The Biden administration has informed Congress that Israel may have breached international standards by failing to safeguard civilians in Gaza. While Israel is believed to have the necessary tools and knowledge to prevent civilian harm during military operations, the high number of civilian casualties in Gaza has raised questions about the effectiveness of these tools. However, the administration has not found concrete evidence of Israeli violations that would warrant the withholding of military aid. The report stated that collecting reliable information from Gaza, Hamas’s practice of operating in civilian areas, and Israel’s incomplete sharing of information have made it difficult to verify alleged violations involving U.S. weapons.
Despite concerns about Israel’s conduct, the report concluded that Israel’s assurances in March regarding the use of U.S. arms in accordance with international law were credible and reliable. This has allowed the continued flow of U.S. military aid to Israel, separate from the recent delay of bomb deliveries and a review of other weapons shipments in response to Israel’s intended invasion of Rafah. The report acknowledged the challenges of obtaining accurate information from conflict zones and highlighted Israel’s efforts to investigate potential wartime misconduct through criminal investigations into its military’s actions in Gaza.
Although the report did not find evidence of intentional obstruction of humanitarian aid into Gaza, it did note that Israel’s actions and inactions had slowed the delivery of aid. The U.S. does not currently assess that Israel is directly preventing the transport or delivery of U.S. humanitarian assistance into Gaza, which would trigger a U.S. law prohibiting military aid to countries impeding aid distribution. Critics argue that Israel’s actions in Gaza, including alleged indiscriminate killing of civilians with U.S. arms, could breach U.S. laws governing arms transfers and international humanitarian law based on the Geneva Conventions.
The report’s conclusion, which did not define the established best practices for mitigating civilian harm in detail, has sparked criticism from some members of Congress who advocate for stricter restrictions on arms deliveries to Israel. Despite requests to hold the Netanyahu government accountable, the report avoided attributing violations of international law to Israel. Concerns were raised about the use of American arms in attacks that potentially violate international law and constitute war crimes, as highlighted by an independent task force’s comprehensive report citing numerous examples of likely Israeli legal violations since the issuance of the president’s memorandum.
While acknowledging Israel’s right to self-defense amidst attacks by Hamas and the challenging military environment in Gaza, the State Department report documented incidents where Israel’s military actions resulted in civilian casualties or targeted humanitarian aid workers. Specific cases, such as the killing of World Central Kitchen workers and airstrikes in the Jabaliya refugee camp, were highlighted as areas of concern. The report also pointed out instances where Israel’s government had a negative impact on aid distribution due to bureaucratic delays and involvement in protests or attacks on aid convoys. The report was delivered to Congress after the deadline set by the president’s memorandum, prompting criticism from those who hoped for stricter action against Israel’s alleged violations.
