Biden administration says it is 'reasonable' to investigate whether Israel illegally used U.S. weapons in Gaza

The State Department released a six-page report Friday, May 5, concluding that it is "reasonable" to assess whether or not Israel illegally used U.S. weapons in Gaza.

The report, which was written under pressure from several Democratic lawmakers who criticize Israel for its military offensive in Gaza, states that Israeli forces may have used U.S. weapons in Gaza in a manner "inconsistent" with international humanitarian law but also notes that it is impossible to determine whether Israel actually violated the law.

According to the State Department, it is currently investigating whether Israel carried out violations of international law during its military campaign in Gaza following the October 7 terrorist attacks. However, the U.S. did "not have complete information to verify" the alleged violations by Israeli forces.

"Given the nature of the conflict in Gaza, with Hamas seeking to hide behind civilian populations and infrastructure and expose them to Israeli military action, as well as the lack of USG personnel on the ground in Gaza, it is difficult to assess or reach conclusive findings on individual incidents," the report reads.

“ Nevertheless, given Israel’s significant reliance on U.S.-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.”

The report also concluded that there is insufficient evidence to determine whether Israel withheld humanitarian aid to Gaza, an action that would violate U.S. law.

What the State Department criticized pointedly was the cost of the Israeli military campaign. However, it also remarked that Israel, according to its version, is making efforts to mitigate the impact of its offensive in Gaza.

"The IDF has undertaken steps to implement IHL obligations for the protection of civilians in the current conflict, including the requirements related to distinction, proportionality, and precautions in offensive operations. In addition, the Government of Israel has asserted it takes steps to mitigate the risk of civilian harm when conducting military operations, such as providing advance warnings, employing specific procedures for determining targets and carrying out attacks, including choice of weapons and munitions, and implementing restrictive measures to protect sites such as hospitals, schools, places of worship and UN facilities," the report reads.

It continues:

“However, UN and humanitarian organizations and IHL experts have reported Israeli civilian harm mitigation efforts as inconsistent, ineffective, and inadequate, failing to provide protection to vulnerable civilians who cannot or chose not to relocate. While Israel has the knowledge, experience, and tools to implement best practices for mitigating civilian harm in its military operations, the results on the ground, including high levels of civilian casualties, raise substantial questions as to whether the IDF is using them effectively in all cases”.

The report comes at a time of heightened tension between Israel and the United States, with President Joe Biden threatening the historic ally of suspending U.S. arms shipments should Israeli forces decide to carry out a full-scale offensive in the city of Rafah.

However, in the report's conclusions, the State Department does not compel the Israeli government to take any action or prompt it to make a policy change concerning its military campaign.