The U.S. has expressed concerns that Israel may have utilized American-supplied weapons in ways that breach international humanitarian law during its military operations in Gaza. According to the State Department, it is “reasonable to assess” that these arms have been used inconsistently with Israel’s obligations, although it acknowledged that its assessment lacks complete information and that arms shipments could continue.
This report, which was submitted to Congress after a delay, is part of a White House-ordered review examining how the U.S. and six other nations involved in conflict have employed American-supplied arms since the beginning of the previous year.
While the report criticizes certain Israeli actions in Gaza, it stops short of definitively stating that the Israel Defense Forces (IDF) have violated international law. It notes the “extraordinary military challenge” Israel faces in combating Hamas and acknowledges that assurances received from Israel regarding the lawful use of U.S. weapons are “credible and reliable.”
The document also highlights the complexities of the situation, stating that Hamas often uses civilian infrastructure for military purposes, making it difficult to ascertain legitimate targets in an active war zone. However, it argues that given Israel’s heavy reliance on U.S.-made weapons, they have likely been used in ways inconsistent with international humanitarian law and best practices to minimize civilian harm.
The report indicates that while Israel possesses the knowledge and tools to implement effective practices for mitigating civilian casualties, the high levels of civilian deaths raise serious questions about the IDF’s effectiveness in doing so. It cites UN and humanitarian organizations that describe Israeli efforts to mitigate civilian harm as “inconsistent, ineffective and inadequate.”
Additionally, the State Department found that Israel initially did not fully cooperate with U.S. efforts to maximize humanitarian aid into Gaza, although this situation has reportedly improved. The report states, “We do not currently assess that the Israeli government is prohibiting or otherwise restricting the transport or delivery of U.S. humanitarian assistance.”
One contributor to the report, David Satterfield, a former U.S. ambassador to Turkey, described it as unprecedented and emphasized that the U.S. will continue to review Israeli actions.
The report’s release came shortly after President Joe Biden warned that the U.S. might withhold certain munitions from Israel if it proceeded with an offensive against Rafah, the last Hamas stronghold in Gaza, which is densely populated with over a million Palestinians. In response, Israeli Prime Minister Benjamin Netanyahu dismissed Biden’s warnings, asserting that Israel would “stand alone” if necessary.
The United Nations reports that over 80,000 people have fled Rafah since Monday, as Israeli tanks are positioned near populated areas amid ongoing bombardments. Israeli troops have also taken control of the Rafah crossing with Egypt, making it too dangerous for UN staff and supplies to reach the reopened Kerem Shalom crossing with Israel.
Israel initiated its military campaign in Gaza to dismantle Hamas following an attack on southern Israel on October 7, which resulted in approximately 1,200 deaths and 252 kidnappings. Since then, over 34,900 individuals have been killed in Gaza, according to the Hamas-run health ministry.
