President Biden's recent acknowledgment that American weapons are causing civilian casualties in Gaza seems to signal a shift in U.S. policy towards Israel. This admission came shortly after the Israeli military's actions in Rafah and before an anticipated government report on Israel's compliance with international humanitarian law. Despite expressing concerns about civilian casualties in Gaza, the Biden administration has been criticized for delaying the implementation of laws and policies meant to prevent the misuse of American weaponry.
Biden's stance solidified on Monday when Israel ordered the evacuation of 100,000 civilians from Rafah and seized the border crossing with Egypt, vowing to use "extreme force" against militants. In an interview with CNN on Wednesday, Biden stated, "I made it clear that if they go into Rafah, I'm not supplying the weapons."
While the U.S. has historically been selective in applying international law, experts argue that its current support for Israel's actions in Gaza has led to increased criticism from former officials. Rights groups and humanitarian organizations have documented numerous alleged violations of international law by the Israeli military, including attacks on civilian areas, health facilities, journalists, and aid workers, believed to be carried out with U.S.-made weapons.
The delayed report to Congress mandated by National Security Memorandum-20 (NSM-20) has raised concerns. This report, now promised "in the very near future," is expected to assess whether U.S.-provided weapons have been used in violation of international law or in ways that fail to mitigate civilian harm. An independent panel of experts reported that Israel's military showed "systematic disregard for international humanitarian law" in Gaza, with many incidents involving American weaponry.
The Biden administration's decision to temporarily halt the transfer of certain weapons to the UAE and Saudi Arabia due to their use in Yemen serves as a precedent. However, it remains to be seen whether similar actions will be taken regarding Israel. Critics argue that failing to apply the Leahy Laws — which require cutting off security assistance to foreign military units implicated in gross human rights violations — to Israel undermines U.S. credibility in promoting international criminal justice efforts and accountability.