The Biden administration is racing to complete a critical report for Congress this week, evaluating whether Israel has violated international humanitarian law during its Gaza conflict. This assessment could have significant repercussions and potentially deepen divisions domestically and internationally. The report, which has been under intense discussion within the administration for months, has already sparked disagreements within the State Department. Some departments are skeptical of Israel's claims that it has used US weapons in Gaza without breaching international law.
In addition to assessing Israel's compliance with international humanitarian law, the report will also examine whether Israel has obstructed the delivery of US humanitarian aid. This comes at a crucial juncture in the conflict, with Israel reportedly on the brink of entering the southern city of Rafah, despite warnings from President Biden to Prime Minister Netanyahu.
Meanwhile, Hamas and Israel are yet to reach a ceasefire or hostage release agreement, and there have been protests on American campuses supporting Palestine, leading several universities to cancel graduation ceremonies.
Under pressure from Democrats in Congress, Biden issued a new national security memorandum in February to review Israel's use of US weapons and conduct during the conflict. The memorandum requires countries using US weapons to confirm they are following international human rights law, with an expedited process for those in active conflicts.
Secretary of State Antony Blinken was initially expected to report to Congress by May 8 on whether Israel's assurances were "credible and reliable." However, the State Department announced it would not meet this deadline.
"We expect to deliver it in the very near future, in the coming days," said State Department Spokesperson Matthew Miller, noting that the department is still finalizing the report.
"We are trying very hard to meet that deadline," Miller added, acknowledging that this is the first time the department has prepared such a report. "It's possible it slips just a little bit."
The State Department has not provided much information about the report's preparation, only stating that "a broad spectrum of the department will contribute to this report." According to congressional sources, the report is expected to cover the period from January 2023 to the present.
The report is believed to have been drafted by the State Department's Bureau of Political-Military Affairs with input from other parts of the agency, as well as the Defense Department and National Security Council.
Although the report itself does not require a change in US policy, it could serve as a trigger for one.
Israeli officials, concerned that the findings could increase pressure to condition US military aid, have reportedly been in close contact with the administration during the report's preparation. If the report concludes that Israel has violated international law, it could spark a crisis within the Netanyahu government.
The Biden administration has been increasingly vocal about the humanitarian crisis resulting from the conflict but has so far refrained from imposing sanctions on Israel. However, officials recently acknowledged the first-known hold on military assistance to Israel. Last month, Biden warned Netanyahu that Israel must do more to address the humanitarian situation, or US policy could change.
Amnesty International and an independent task force have both reported serious violations of international humanitarian and human rights law by Israeli forces using US weapons. The task force, led by a former State Department official and a human rights attorney, concluded that Israeli forces showed a "systemic disregard for fundamental principles of international law" while using US weapons.
Democrats in Congress have urged the Biden administration not to accept Israel's assurances without question. More than two dozen House Democrats wrote to administration officials last month, criticizing any failure to question the Netanyahu government's assurances.
Democratic Sen. Chris Van Hollen, who helped craft the memo Biden signed in February, emphasized the need for evidence before accepting explanations from Israel. Despite voting for a recent aid package including $15 billion in military aid for Israel, Van Hollen suggested pausing transfers of offensive weapons until Israel meets Biden's demands.
One Republican congressional aide predicted internal divisions within the Democratic Party over this issue.
Top Republican lawmakers on the foreign affairs committees in the House and Senate have criticized the national security memorandum as redundant and bureaucratic, potentially straining relations with allies.
As of Monday, the report was still being finalized, according to Miller.
"We'll be making our own assessments not just based on what those governments have told us, but based on what we have seen in our review here at the State Department," he added, noting that Israel provided assurances at the end of March.
Numerous humanitarian officials worldwide have indicated violations of international law, expressing concern that accepting Israel's assurances would damage US credibility.
"It's clear that there have been violations," one official said, questioning why aid was blocked if Israel was compliant.