Recent internal memos from within the US State Department suggest growing concern over Israel’s adherence to international humanitarian law in its actions in Gaza. These memos, reviewed by Reuters, reveal a nuanced and divided stance within the department regarding Israel’s assurances.
By March 24, various State Department bureaus had submitted their contributions to an initial memo for Secretary of State Antony Blinken. Notably, a joint submission from four bureaus expressed serious concerns over Israel’s compliance with international humanitarian law during its prosecution of the Gaza war. This submission deemed Israel’s assurances neither credible nor reliable, citing specific instances of military actions that raised questions about potential violations of international law.
Furthermore, there were concerns raised about Israeli actions that allegedly restricted humanitarian aid efforts in Gaza. The memo highlighted instances where humanitarian aid was impeded, including attacks on humanitarian sites and limitations on aid delivery.
However, not all submissions to the memo expressed skepticism towards Israel’s assurances. Some, including inputs from the Office of the Special Envoy to Monitor and Combat Antisemitism and US ambassador to Israel Jack Lew, assessed Israel’s assurances as credible and reliable.
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The memo also included warnings from the Bureau of Political and Military Affairs about the potential consequences of suspending US weapons sales to Israel. Such a move could impact Israel’s ability to defend itself and may provoke Iran and aligned militias.
Despite these internal discussions, the Biden administration has not yet found Israel in violation of international law. The administration has emphasized the importance of considering a diverse range of views within the State Department on complex issues.
However, there are indications that the administration may take action if Israel’s assurances are deemed insufficient. President Biden has the option to suspend or condition US weapons transfers to Israel, as outlined in a National Security Memorandum issued in February.
As the May 8 deadline for reporting to Congress approaches, further deliberations are underway within the State Department. The ultimate decision regarding Israel’s compliance with international law and the potential ramifications for US weapons transfers remains to be seen.
