“Given the nature of the conflict in Gaza, with Hamas seeking to hide behind civilian populations and infrastructure and expose them to Israeli military action, as well as the lack of USG personnel on the ground in Gaza, it is difficult to assess or reach conclusive findings on individual incidents. Nevertheless, given Israel’s significant reliance on U.S.-made defense articles, it is reasonable to assess that defense articles covered under NSM-20 have been used by Israeli security forces since October 7 in instances inconsistent with its IHL obligations or with established best practices for mitigating civilian harm,” the report said.
The report, which covers the period from the outbreak of the war with Hamas on October 7 to late April, did not find that Israel has withheld humanitarian aid to Gaza in violation of US law.
The high-stakes report was transmitted to Capitol Hill on Friday afternoon. The administration was required to make a determination on those two matters under a February national security memorandum, which President Joe Biden issued under pressure from Democratic lawmakers. It was the first time the US government had to make an assessment about Israel’s conduct in the seven months of the war with Hamas in Gaza, triggered by the terror group’s brutal October 7 attack, that has left more than 34,000 people dead and much of the coastal enclave destroyed.
Although the report does not find Israel in violation of either of the terms of the memorandum, it is sharply critical of the toll of Israel’s military campaign. The findings of the report mark another a stark moment in US-Israeli relations in the same week Biden threatened to restrict weapons transfers if Israel goes ahead with a major offensive in Rafah.
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