The Biden administration is urgently completing a crucial report due to Congress this week, assessing whether Israel breached international humanitarian law during its Gaza conflict. The findings could have far-reaching consequences, potentially exacerbating divisions domestically and abroad. The report has been a point of contention within the administration for months, particularly at the State Department, where some departments question Israel's assurances of complying with international law while using US weapons in its 7-month-long conflict in Gaza.
This report will also examine whether Israel hindered the delivery of US humanitarian aid, arriving at a critical juncture in the conflict. Israel is on the brink of entering the southern city of Rafah, a move President Joe Biden has advised against. Meanwhile, Hamas and Israel continue to struggle to reach a ceasefire and hostage release agreement. Several American universities have canceled graduation ceremonies following pro-Palestinian protests on campuses in recent weeks.
Under pressure from Congressional Democrats, Biden agreed in February to issue a new national security memorandum scrutinizing Israel's actions and the use of US weapons in its conflict with Hamas. This memorandum stipulates that all nations using US weapons must confirm they are doing so in line with international human rights law, with an expedited review process for those involved in active conflicts.
Secretary of State Antony Blinken must report to Congress by Wednesday on whether the administration finds Israel's assurances "credible and reliable." However, there are indications that the report may be slightly delayed, according to congressional sources.
"We are working hard to meet that deadline," said State Department spokesperson Matthew Miller on Tuesday, noting that it's the first time the department has prepared such a report. "There is a possibility of a slight delay."
The State Department has not provided many details about the report's production, stating only that "a wide range of the department will contribute to this report." Congressional sources suggest that the report will cover the period from January 2023 to the present. They also indicate that the report was 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.
While the report does not mandate a change in US policy, it could prompt one. Israeli officials are concerned that the findings could pressure Biden to condition US military aid to Israel. The Israeli government has been closely involved in the report's development, according to congressional sources. If the report finds Israel in violation of international law, it could lead to a crisis within the Netanyahu government.
Although Biden administration officials have expressed increasing concern about the humanitarian crisis resulting from the conflict, they have not taken any punitive action or restricted military assistance to Israel. Last month, Biden cautioned Netanyahu that Israel needed to do more to address the humanitarian situation, or else there would be a change in US policy.
Last month, Amnesty International reported that US-supplied weapons to Israel were used in serious violations of international humanitarian and human rights law, which is inconsistent with US law and policy.
An independent task force led by a former State Department official who resigned over US support for Israel and a human rights attorney who is also a Palestinian American activist concluded that Israeli forces had acted in a way that demonstrated a "systemic disregard for fundamental principles of international law" while using US weapons. The report highlighted seven specific violations, including an Israel Defense Forces (IDF) attack on the Jabalya refugee camp on October 9, which resulted in 39 deaths and was found by the United Nations Office of the High Commissioner for Human Rights to have no specific military objective.
Democrats are increasing pressure on Biden not to take Israel's assurances at face value. Last month, over two dozen House Democrats wrote a letter to administration officials, stating that "failing to question, at a minimum, the Netanyahu government's assurances" goes against the purpose of the national security memorandum.
Democratic Sen. Chris Van Hollen, who helped draft the memo Biden signed in February, said, "It's not enough to accept an explanation at face value. We need to see evidence." Although he voted for the recent aid package, which included $15 billion in military aid for Israel, Van Hollen believes that the Biden administration should halt any transfers of offensive weapons to Israel until its demands are met.
One Republican congressional aide predicted that there would be internal strife within the Democratic Party over this issue.
Top Republican lawmakers on the foreign affairs committees in both the House and Senate have criticized the national security memorandum as redundant and bureaucratic, causing frustration among allies that rely on US security assistance.
As of Monday, the report was still being finalized, according to Miller. "We take this very seriously, and there is a lot of work going on at the Department to ensure we fulfill that obligation thoroughly," he said.
"We will make our own assessments not only based on what those governments have told us but also based on what we have observed in our review here at the State Department," he added, noting that Israel provided assurances to the US at the end of March.
Numerous humanitarian officials worldwide have stated that they believe there have been violations of international law. They have shared their views on the memorandum with USAID, the US' lead humanitarian agency, arguing that accepting Israel's assurances would undermine US credibility.
"It is evident that there have been violations," one humanitarian official said. "Why are people starving, and why did you finally decide to drop aid from the sky or build a very expensive port if you yourself had not determined that aid is being blocked?"