Israel has probably violated international law: that is the conclusion of a US State Department report that is both damning but also cautiously equivocal.
The report, published last night, is highly critical of Israel, but its critics will also consider it intentionally evasive.
The eagerly awaited report (due Wednesday) was written by the US State Department for the US Congress as part of an audit that determines how US-supplied weapons are used. . abroad.
He concludes that it is “reasonable to assess” that some of From Israel actions in Loop have been “incompatible with their obligations under international humanitarian law”.
This is a significant admission by the US government.
But in a feat of legal and verbal gymnastics, the same report also concludes that Israel has not violated the terms for the use of American weapons.
The report is officially called the National Security Memorandum (NSM).
NSMs are published periodically to determine whether countries to which the United States provides weapons have violated the terms for the use of those weapons.
In other words, they determine whether weapons are being used in accordance with International Humanitarian Law (IHL).
Given the accusations against Israel over Gaza, this report is particularly pertinent.
Remember that a significant proportion of the weapons Israel uses in Gaza are provided by the United States.
The key passages:
• “The nature of the conflict in Gaza makes it difficult to assess or reach conclusive conclusions about individual incidents. However, given Israel’s significant dependence on US-made defense items [weapons]”it is reasonable to assess that Israeli security forces have used defense items covered by NSM-20 since 7 October in cases incompatible with their IHL obligations or with established best practices to mitigate harm to civilians.”
• “While Israel has the knowledge, experience and tools to implement best practices to mitigate harm to civilians in its military operations, results on the ground, including high levels of civilian casualties, raise substantial questions about whether the IDF are using them effectively in all cases.”
• “While the United States has had deep concerns during the period since October 7 about Israeli action and inaction that contributed significantly to the failure to deliver sustained and predictable needed assistance at scale, the overall level reaching Palestinian civilians – although improved – remains insufficient, we do not currently assess that the Israeli government is prohibiting or otherwise restricting the transportation or delivery of US humanitarian assistance…”
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The question then is how the US government can conclude that Israel had not violated the terms of the arms transfer agreement, given that it has concluded that it is “reasonable to assess” that some of Israel’s actions in Gaza have been “inconsistent.” with international standards. law?
The US government is hiding behind the fog of war, claiming that it has not evaluated any specific cases in which there has been a clear violation of international humanitarian law.
They have repeatedly told us that they have concerns and have opened investigations with the Israeli government, but that they have not been provided with all the information.
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The incomplete nature of the investigations into their concerns and the lack of a definitive legal conclusion on the incidents allows the US government not to conclude that the terms of the arms deal with Israel have been broken.
U.S. officials also argue that an individual incident or violation alone does not determine a country’s overall compliance with international humanitarian law.
The report also concludes that the United States “does not currently assess that the Israeli government is prohibiting or otherwise restricting the transportation or delivery of U.S. humanitarian assistance.”
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That assessment is now outdated given Israel’s closure of the Rafah and Karem Shalom crossings in southern Gaza, preventing all aid from crossing into the Strip.
Aid agencies had already criticized the delay in publishing the report, with accusations that it was watered down to avoid having to conclude that Israel had violated the arms deal.
With its publication, which finally occurred on a Friday at 5 p.m. Washington time, the White House was accused of trying to bury useless news; something a spokesperson denied.
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