U.S. Officials Question Israel’s Use of American Arms

Internal Memo Sparks Debate Over Israel’s Use of U.S. Weapons

In a recent development that has revealed a divide within the U.S. State Department, senior U.S. officials have expressed doubts over Israel’s assurances regarding its use of U.S.-supplied weapons. An internal memo, part of which remains classified, indicates that not all officials find Israel’s assurances about adhering to international humanitarian law to be “credible or reliable”.

The memo, which surfaced ahead of a mandated May 8 report to Congress, includes contributions from at least seven State Department bureaus. These submissions reflect differing perspectives on whether Israel might be breaching international humanitarian law, particularly in Gaza. While some department components advocate for accepting Israel’s position, others recommend rejection, and some remain neutral.

A joint submission from four bureaus highlighted “serious concern over non-compliance” with international humanitarian law during Israel’s military actions in Gaza. This assessment pointed to examples of actions that raise questions about potential violations, such as strikes on protected sites and civilian infrastructure, high civilian casualties, and insufficient investigations into these incidents.

Conversely, the bureau of Political and Military Affairs emphasized the potential regional security implications of suspending U.S. arms sales to Israel. They warned that such a move could limit Israel’s defense capabilities and provoke actions from Iran and its militias.

Inputs from the Office of the Special Envoy to Monitor and Combat Antisemitism and U.S. ambassador Jack Lew assessed Israel’s assurances as credible. The State Department’s legal bureau has not taken a substantive stance on the matter.

State Department spokesperson Matthew Miller refrained from commenting on the leaked document but noted that Secretary Blinken considers a range of views on complex issues. Meanwhile, USAID’s input to the memo suggested that the significant civilian death toll in Gaza could constitute a breach of international humanitarian law.

The internal discussions come at a sensitive time as Israel prepares for potential military operations in Rafah, Gaza, despite warnings from Washington. The National Security Memorandum issued by President Biden earlier this year did not impose new legal requirements but sought written assurances from recipients of U.S. weapons regarding their compliance with international humanitarian law.

As the deadline for the report to Congress approaches, further deliberations are expected within the State Department. The outcome could influence future U.S. weapons transfers and shape the Biden administration’s response to compliance with international humanitarian norms.