The U. S. gathered intelligence indicating that Israeli military lawyers believed there was evidence supporting war crimes charges against Israel due to its operations in Gaza, which used American-supplied weapons. This intelligence raised concerns among U. S. officials regarding the legality of Israel’s military tactics, contrasting with Israel’s public defense of its actions.
The information was not widely shared within the U. S. government until late in the Biden administration, coinciding with a congressional briefing in December 2024. There were worries in Washington about Israel’s conduct, especially following the October 7, 2023, Hamas attack on Israel. Concerns included accusations of Israel intentionally targeting civilians and humanitarian workers, which may constitute a war crime, a claim Israel has denied.
U. S. officials were particularly alarmed by the rising civilian death toll in Gaza, suggesting potential violations of international law standards. Although the former U. S. officials did not detail specific incidents that led to these concerns, reports of dissent regarding Israel’s actions emerged during Biden’s presidency.
Representatives from the Israeli government declined to comment on the U. S. intelligence findings and the related internal discussions within the Biden administration.
An interagency meeting at the National Security Council was held to discuss recent intelligence findings regarding Israel’s actions in Gaza. The U. S. could have had to stop arms shipments and intelligence sharing with Israel if a finding determined that Israel was committing war crimes. This is because U. S. law requires such actions under those circumstances. The Biden administration held discussions involving various government officials, including those from the State Department and the Pentagon. The White House declined to comment, stating that it does not discuss intelligence matters.
Lawyers from across the U. S. government determined that the U. S. could legally continue supporting Israel as there was no evidence proving that Israel had intentionally harmed civilians or blocked aid. Some senior administration officials were concerned that formally acknowledging Israeli war crimes could lead to a reduction in support, potentially strengthening Hamas, which had launched a deadly attack on October 7, 2023, leading to Israel’s military response.
Some individuals within the administration felt frustrated with the decision not to criticize Israel more openly and argued that the U. S. should address Israel’s alleged abuses. Following the transition to the Trump administration in January, officials did not show much interest in the intelligence on Israeli actions and leaned more toward supporting Israel. Before collecting military intelligence, State Department lawyers had raised concerns about potential war crimes by Israel in meetings with Secretary of State Antony Blinken.
By December 2023, State Department lawyers indicated that Israel’s actions in Gaza might violate international humanitarian laws and possibly constitute war crimes. However, they did not arrive at a definitive conclusion about violations of the law, leading some to believe the legal department was avoiding a stronger stance. A U. S. government report in May 2024 acknowledged that Israel might have violated international law but refrained from making a conclusive assessment due to the complexities of war.
Secretary Blinken stated that the administration was continuously reviewing Israel’s adherence to conflict laws but also declined to comment on intelligence issues. The International Criminal Court (ICC) in The Hague issued arrest warrants for Israeli and Hamas leaders for alleged war crimes related to the Gaza conflict, but Israel rejected the court’s authority and denied any wrongdoing.
Debates among U. S. officials included concerns over U. S. complicity if charges were brought against Israeli officials internationally, placing political pressure on Democrats. Senator Chris Van Hollen criticized the Biden administration for ignoring evidence of war crimes committed with U. S. weapons in Gaza. The Israeli government, which is currently involved in a genocide case at the International Court of Justice, denies all allegations and asserts that its military operations focus on Hamas while trying to minimize civilian harm, even as investigations into potential misconduct are ongoing.
With information from Reuters