The Biden administration, in a statement released on Friday, acknowledged concerns regarding utilization of US-supplied weapons by Israel in situations deemed “inconsistent” with its international humanitarian law obligations.
While asserting credibility in Israel’s assurances that these weapons would be employed in accordance with international humanitarian law, the administration emphasized a lack of complete information to verify whether US weapons were utilized in specific actions alleged to breach international humanitarian law.
Under a new National Security Memorandum (NSM) issued by President Joe Biden in early February, the US State Department was tasked with delivering a report to Congress, evaluating the credibility of Israel’s assurances regarding the lawful use of US weapons.
However, the State Department’s report highlighted a dearth of comprehensive data shared by Israel to ascertain whether US defense articles covered under NSM-20 were specifically involved in actions accused of violating International Humanitarian Law (IHL) or International Human Rights Law (IHRL) in Gaza, the West Bank, or East Jerusalem during the reporting period.
The State Department’s report stated, “Nevertheless, given Israel’s significant reliance on US-made defense articles, it is reasonable to assess that defense articles covered under NSM-20 have been used by Israeli security forces since October 7 in instances inconsistent with its IHL obligations or with established best practices for mitigating civilian harm.”
Israel’s military actions have faced heightened scrutiny as Gaza’s health authorities report the deaths of 34,000 Palestinians, a majority comprising women and children.
Notably, officials within the US State Department have demonstrated division on this issue, with reports indicating that individuals from at least four bureaus within the agency have raised substantial concerns regarding Israel’s conduct in Gaza. In late April, Reuters disclosed that these officials outlined specific examples suggesting Israel might be in breach of international law.
Further amplifying the concerns, rights group Amnesty International released a report in late April alleging that US-supplied weapons furnished to Israel were implicated in “serious violations” of international humanitarian and human rights law. The report detailed instances of civilian casualties and injuries, alongside examples of the use of unlawful lethal force.
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