The Biden administration has recognized that Israel probably utilized arms manufactured by the United States to cause a larger number of civilian casualties in Gaza, which surpasses what is generally considered acceptable. However, they have refrained from stating that this action violates U.S. weapons policy or international humanitarian law.
According to a senior State Department official who requested anonymity to discuss the unclassified document, the State Department has determined that there are “possible violations” in hundreds of investigations. However, it is unable to definitively confirm whether violations have actually occurred.
The report has been compiled to cover the period up until late April. Lawmakers received the report on Friday afternoon.
The Biden administration highlighted in its report that the absence of US government personnel in the area and Hamas’ tendency to use civilian populations as cover made it challenging to accurately evaluate or draw definitive conclusions on specific incidents.
The report stated that it is reasonable to believe that defense articles covered under NSM-20, which Israel heavily depends on, have been used by Israeli security forces in ways that do not align with its obligations under International Humanitarian Law (IHL) or established best practices for minimizing harm to civilians.
According to a State Department official, the report was not anticipated to bring about immediate changes. However, it has provided an opportunity for the United States to approach Israel and request more specific details. The official noted that there are still gaps in information, and the U.S. is actively urging Israel to address and resolve these gaps.
The report has been released after experiencing several days of delay. President Biden had given a warning to Israeli Prime Minister Benjamin Netanyahu that the United States would indefinitely halt the supply of weapons that have been used in civilian populations.
White House national security spokesman John Kirby stated on Friday afternoon that President Joe Biden is aware of the report’s contents and has been fully briefed on it. However, Kirby did not disclose the specific timing of when the commander in chief was informed.
The State Department failed to meet the initial deadline of Wednesday to submit the report to Congress. President Biden had promised to deliver an initial report by May 8th on U.S. weapons transfers in a national security memorandum he issued in February. Subsequent reports are expected to be submitted once annually.
In February, President Biden issued a memo directing the secretary of state to secure credible and reliable written assurances from foreign governments that receive U.S. weapons. The administration also committed to providing periodic congressional reports to ensure effective oversight.
Amid calls from Democratic lawmakers, the Biden administration has pledged to press Israel regarding the treatment of civilians in Gaza.
The State Department has also obtained credible and reliable assurances from the governments of Colombia, Iraq, Kenya, Nigeria, Somalia, and Ukraine that they meet the criteria.
According to the report, although there have been concerning situations in certain countries during the reporting period, the U.S. government believes that the assurances provided by each recipient country are credible and reliable. As a result, the provision of defense articles covered under NSM-20 will be allowed to continue.
In response to the ongoing conflict between Israel and Gaza, President Biden announced on Wednesday that he will not provide Israel with heavy payload bombs, artillery shells, and other offensive weapons. These weapons have been used in population centers in Gaza, where a major ground invasion is being considered by Prime Minister Netanyahu’s government. The city of Rafah, with over 1 million Palestinians seeking refuge, is particularly vulnerable. As the Israeli military and Hamas militants clashed on its outskirts, the southern Gaza city faced a mass exodus on Friday.
The administration has made a commitment to continue supplying Israel with defensive weapons.
A former State Department official, who resigned last year due to concerns about the U.S. stance on the Israel-Hamas war, is now playing a key role in an independent task force. This group recently submitted a report to the Biden administration, in which they accused Israel of demonstrating a “systematic disregard for fundamental principles of U.S. and international law.”
According to a summary of the report’s key findings by the State Department, the distribution of humanitarian aid remains a significant issue. However, the report did not conclude that the Israeli government was deliberately exacerbating the crisis or violating U.S. law.
The summary stated that although the U.S. has had serious concerns about Israel’s actions and inactions that have hindered the consistent and reliable delivery of much-needed assistance to Palestinian civilians, the Israeli government is not currently seen as actively preventing or limiting the transport or delivery of U.S. humanitarian aid, as defined by section 620I of the Foreign Assistance Act.
In a statement released on Friday, the President and CEO of the Center for American Progress, Patrick Gaspard, criticized the State Department’s findings. While the organization generally aligns with President Biden’s policies, it has diverged from the administration on matters concerning Israel.
According to Gaspard, it is difficult to comprehend how the administration can witness the situation unfolding in Gaza and not recognize that Israel has breached the conditions for the utilization of American weaponry.
In a statement, Senator Jim Risch, a Republican from Idaho and the ranking member of the Senate Foreign Relations Committee, criticized the Biden administration for attempting to adopt a contradictory stance.
According to Senator Risch, the NSM-20 is primarily targeting Israel in the short term. However, he believes that the increased reporting requirements will eventually extend to other American allies and partners worldwide. This, in turn, may hinder the provision of security assistance and weaken our ability to deter China and Russia.
According to Maryland Democratic Senator Chris Van Hollen, who spearheaded the effort to obtain written assurances, the report presents contradictory findings. While it acknowledges the existence of evidence indicating that Israel may have violated the law, the administration avoided addressing the crucial question of whether action should be taken. Van Hollen expressed his concerns regarding the report’s lack of clarity on this matter.
According to the speaker, if this behavior is considered acceptable by international standards, it would be a cause for concern. He emphasized that setting such a low bar for what is allowed would be detrimental. Additionally, he expressed the belief that the intention behind this approach is to acknowledge the severity of the situation without taking any action to hold the Netanyahu government accountable for their actions.