The Daily Telegraph - Saturday
US: Israel may have broken rules of war
White House report says use of arms may be ‘inconsistent’ with humanitarian legislation
ISRAEL may have used American weapons in ways that violated international law, the US State Department has found.
In a highly-critical report, it concluded it was “reasonable to assess” US arms had been used in Gaza in “instances inconsistent” with international humanitarian law.
However, it stopped short of a specific finding on whether the Jewish state had broken international law which would justify Washington withholding military aid.
A finding that Israel had violated international law would have enabled Joe Biden to restrict arms deliveries, since it would represent a breach of US laws governing arms transfers to foreign militaries.
The conclusions are made in a State Department report which was ordered by Mr Biden in February, a declassified version of which was delivered to Congress and released late yesterday afternoon.
It is unrelated to Mr Biden’s decision to delay a delivery of heavy bombs and other weaponry to Israel amid a public rift between the US president and Benjamin
Netanyahu over his planned ground invasion of Rafah.
The Israeli Prime Minister has remained defiant in the face of Mr Biden’s hardening stance, declaring: “If Israel needs to stand alone, it will stand alone.”It came as Israeli troops appeared to have encircled the east of Rafah yesterday as tanks were seen on a main road bisecting the densely populated city from east to west.
The Israel Defense Forces (IDF) are pressing on with their operation in Gaza’s southern city, as aid organisations warned of dwindling supplies.
Palestinians in western Rafah said they could hear near-constant bombing, as Israeli troops reportedly engaged
‘One specific area of concern is the impact of Israel’s military operations on humanitarian actors’
with Hamas fighters there.
One resident of Tel al-Sultan, in the west of the city, said Israeli tanks were three or four miles away and that everywhere in the city was being targeted with airstrikes.
Heightened IDF activity followed the war cabinet’s decision in the early hours of yesterday morning to expand the operation, according to Israeli media outlets.
At a late-night session, ministers agreed on a “measured” expansion of fighting that would not cross the red lines that the United States indicated could trigger a suspension of weapons supplies to Israel, the Yedioth Ahronoth newspaper reported.
It came as the United Nations and aid groups raised the alarm about an even worse humanitarian calamity unfolding in Gaza as the Rafah crossing – which is used to process aid – remained shut after Israel captured it this week.
The State Department report also noted that while Israel has the tools to mitigate civilian casualties, the high civilian death toll in Gaza raised “substantial
questions” over the IDF’s enforcement of them.
“One specific area of concern is the impact of Israel’s military operations on humanitarian actors,” the report stated.
The report also noted that “Israel has not shared complete information to verify” if US weapons have been used in specific incidents alleged to have involved human rights law violations.
Nevertheless, the report found that Israel’s assurances that it would use US arms in accordance with international law were “credible and reliable”.