Divisions within the State Department have emerged over whether Israel is using American-provided weapons in accordance with international law, ahead of a looming deadline for Secretary of State Antony Blinken to make a determination to Congress.
The State Department is required to certify whether Israel's assurances about its use of US weapons are "credible and reliable" under a national security memorandum issued by President Joe Biden in February. However, officials within the department are not unanimous in their assessment, with some expressing concerns over Israel's actions in the Gaza conflict.
Human rights groups have accused Israel of committing war crimes and abuses during the war, and several hundred officials from Western countries, including some from the US, have raised concerns that their governments may be complicit in war crimes in their support of Israel's fight against Hamas.
The State Department's annual report on human rights raised sharp concerns about war crimes reported in the conflict, including actions taken by Hamas and reports of systemic torture and cruel treatment of Palestinian detainees. While the report does not represent the US government's own conclusions, Blinken said the State Department is looking into the incidents.
The concerns come after Biden signed into law an aid package that includes $26 billion for Israel, including $4.4 billion to replenish defense items and services provided to Israel and $3.5 billion for the procurement of advanced weapons systems and other items through the Foreign Military Financing Program.
Since Hamas' attack on Israel in October, the US has made more than 100 foreign military sales to Israel. However, progressives are growing increasingly frustrated with Biden's support for Israel, as protests over the humanitarian crisis in Gaza spread across the US.
The White House could slow military provisions, curtail monetary assistance, or drastically ratchet up the public pressure on Netanyahu if the US concludes Israel is impeding aid to Gaza and not adhering to human rights laws. However, Biden's unconditional support for Israel's war has at times flagged, and he has threatened Netanyahu with changes to free-flowing support if Israel does not make immediate moves to allow more humanitarian assistance into Gaza.
The State Department official did not give further details about which parts of the department are in favor of accepting Israel's assurances, which are in favor of rejecting them, and which took no position. However, Reuters reported that four bureaus - Democracy, Human Rights and Labor; Population, Refugees and Migration; Global Criminal Justice; and International Organization Affairs - raised "serious concern over non-compliance" with international humanitarian law during the war.
The State Department spokesperson Matthew Miller said in a statement, "We don't comment on leaked documents, especially those purporting to contain classified information. On complex issues, the Secretary often hears a diverse range of views from within the Department, and he takes all of those views into consideration. In this instance, the Department received the assurances that were required by the National Security Memorandum, and we are now preparing a report to Congress."
The deadline for Blinken to make a determination to Congress is May 8, and it remains to be seen whether the State Department will certify Israel's assurances as credible and reliable. The outcome could have significant implications for US-Israel relations and the ongoing conflict in Gaza.
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