According to a recent report, the Departments of State and Defense have stated that they were unable to gather sufficient evidence to support claims that Israel had used American arms in ways that violated international humanitarian law. This report was commissioned by President Joe Biden.
The National Security Memorandum 20 required a report to be conducted, which aimed to analyze the utilization of arms supplied by the United States in areas of ongoing conflict.
The report states that there is insufficient evidence to confirm whether the US defense articles mentioned in NSM-20 were specifically utilized in actions that are claimed to be violations of international humanitarian law or international human rights law. It emphasizes that the complex nature of the conflict in Gaza poses challenges in addressing and reaching definitive conclusions on individual incidents.
The assessment acknowledges that Israel heavily relies on defense articles made in the U.S. It is reasonable to assess that some of these articles have been used in ways that are not consistent with Israel’s obligations under international law.
The report acknowledges that the Israeli government possesses the necessary knowledge, experience, and tools to implement effective strategies for minimizing harm to civilians. However, the significant number of civilian casualties raises concerns regarding the Israel Defense Forces’ ability to consistently employ these practices in all situations.
The report also highlights that Israel initially did not cooperate with the United States in enhancing the delivery and distribution of humanitarian aid in Gaza during the early stages of the conflict. However, officials have since witnessed positive changes in this regard.
According to the report, the level of assistance provided to Palestinians is still not enough. However, the administration states that the Israeli government is not currently preventing or restricting the transport or delivery of U.S. humanitarian assistance, as defined by U.S. law under the Foreign Assistance Act.
The report’s summary document also highlighted that the NSM-20 played a crucial role in persuading Israel to take necessary actions in order to boost aid for Gaza.
The report focuses on Israel and its activities from October 7th to late April. It also delves into the involvement of other security partners like Ukraine in armed conflicts.
The State Department acknowledged that the administration heavily relied on information provided by Israel in order to compile its findings. However, it also recognized that the complicated nature of the conflict in Gaza posed challenges in uncovering information.
According to a senior official from the Biden administration, Israeli officials were provided with a briefing on the contents of the NSM-20 report at the same time it was presented to Congress.
Sen. Chris Van Hollen, a Democrat from Maryland, expressed his views on the administration’s report on Israel’s weapons use. According to him, the report made some “important general findings,” but failed to address significant concerns regarding compliance with international law.
Van Hollen has consistently expressed his disapproval of Israel’s military operations in Gaza and has continuously urged President Biden to take a stronger stance on Israel regarding humanitarian concerns.
According to Van Hollen, the report concluded that there are reasonable grounds to believe that the Netanyahu government violated international law in its conduct in Gaza. However, he criticized the administration for avoiding the difficult task of making an actual determination.
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