The Biden administration has found that Israel’s use of U.S.-provided weapons in Gaza likely violated international humanitarian law but was unable to definitively link specific U.S. weapons to individual attacks by Israeli forces. The administration acknowledged that while Israel has the capability to minimize harm to civilians, the high number of civilian casualties in Gaza raised questions about the effectiveness of their efforts. This assessment comes after months of airstrikes, ground fighting, and aid restrictions in Gaza that have resulted in nearly 35,000 deaths, mostly women and children.
International human rights groups and a panel of experts have pointed to numerous Israeli airstrikes as potential violations of the laws of war and humanitarian law. These strikes targeted aid convoys, medical workers, hospitals, journalists, schools, refugee centers, and other protected sites, leading to a disproportionate civilian death toll. Israel maintains that it follows U.S. and international law, investigates allegations of abuse by its security forces, and that its campaign in Gaza is proportionate to the threat posed by Hamas.
While some lawmakers, such as Rep. Michael McCaul, argue that the review contributes to anti-Israel sentiment and undermines its ability to defend itself, others, like Sen. Chris Van Hollen, believe the administration is avoiding difficult cases. Van Hollen accused the administration of overlooking clear Israeli impediments to food and aid deliveries during the conflict, leading to a dire humanitarian situation in Gaza. The Biden administration faces pressure from Democrats to cut off offensive weapons to Israel while also dealing with backlash from Republicans for perceived wavering on support for Israel.
The review initiated by President Joe Biden called for an assessment of whether U.S.-provided weapons were being used in a manner consistent with international law, including humanitarian law. The agreement also required an evaluation of Israeli actions related to the delivery of humanitarian aid to starving Palestinians in Gaza. While the report expressed deep concerns about Israeli restrictions on aid deliveries, it did not find that Israel had violated U.S. laws governing foreign militaries that receive U.S. military aid.
Critics of the U.S. response to Israeli actions argue that there is a double standard in enforcing U.S. laws governing the use of U.S. support by foreign militaries, an accusation that the Biden administration denies. The findings of the review, which fell short of definitively ruling that Israel had violated international law, may not place additional pressure on Biden to limit weapons and funding to Israel or further strain relations with Prime Minister Benjamin Netanyahu’s government. The review was initiated to address concerns from Democratic lawmakers and Sen. Bernie Sanders regarding the U.S. role in providing military support to Israel during the conflict.
Israel launched its offensive in Gaza following an attack by Hamas that killed around 1,200 people, leading to a significant number of civilian casualties. The resulting famine in northern Gaza was exacerbated by Israeli restrictions on food shipments. Human rights groups have long accused Israeli security forces of abuses against Palestinians, with calls for accountability from Israeli leaders. The Biden administration has taken steps to signal potential consequences for Israeli actions, including threats to cut military aid if changes are not made in the handling of the conflict and humanitarian aid.
