Biden administration report won’t say Israel violates international law, official says


The Biden administration is still pulling its punches when it comes to Israel.

President Joe Biden, despite pressure from Democratic lawmakers and his efforts to stop a major Israeli ground operation in Rafah, will not use a much-anticipated report to declare that Israel has violated international laws in its war with Hamas, a current U.S. official and former U.S. official said.

Instead, the administration plans to say that Israel may have acted in ways that are concerning and that it’s “reasonable” to believe that U.S. weapons may have been used in the deaths of civilians, according to the current and former officials, who were granted anonymity to speak ahead of an announcement.

The report, which was originally slated to be released Wednesday, is expected to state that Israel may have used U.S. weapons in ways that are inconsistent with best practices to reduce civilian casualties and international humanitarian laws without going so far as to say Israel is in violation, the official and former official said.

It was still being edited Friday, according to another U.S. official familiar with the document. Another U.S. official said the report was still likely to be released Friday.

The release also comes as Biden recently acknowledged that U.S. bombs had killed civilians in the conflict and has started withholding weapons from Israel to pressure it to avoid a major offensive in the Gaza Strip city of Rafah.

But the findings also are likely to outrage — if not necessarily surprise — Democratic lawmakers, human rights activists, and leaders of non-governmental organizations who say the U.S. cannot keep assisting Israel as it bombards Gaza to root out Hamas militants.

“If, as reported, the Biden administration is determining that Israel is in compliance with international and U.S. law and policy, that is incorrect on the facts, indefensible on the ethics and incoherent strategically,” said Jeremy Konyndyk, president of Refugees International.

Some 35,000 Palestinians have died during the war, according to Hamas-controlled Gazan health authorities who do not distinguish between civilians and combatants. The war began Oct. 7 after Hamas attacked Israel, killing 1,200 people and taking some 250 hostage.

The Biden administration promised months ago to issue the report amid growing pressure from Democrats. The goal of the report was to review whether American-provided weapons are being used in conflicts in ways that violate international laws.

Israel insists it is following the laws of war and humanitarian aid, doing its best to minimize civilian casualties despite the fact that Hamas militants have embedded themselves and their arsenal within Gaza’s civilian population.

But there have been multiple cases where Israeli choices have infuriated U.S. officials. That includes imposing severe restrictions on humanitarian aid allowed to flow into Gaza, where U.S. officials sayfamine has started to take root, as well as an Israeli airstrike thatkilled seven World Central Kitchen workerslast month.

White House spokesperson John Kirby declined to confirm the report’s contents.

“We make clear to any ally or partner who is receiving U.S. military assistance … make sure they understand our expectations for how those weapons are going to be used in the battlefield,” Kirby said.

Asked by POLITICO if the administration purposefully tried to bury the report late on a Friday, Kirby replied: “The eventual submission of this report is based on the speed work that had to get done to get it ready and not some nefarious effort to make it harder for you guys to to report on it.”

News of the report’s contents comes after Biden decided to pause a shipment of weapons to Israel containing thousands of warheads over concern about Israel’s plans to invade Rafah without a credible plan to protect civilians. In an interview with CNN, Biden threatened to halt additional weapons sales if Israel launches a major ground operation in the southern Gaza city.

But Israel is already conducting operations in Rafah, where more than a million civilians are sheltering. Satellite imagery indicates the Israeli forces have already moved beyond the Rafah crossing and into the main area of the city.

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