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  • Tue, 19 Aug 2025

US: Israel's Use of American Weapons in Gaza May Breach International Law

US: Israel's Use of American Weapons in Gaza May Breach International Law

The US has suggested that Israel might have utilized American-provided weaponry in manners that potentially violate international humanitarian laws during the Gaza conflict. 

 

 

The State Department deems it "reasonable to assess" such usage as inconsistent with Israel's obligations, although it acknowledges a lack of comprehensive information. 

 

This report, commissioned by the White House, was submitted to Congress following a delay. The review scrutinized the utilization of US-supplied arms by seven nations, including Israel, since the beginning of the previous year.

 

While the report was a clear rebuke of some Israeli operations in Gaza, it stopped short of definitively saying that the Israel Defense Forces (IDF) campaign had breached international law.

 

Israel had had to confront an "extraordinary military challenge" fighting Hamas in Gaza, it said.

 

And it added that assurances it had received from Israel about adhering to the legal use of US weapons were "credible and reliable", and so weapons shipments could continue.

 

The document also noted that because Hamas "uses civilian infrastructure for military purposes and civilians as human shields", it was often "difficult to determine facts on the ground in an active war zone" of what are legitimate targets.

 

However, given Israel's significant reliance on US-made weapons, they had probably been used "in instances inconsistent with its IHL [international humanitarian law] obligations or with established best practices for mitigating civilian harm".

 

It added that "Israel has the knowledge, experience, and tools to implement best practices for mitigating civilian harm in its military operations", but that "results on the ground, including high levels of civilian casualties, raise substantial questions as to whether the IDF is using them effectively in all cases".

 

The report said the UN and humanitarian organisations had described Israeli efforts to mitigate civilian harm as "inconsistent, ineffective and inadequate".

 

The state department found that Israel did not fully co-operate with US efforts to "maximise" humanitarian aid into Gaza in the initial months of the conflict. It said, however, that this situation had changed.

 

"We do not currently assess that the Israeli government is prohibiting or otherwise restricting the transport or delivery of US humanitarian assistance," the report said.

 

David Satterfield, a former US ambassador to Turkey and a contributor to the report, described it as unprecedented, emphasizing ongoing scrutiny of Israeli actions. 

 

He underscored the complexity of the conflict and the thoroughness of the assessment. The report's release followed US President Joe Biden's public warning to withhold specific munitions from Israel if it attacked Rafah, Hamas's last stronghold in Gaza. Israeli Prime Minister Benjamin Netanyahu, however, dismissed Biden's warning, asserting Israel's readiness to act independently if necessary.

 

More than 80,000 people have fled Rafah since Monday, the UN says, with Israeli tanks reportedly massed close to built-up areas amid constant bombardment.

 

Israeli troops took control and closed the Rafah crossing with Egypt at the start of their operation, while the UN said it was too dangerous for its staff and lorries to reach the reopened Kerem Shalom crossing with Israel.

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