The Biden administration stated that US weapons may have been used by Israeli forces in Gaza in ways that violate international humanitarian law, but did not officially declare Israel in violation of the law. Investigations are ongoing, but there is not enough information to confirm whether US weapons were specifically used in alleged violations. The conflict in Gaza makes it difficult to conclusively assess individual incidents, but it is reasonable to assume that US-made defense articles have been used by Israeli forces inconsistent with their obligations under international law.
The report covers the period from October 7 to late April, finding no violation of US law regarding the withholding of humanitarian aid to Gaza. However, the report criticizes Israel’s military campaign’s toll, marking a stark moment in US-Israeli relations. Although Israel’s assurances were deemed credible and reliable under the national security memorandum, lawmakers and human rights organizations have raised concerns and called for accountability for alleged violations.
The report did not mandate any actions by the Israeli government or trigger policy changes, but President Biden threatened to restrict certain weapons transfers if Israel launched a major offensive in Rafah. This high-stakes report was transmitted to Capitol Hill and marks the first time the US government has assessed Israel’s conduct during the seven-month war in Gaza. Democratic lawmakers expressed disappointment in the report’s findings, calling it a diplomatic dodge and urging more accountability for Israel’s actions.
Despite criticisms, the administration defended the report, stating that it was intended to be retrospective and that evaluations are ongoing to address ongoing activity. There are concerns about potential violations of international law by Israel, despite its knowledge and tools to mitigate civilian harm. The report serves as a tool for the Biden administration to press for information and behavior changes from the Israeli government.
The report highlights US concerns about Israel’s military operations’ impact on humanitarian actors and the insufficient delivery of aid to Palestinian civilians. While there are no restrictions on US humanitarian assistance, the report raises concerns about the impact of Israel’s military operations on aid delivery. Human rights organizations have criticized the report’s findings, arguing that Israel is violating international law and causing civilian casualties using US weapons.
Humanitarian aid organizations have also questioned the report’s findings, citing obstructions by Israel that undermine the delivery of aid to Gaza’s population. The Biden administration’s report has faced scrutiny from lawmakers, human rights organizations, and aid groups, who believe that Israel’s actions in Gaza are inconsistent with international humanitarian law. Despite acknowledgments of civilian casualties and concerns about aid delivery, the report’s conclusions have been met with skepticism and calls for accountability.
