Internal State Department Memo: Senior Officials Question Israel's Assurances on Humanitarian Law Compliance with US-Supplied Weapons
A memo reviewed by Reuters reveals that some senior US officials have expressed doubts about Israel's assurances that it is using US-supplied weapons in accordance with international humanitarian law.
These officials believe that Israel's assurances are not credible or reliable.
Other officials, however, continue to support Israel.
Under a National Security Memorandum issued by President Biden, Secretary of State Antony Blinken must report to Congress by May 8 on whether he finds Israel's assurances credible.
Seven State Department bureaus have submitted their opinions in an initial memo, with parts of it being classified.
The memo provides the most extensive picture to date of the internal divisions at the State Department over whether Israel might be violating international humanitarian law in Gaza.
A US official revealed that there were differing opinions within the department regarding Israel's assurances following the Gaza war.
A joint submission from four bureaus expressed concern over Israel's non-compliance with international humanitarian law.
The assessment from the Democracy Human Rights & Labor, Population, Refugees and Migration, Global Criminal Justice, and International Organization Affairs bureaus deemed Israel's assurances as "neither credible nor reliable." The submission cited eight instances of Israeli military actions that potentially violated international humanitarian law, such as striking protected sites and civilian infrastructure, causing disproportionate civilian harm, failing to investigate violations, and killing humanitarian workers and journalists at an unprecedented rate.
The text summarizes the concerns raised by four US government bureaus regarding Israeli military actions that restrict humanitarian aid.
The bureaus cited 11 instances of such actions, including the rejection of entire trucks due to single "dual-use" items, artificial limitations on inspections, and attacks on humanitarian sites.
The Political and Military Affairs bureau warned Blinken that suspending US weapons sales to Israel could limit its ability to meet threats outside its airspace, require a re-evaluation of arms sales to other countries in the region, and invite provocations from Iran and aligned militias.
This highlights the internal debate within the department as they prepare to report to Congress.
A memo raising concerns about Israel's assurances regarding settlement construction in the West Bank was not directly addressed in the response from the State Department.
The Office of the Special Envoy to Monitor and Combat Antisemitism and the US ambassador to Israel assessed Israel's assurances as credible and reliable.
The State Department's legal bureau did not take a position on the matter.
Israel maintains that they are committed to their commitments and implementing the assurances given to the US government.
The State Department declined to comment on the leaked document.
The White House has not commented on allegations that Israel may have violated international law due to the deaths of nearly 32,000 people, with two-thirds being civilians.
Biden administration officials maintain that they have not found Israel in violation of international law.
The State Department is still assessing the credibility of Israel's pledges regarding the situation and has not yet rendered a complete assessment.
Deliberations between the department's bureaus are ongoing ahead of the May 8 report to Congress.
USAID officials have submitted their input, stating that the high number of civilian deaths may constitute a violation of international humanitarian law.
USAID declined to comment on leaked documents.
Senior State Department officials expressed concerns about potential international humanitarian law breaches by Israel, which is planning a military offensive in Rafah, Gaza, despite US warnings.
Israel has faced scrutiny over its military conduct in Gaza, where over 34,000 Palestinians, mostly women and children, have been killed since 2008.
The offensive was triggered by Hamas attacks on Israel in October, resulting in over 1,200 deaths and 250 hostages taken, according to Israel.
In February, a National Security Memorandum was issued after US lawmakers raised questions about Israel's adherence to international law.
The memorandum does not introduce new legal obligations but requests the State Department to obtain written guarantees from countries using US-funded weapons that they are complying with international humanitarian law and not obstructing US humanitarian aid.
The administration is required to submit an annual report to Congress evaluating countries' adherence to international law and unimpeded humanitarian aid flow.
If Israel's assurances are challenged, Biden can respond with various measures, including seeking new assurances or suspending further US weapons transfers.
Biden has the power to impose conditions or suspensions on weapons transfers at any time but has yet to do so despite pressure from rights groups, Democrats, and Arab American organizations.
Recently, he hinted at imposing conditions on Israel if it fails to address the humanitarian crisis in Gaza.