Israel likely violated international humanitarian law in Gaza war, U.S. report says

Amna Nawaz:

A highly anticipated report from the State Department concludes the U.S. may continue to send weapons to Israel, despite apparent Israeli violations of international humanitarian law. The findings come just two days after the president said he would suspend shipment of 3,500 bombs to Israel as it now searches forces around Rafah in Southern Gaza.

The administration's says it opposes a full-scale ground invasion of Rafah City, where more than a million Gazans are sheltering.

Here to walk through the details of this report at the end of this eventful week is our Nick Schifrin.

So, Nick, tell us more about this report. What more did it say?

Nick Schifrin:

The National Security Memorandum No. 20 that this report is based on requires the Department of State to obtain — quote — "credible and reliable written assurances" that Israel, as well as half-a-dozen other countries that gets U.S. weapons, are using those weapons in accordance of international humanitarian law and not restricting U.S. humanitarian assistance.

And the report is very critical, as you said, about the former aspect of that — quote — "It is reasonable to assess that defense articles covered under National Security Memorandum 20 have been used by Israeli security forces since October 7 in instances inconsistent with its international humanitarian law obligations."

It also says:

"While Israel has the knowledge, experience and tools to implement best practices for mitigating civilian harm in its military operation, the results on the ground, including high levels of civilian casualties, raise substantial questions as to whether the IDF is using them effectively in all cases."

The report is less critical on humanitarian aid, by the way. "We do not currently assess that the Israeli government is prohibiting or otherwise restricting the transport or delivery of U.S. humanitarian assistance."

But, after all that, the report's bottom line is as you said at the top. The U.S. could have cut off weapons to Israel based on this report, but it did not. The assessment there — quote — "U.S. government currently assesses the assurances provided by each recipient country," again, Israel and half-a-dozen others, "to be credible and reliable."

That is the threshold for this report, so as to allow the provision of defense articles covered under NSM-20 to continue. In other words, the weapons will keep going.

Amna Nawaz:

As we mentioned, a highly anticipated report. So, what kind of reaction are these findings now getting?

Nick Schifrin:

The report makes its final conclusion that Israel's weapons can continue to go, in part because of the nature of fighting Hamas and also what Israel has done internally.

So, Hamas, a terrorist organization, the U.S. describes it hiding in tunnels, hiding among the civilian population, and it describes how difficult an environment of war that is for the Israeli Defense Forces. And it says there are IDF lawyers embedded in what it does and has taken steps to hold itself accountable, including criminal actions against certain officials.

And that's the context that leads former Deputy Assistant Secretary of Defense Dana Stroul to argue the report struck the right balance.

Dana Stroul, Former U.S. Defense Department Official:

Well, this report is saying is that there are instances in which Israel has not achieved or lived up to its obligations, but it's also a professional military who has investigative processes and accountability mechanisms.

And when many of the mistakes have been made over the course of the past seven months, the Israel Defense Forces and the government of Israel have taken corrective measures to address the mistakes and move forward in a way that mitigates civilian harm.

Nick Schifrin:

But others are much more critical of Israel and of the report.

They cite specific instances, including one that the report itself cites, there you see, on the Jabalia refugee camp in October. The report says it killed dozens of children's — children and wounded hundreds, as an example of a violation of international humanitarian law.

The argument there is that Israel should face consequences, says Charles Blaha, who's a former career Foreign Service officer who worked in the State Department's office that monitors if countries comply with international humanitarian law.

Charles Blaha, Former U.S. State Department Official:

The government's report, it said that. The government's report says things like it raises concerns and there are acts that are inconsistent with international humanitarian law.

That is a dodge. What — the conclusions that flow from what even the report says, but certainly from what the task force's report said, is that Israel has violated international humanitarian law in its use of U.S. origin items. And that should be — that should have been the clear assessment of the department's report.

Nick Schifrin:

And so, Amna, the debate will go on, both about what Israel is doing and the report's conclusions. But, again, the U.S. said tonight the weapons will continue.

Amna Nawaz:

Nick Schifrin with the latest on this late-breaking news today.

Nick, thank you.

Nick Schifrin:

Thank you.