The Biden administration is facing a tight deadline to complete a report for Congress this week on whether Israel has violated international humanitarian law during its war in Gaza. The report has sparked internal divisions within the State Department, with doubts over Israel’s assurances regarding the use of US weapons. The timing of the report is crucial as Israel is considering an incursion into Rafah, while Hamas and Israel struggle to reach a ceasefire agreement amidst escalating tensions.
Under pressure from Democrats in Congress, Biden agreed to issue a memorandum examining Israel’s conduct and use of US weapons in the conflict against Hamas. The report prompts countries using US weapons to attest to compliance with international human rights law, with a focus on active conflicts. Secretary of State Blinken must report to Congress on the credibility of Israel’s assurances, although the deadline may be slightly delayed. The report covers the period from January 2023 until present.
The drafted report by the State Department’s Bureau of Political-Military Affairs, with input from other agencies like the Defense Department and National Security Council, is expected to influence US policy. Israeli officials have been in close contact with the administration, concerned that the findings could lead to pressure on US military aid to Israel. The report finding non-compliance by Israel could create uproar within the Netanyahu government, although the Biden administration has yet to take punitive measures or restrict aid.
The report cites serious violations of human rights law by Israel using US weapons, with specific examples like the IDF attack on Jabalya refugee camp. Democrats have urged the administration not to blindly trust Israel’s assurances, calling for evidence to support claims. While the report does not mandate a change in policy, lawmakers like Senator Van Hollen believe a pause in offensive weapons transfers is necessary until Israel addresses humanitarian concerns. Republican lawmakers have criticized the memorandum as bureaucratic and redundant.
Despite warnings from Biden and criticisms by lawmakers, the Biden administration has not implemented punitive measures or restricted military assistance to Israel. Humanitarian officials globally have expressed concerns over violations of international law in Gaza, urging the US to base its assessments on evidence rather than assurances. The report’s completion is of significant importance and will likely influence US-Israel relations and aid policies moving forward.
