Biden admin says it’s ‘reasonable to assess’ Israel used American weapons in ways ‘inconsistent’ with international law

The Biden administration said 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 but stopped short of officially saying Israel violated the law.

The report which was drafted by the State Department said that investigations into potential violations are ongoing but noted that the US does “not have complete information to verify” whether the US weapons “were specifically used” in alleged violations of international humanitarian law.

“Given the nature of the conflict in Gaza, with Hamas seeking to hide behind civilian populations and infrastructure and expose them to Israeli military action, as well as the lack of USG personnel on the ground in Gaza, it is difficult to assess or reach conclusive findings on individual incidents. Nevertheless, given Israel’s significant reliance on U.S.-made defense articles, it is reasonable to assess that defense articles covered under NSM-20 have been used by Israeli security forces since October 7 in instances inconsistent with its IHL obligations or with established best practices for mitigating civilian harm,” the report said.

The report, which covers the period from the outbreak of the war with Hamas on October 7 to late April, did not find that Israel has withheld humanitarian aid to Gaza in violation of US law.

Although the report does not find Israel in violation of either of the terms of the memorandum, it is sharply critical of the toll of Israel’s military campaign. The findings of the report mark another stark moment in US-Israeli relations in the same week President Joe Biden threatened to restrict weapons transfers if Israel goes ahead with a major offensive in Rafah.

Still, the ultimate finding – that Israel’s assurances made under the national security memorandum are “credible and reliable” – is likely to raise scrutiny among some lawmakers and human rights and humanitarian organizations.

The report notes that “in any conflict involving foreign partners, it is often difficult to make swift, definitive assessments or determinations on whether specific U.S. defense articles or services have been used in a manner not consistent with international law.”

“However, there have been sufficient reported incidents to raise serious concerns,” it said.

“While Israel has the knowledge, experience, and tools to implement best practices for mitigating civilian harm in its military operations, the results on the ground, including high levels of civilian casualties, raise substantial questions as to whether the IDF is using them effectively in all cases,” the report said.

The high-stakes report was transmitted to Capitol Hill on Friday afternoon. The administration was required to make a determination on those two matters under a February national security memorandum, which Biden issued under pressure from Democratic lawmakers. It was the first time the US government had to make an assessment about Israel’s conduct in the seven months of the war with Hamas in Gaza, triggered by the terror group’s brutal October 7 attack, that has left more than 34,000 people dead and much of the coastal enclave destroyed.

According to a senior State Department official, the compilation of the report has been a useful tool for the Biden administration to go to the government of Israel and insist on getting information, and on behavior changes. That official said the report would be shared with the Israeli government.

This story is breaking and will be updated.

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