in Gaza, which began on October 7.
This war, however, has sparked international outcry as humanitarian concerns grow.
Nearly 35,000 Palestinians have been killed in Gaza, many of them women and children, and the head of the United Nations World Food Program said:large-scale famine» in the northern part of the narrow enclave.
Yet the Israeli siege of Gaza continues, with access to food, water and electricity very limited. UN experts have repeatedly warned of a “risk of genocide” in the territory.
Consequently, the Biden administration has faced pressure, particularly from the progressive flank of the Democratic Party, to address humanitarian concerns by imposing conditions on military aid to Israel.
After the report was released Friday, progressive lawmakers expressed disappointment with its findings.
Sen. Chris Van Hollen, for example, said it “fails to do the hard work of evaluation and sidesteps the ultimate questions the report was supposed to determine.”
Meanwhile, Republicans blasted the report, calling it undermining Israel in its campaign against the Palestinian group Hamas.
Sen. Jim Risch, for example, called the document “politically damaging” and said it would harm U.S. allies beyond Israel in the long term.
“NSM-20 is aimed directly at Israel in the short term, but the additional, highly politicized reporting requirements will ultimately be aimed at other U.S. allies and partners around the world, further hampering the delivery of security assistance and will undermine our ability to deter. China and Russia,” he wrote in a statement.
Barriers to reporting
Friday’s report acknowledges the limitations of the US State Department’s findings, emphasizing that the information provided by Israel was not complete.
“Although we have gained insight into Israeli procedures and rules, we do not have comprehensive information on how these processes are implemented,” the report said.
He also argues that war itself creates obstacles to understanding what is happening on the ground.
“It is difficult to assess or reach conclusive conclusions about individual incidents” in Gaza, the report said, citing the lack of U.S. government personnel on the ground.
It also echoes Israeli accusations that Hamas may manipulate civilian casualties for its own benefit.
Gaza, the report said, represents “a combat space as difficult as any army has faced in modern warfare.”
Follow the help flow
The report also sought to assess whether Israel was hindering the flow of aid to Gaza, another possible violation of international humanitarian law, as well as U.S. law.
It found “numerous instances during the period of Israeli actions that delayed or had a negative effect on the delivery of aid to Gaza.”
Nonetheless, the report concluded that it could not assess that “the Israeli government prohibits or otherwise restricts the transportation or delivery of U.S. humanitarian assistance within the meaning of section 620I of the Foreign Assistance Act “.
However, humanitarian groups have reported for months that Israel systematically blocks the entry of much aid into the Gaza Strip.
Overall, the report said that U.S. intelligence agencies have “no direct indication that Israel is intentionally targeting civilians,” but believe that “Israel could do more to prevent harm to civilians.”
Additionally, the State Department committed to continuing to monitor the situation in Gaza, particularly as it relates to the delivery of aid.
“This is an ongoing assessment and we will continue to monitor and respond to any difficulties related to the delivery of aid to Palestinian civilians in Gaza. »
