TL/DR –
Secretary of State Antony Blinken has delivered a report to Congress suggesting that Israeli forces may have violated international humanitarian law during operations in Gaza, although the report stops short of formally claiming they did so. The report notes that due to Israel’s heavy reliance on U.S.-made defense weaponry, these arms could have been used in a manner inconsistent with international humanitarian law or established best practices for reducing civilian harm. The report also criticizes the Israel Defense Forces (IDF) for potentially falling short of using well-known best practices for reducing civilian casualties, but also reveals that Israel has opened several criminal investigations into these allegations.
US Report Accuses Israel of Potential Violations of International Law
Congress received a report from Secretary of State Antony Blinken on Friday accusing Israeli forces of potentially violating international humanitarian law in their operations in Gaza. However, the report did not explicitly state that violations had occurred, citing a lack of complete information and the challenges of determining facts within an active war zone.
Despite allegations of Israel violating international humanitarian law between Jan. 1, 2023, and late April, the U.S. could not definitively establish whether U.S. weapons were used in these actions. The report mentioned the significant reliance of Israel on U.S-made defense articles, suggesting their possible misuse.
The report acknowledges recent improvement in Israel’s efforts in facilitating the flow of humanitarian aid but criticizes its earlier lack of cooperation. It also highlights the unmet aid requirements of the Palestinian civilians and clears Israel of any allegations of restricting the delivery of U.S. humanitarian assistance within applicable U.S. law.
The report criticizes the Israel Defense Forces (IDF) for potentially falling short of following best practices to reduce civilian casualties. It raises questions about the effectiveness of IDF’s practices in light of high civilian casualties. Nonetheless, it mentions that Israel has initiated several criminal investigations into allegations related to detainee’s treatment, deaths, and violations of international humanitarian law.
The report acknowledges Israel’s efforts in warning Gazan civilians about military operations and its system for identifying civilian locations. But it also points out the high rate of civilian harm, questioning the efficacy of Israel’s precautionary measures.
The report, known as NSM-20, includes input from various bureaus, diplomatic officials, the Pentagon, and the White House. It required written commitments from all countries receiving U.S. military aid, ensuring the weapons’ use aligns with U.S. and international humanitarian law and facilitating the delivery of U.S. humanitarian assistance.
The report’s release comes during a critical phase of Israel’s seven-month-long military campaign in Gaza. In line with a policy shift, President Biden paused a shipment of bombs to Israel, acknowledging civilian casualties caused by these bombs.
Democratic Sen. Chris Van Hollen and Republican Senator Jim Risch criticized the report’s findings, expressing disappointment and concerns about its potential political damage for Israel, respectively.
The report’s release comes amidst escalating violence in Gaza, with nearly 35,000 Palestinian civilians killed since the onset of Israel’s military campaign. Dozens of Democratic lawmakers have accused Israel of violating U.S. law under the Foreign Assistance Act and are pushing for penalties. Human rights organizations and an independent task force also report a pattern of violations by Israel.
The State Department has ongoing investigations into Israel’s conduct, including the Civilian Harm Incident Response Guidance (CHIRG), established in August 2023. The department confirmed in February that incidents in Gaza involving potential civilian harm caused by American weapons were under review.
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