US finds Israel’s use of weapons in Gaza ‘inconsistent’ with human rights law, but will not cut flow of arms | Biden administration

The US says it is “reasonable to assess” that the weapons it has provided to Israel have been used in ways that are “inconsistent” with international human rights law, but that there is insufficient concrete evidence to link specific US-supplied weapons to violations or to justify cutting off arms supplies.

In a long-awaited report to Congress, the State Department said assurances made by Israel and several other countries under surveillance that they used US-supplied weapons in accordance with international humanitarian law (IHL) were “credible and credible.”

In the case of Israel, the report expresses deep concerns about Israel’s compliance, but says the U.S. does not have enough evidence in individual cases to recommend halting U.S. arms sales.

Democratic critics of Israel, including Sen. Chris Van Hollen, accused the administration of shying away from the tough decisions that would be involved in formally determining Israeli non-compliance.

The report was authorized by a national security memorandum (NSM-20) signed by Joe Biden in February to assess whether US arms recipients are complying with human rights law.

The State Department report found that: “Given Israel’s significant reliance on US-made defense items, it is reasonable to estimate that the defense items covered by the NSM-20 have been used by Israeli security forces since 7 October in cases inconsistent with its obligations under IHL or with established best practices for mitigating civilian harm.’

A senior administration official said that while this assessment reflects the general picture of Israel’s conduct in its war in Gaza, the State Department has not yet definitively determined that a US weapon was used in a specific incident in which the intent or level of negligence constituted a war crime.

Multiple reviews of incidents have been underway at the State Department for months, but if there are any findings, the secretary of state, Anthony Blinkenhas yet to make them public.

The NSM-20 report said: “While we have gained some insight into Israel’s procedures and rules, we do not have complete information to verify whether the US defense items covered by NSM-20 were specifically used in action , which are alleged to be in violation of IHL or international human rights law during the reporting period.”

Similarly, the US found flaws in Israel’s delivery of humanitarian aid to Gaza.

“In the period since October 7, and especially in the early months, Israel has not fully cooperated with the efforts of the United States government and United States government-supported international efforts to maximize the flow of humanitarian aid to and distribution in Gaza,” it said. him.

However, the report also claimed that Israel had “significantly increased humanitarian access”. The senior administration official said the period in question was until the end of April, so it did not cover the subsequent closure of Gaza’s entry points as a result of Israel’s offensive against Rafah, at a time when parts of the coastal strip are facing starvation.

The report comes two days after Biden expressed his own concerns about Israel’s use of US-supplied weapons and suggested they were at the heart of his decision last week to hold up a shipment of particularly powerful US-made bombs.

“Civilians are being killed in Gaza as a result of these bombs and other ways they go after populated areas,” Biden said.

He warned that there would be further restrictions on arms supplies, including bombs and artillery shells, if Israel continues its offensive against Rafah. Israeli Prime Minister Benjamin Netanyahu, however, vowed to continue with the attack.

While Biden has threatened to hold up individual arms shipments, the State Department’s negative assessment in Friday night’s report on Israeli assurances about compliance with IHL could have led to a freeze on assault weapons shipments in general, “until obtaining the necessary guarantees”.

In assessing Israel’s compliance with IHL, the State Department report notes that the military has procedures in place that should mitigate civilian harm, such as the presence of military lawyers in the decision-making process. However, it noted: “Recognition of such investigations and trials takes time, to date [US government] is not aware of any prosecution by Israel for violations of IHL or civilian injuries since October 7.”

In response to the report, Van Hollen, who was instrumental in persuading Biden to release the NSM-20 memo, called it “controversial,” pointing out that he found evidence of wrongdoing while accepting Israeli assurances of compliance as “credible and credible “.

“You find a big gap in the administration’s report when it comes to actually looking at specific instances of the use of weapons,” the senator said. “While the administration reaches this general conclusion, it fails to do the hard work of making an assessment and avoids the core issues that the report is designed to address regarding compliance with international law.”