The Biden administration released a report stating that it believes US weapons have been used by Israeli forces in Gaza in ways that are inconsistent with international humanitarian law. While investigations are ongoing, the US does not have complete information to verify specific incidents. The report notes the difficulty in assessing individual instances due to the nature of the conflict in Gaza. However, it concludes that US weapons covered under NSM-20 have likely been used by Israeli security forces in ways contrary to international humanitarian law.
The report covers the period from the outbreak of the war with Hamas in October to late April and did not find Israel in violation of withholding humanitarian aid to Gaza. While the report is critical of Israel’s military campaign, it does not trigger any policy changes or actions against the Israeli government. President Biden had previously threatened to restrict weapons transfers if Israel proceeded with a major offensive in Rafah. The release of the report marks a significant moment in US-Israeli relations.
The report was declassified and transmitted to Capitol Hill, as required by a February national security memorandum issued by Biden under pressure from Democratic lawmakers. Some lawmakers expressed disappointment in the report, criticizing it as a diplomatic dodge and a failure to hold the Netanyahu government accountable. The report has raised concerns among human rights and humanitarian organizations, who have accused the US government of ignoring violations of international law by Israeli forces.
The report acknowledges concerns about Israel’s military operations and the impact on humanitarian actors, particularly citing incidents such as the deadly strike on a World Central Kitchen aid convoy. While the US government has called on Israel to do more to curb civilian casualties and allow aid into Gaza, the report does not find that Israel is prohibiting or restricting the transport or delivery of US humanitarian assistance at this time.
Human rights organizations have criticized the report’s findings, expressing disappointment that the Biden administration is not taking meaningful action to address violations of international law. Amnesty International assessed that US-supplied weapons to Israel have been used in violations of humanitarian and human rights law. Aid organizations also questioned the report’s conclusion that Israel is not impeding aid delivery to Gaza, citing numerous obstructions that have made assistance delivery difficult. The situation in Gaza remains dire, with millions of people facing starvation amid ongoing conflict.
