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The United States obtained intelligence last year indicating that Israeli military lawyers had internally warned of evidence that could support war crimes charges against Israel over its operations in Gaza — attacks largely carried out using American-supplied weapons, Reuters reported, citing five former US officials. According to the report, the intelligence was among the most striking pieces of information shared with senior US policymakers during the conflict. It revealed internal concerns within Israel’s military about the legality of its campaign, concerns that stood in sharp contrast to Israel’s public defence of its actions. Two former officials told Reuters that the material was not widely circulated inside the US government until late in President Joe Biden’s term, when it was shared more broadly ahead of a congressional briefing in December 2024. The intelligence reportedly deepened unease in Washington about Israel’s military tactics in Gaza, which it has justified as necessary to eliminate Hamas fighters embedded in civilian areas. At the time, some US officials feared that the growing civilian death toll — and reports of strikes on aid workers — could expose Israel to accusations of violating international humanitarian law. Gaza health authorities say more than 68,000 Palestinians have been killed in Israel’s two-year campaign, while Israel claims at least 20,000 of them were Hamas combatants. According to Reuters, the findings prompted tense discussions inside the National Security Council and across the Biden administration. A formal US finding that Israel had committed war crimes would have required Washington, under American law, to halt arms transfers and intelligence cooperation with its long-time ally. Biden and his senior advisers were briefed on the matter, but lawyers across US agencies concluded that Washington lacked its own direct evidence proving Israel had intentionally targeted civilians or blocked humanitarian aid. This allowed continued military and intelligence support to Israel. Some officials, however, believed the administration should have taken a stronger stance against Israel’s actions and America’s role in enabling them. Even before this intelligence surfaced, State Department lawyers had reportedly raised alarms as early as December 2023, warning former US Secretary of State Antony Blinken that Israel’s conduct in Gaza could amount to violations of international law. A later US government report in May 2024 echoed those concerns but stopped short of a definitive conclusion. Last November, the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defence chief, and Hamas leader Mohammed Deif on war crimes charges. Israel rejects the ICC’s jurisdiction and denies committing war crimes, while Hamas has also dismissed the allegations. (With inputs from Reuters)
