U.S. Reviews Israeli Pledge to Uphold International Law

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TL/DR –

The State Department has received Israel’s assurances that its use of U.S.-supplied defense equipment does not violate international humanitarian or U.S. human rights law. Israel and the Biden administration are currently in a debate over Israel’s plan for a military offensive in the southern Gaza city of Rafah. If Israel’s assurances are deemed unsatisfactory, Biden has the option to suspend any further U.S. arms transfers.


US Department Examines Israel’s Assurance over Use of Defense Equipment

The State Department has confirmed receipt of Israel’s written assurances that the use of U.S.-supplied defense equipment does not violate international humanitarian or U.S. human rights law. These confirmations must now be assessed by early May for their credibility and reliability, as mandated by a national security memorandum issued by President Biden this February.

Israel’s Plan for Major Military Offensive

The delivery of this assurance letter comes amidst heated debate between Israel and the Biden administration over Israel’s planned major military offensive in southern Gaza. U.S. officials, speaking anonymously, confirmed receipt of the Israeli letter, while an Israeli senior officials’ team is due in Washington next week to discuss the ongoing offensive.

US Military Aid to Israel

Israel remains a significant recipient of U.S. military aid, second only to Ukraine in recent years. The Gaza war has caused the U.S. to expedite delivery of large amounts of bombs and munitions for Israeli air and ground strikes within Gaza.

Concerns over Civilian Casualties and Humanitarian Crisis

Local health authorities report that approximately 32,000 Palestinians, mostly women and children, have died in attacks. Israeli restrictions have also hampered the entry of humanitarian aid into Gaza, prompting warnings of potential famine and disease outbreak from the United Nations and other international aid groups.

Human Rights Violations and Genocide Allegations

Human Rights Watch and Oxfam have urged the Biden administration to rule any Israeli assurances as “not credible” and demand an “immediate suspension” of arms transfers. The International Court of Justice in January also ordered Israel to act against possible genocide in its war in Gaza.

U.S. Weapons Use Assurances

The national security memorandum signed by Biden on Feb. 8 requires more than 70 countries receiving U.S. weaponry, including Israel, to provide “credible and reliable written assurances” of U.S. defense materials’ usage compliance with international humanitarian laws. U.S. officials will assess these assurances, and if found questionable, can suggest steps ranging from seeking additional assurances to suspending further defense article transfers.

Implications for Israel

Should Israel’s assurances be deemed unreliable, any potential restriction on supplying weapons will not apply to defense systems or items intended for purely defensive or nonlethal purposes. However, allegations of violations of international law or inconsistent actions with “best practices” adopted by the U.S. military will be taken into consideration during the assessment.


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