Biden administration uncertain about past Israeli use of U.S. weapons

The U.S. State Department found it reasonable to assume Israel used U.S.-provided weapons in ways that are inconsistent with international humanitarian law. U.S. intelligence concluded that there is no evidence that Israel is intentionally targeting civilians but that Israel could do more to avoid civilian harm, according to the report. The State Department released the report to Congress late on Friday. The National Security Memorandum, planned since February, had been scheduled for release earlier in the week.

What exactly does the report say about Israel? A declassified version of the report was published online by JustSecurity.org, a nonprofit policy forum based at the New York University School of Law. The report acknowledges that Israeli officials insist that every effort is made to minimize civilian harm in its ongoing war with the terror group Hamas. It also states that Israel has possibly used U.S.-made weapons in ways that go against internationally-set best practices for minimizing civilian harm. It suggests that possibility based on Israel’s significant reliance on these weapons since Hamas attacked on Oct. 7.

Why the uncertainty in the report? The memorandum does not reach a definite conclusion, citing two factors that complicated its investigation. The first complicating factor is Hamas’ ongoing tactic of hiding behind civilian populations and infrastructure. Also, the report said that the United States lacked investigators on the ground in Gaza.

Does the report condemn Israel’s use of U.S.-made weapons? The report takes a nuanced approach, weighing Israel’s tactics in its war with Hamas against the steps the country has taken to ensure minimal civilian casualties. The report also notes that Israel has ongoing investigations attempting to hold individuals criminally responsible for any use of weapons that violate international humanitarian law.

Dig deeper: Read A.S. Ibrahim’s column in WORLD Opinions about the case for an Israeli assault on the southern Gaza city of Rafah.