While some officials favor accepting Israel's assurances, others have serious concerns about potential violations of international humanitarian law. A joint submission from four State Department bureaus raised alarm over Israel's military actions during the Gaza war, citing instances of civilian harm and restrictions on humanitarian aid.
However, another submission from the bureau of Political and Military Affairs warned that suspending U.S. weapons transfers to Israel could limit its ability to address security threats and may provoke Iran and its allies. The memo underscores the complexity of the issue as the State Department prepares to report to Congress by May 8.
The memo also reveals input from the Office of the Special Envoy to Monitor and Combat Antisemitism and the U.S. ambassador to Israel, which assessed Israel's assurances as credible. The State Department's legal bureau did not take a substantive position on the matter.
The warnings come amid Israel's plans to launch a military offensive in Rafah, despite warnings from Washington. Israel's military conduct in Gaza has faced scrutiny, with concerns raised about civilian casualties.
The National Security Memorandum issued by President Joe Biden in February requires the State Department to assess whether countries receiving U.S.-funded weapons are adhering to international law. If Israel's assurances are deemed unreliable, Biden could take action to address the situation, including suspending further U.S. weapons transfers.
While Biden has not yet taken such action, he recently threatened to condition U.S. weapons transfers to Israel on improvements in the humanitarian situation in Gaza.
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