Biden admin. investigating potential Israel war crimes despite claiming the opposite - report

These investigations have been reportedly ongoing for months, with the State Department scrutinizing Israeli actions through various channels, including assessing potential human rights abuses.

 John Kirby, White House National Security Council Coordinator for Strategic Communications, speaks to reporters during a press briefing at the White House in Washington, US, November 27, 2023. (photo credit: REUTERS/EVELYN HOCKSTEIN)
John Kirby, White House National Security Council Coordinator for Strategic Communications, speaks to reporters during a press briefing at the White House in Washington, US, November 27, 2023.
(photo credit: REUTERS/EVELYN HOCKSTEIN)

The Biden administration may have been investigating Israel's conduct in the ongoing war for potential war crimes, despite publicly claiming the opposite, the Huffington Post reported on Tuesday.

Recent reports from the Huffington Post indicate that while White House spokesperson John Kirby publicly denied formal assessments of Israel's actions in Gaza, internal sources who spoke to the outlet suggest otherwise.

According to sources familiar with the matter, the State Department has been conducting inquiries into potential violations of international law by Israel, particularly regarding the operation in Gaza.

These investigations have been reportedly ongoing for months, with the State Department scrutinizing Israeli actions through various channels, including assessing potential human rights abuses that may contravene both US and international law.

Moreover, the Defense Department has also reportedly been involved in assessing Israeli conduct in Gaza since at least November, examining whether any apparent violations of international law implicate the United States, as revealed by The Huffington Post.

 US President Joe Biden embraces Prime Minister Benjamin Netanyahu in Tel Aviv on October 18 (credit: EVELYN HOCKSTEIN/REUTERS)
US President Joe Biden embraces Prime Minister Benjamin Netanyahu in Tel Aviv on October 18 (credit: EVELYN HOCKSTEIN/REUTERS)

“For months, US officials have consistently stated that they are not evaluating Israel's adherence to international law in its actions in Gaza,” Annie Shiel, the US advocacy director at the Center for Civilians in Conflict nonprofit, noted.

“These evaluations are essential for the sincere application of US laws and policies, such as the Biden administration's Conventional Arms Transfer policy, which forbids the transfer of arms if the United States determines there is a higher probability that the arms will be utilized to perpetrate or enable serious breaches of international law.”

She contended that it was imperative for thee Biden administration to offer greater detail regarding its understanding of the American contribution to the "catastrophic civilian harm in Gaza" and the obligation of the US to avert additional harm.

Secret investigations lower confidence in US public statements and actions

The revelation of these internal assessments contradicts the Biden administration's public narrative of unwavering support for Israel's military campaign in Gaza. It also raises questions about the legality of US support for Israel and challenges assertions made by administration officials, including Kirby, who recently defended Israel against allegations of misconduct.


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These assessments come in the wake of the International Court of Justice's preliminary ruling, suggesting that Israel may have breached international law in its actions in Gaza. While the Biden administration has not publicly shared its views on potential Israeli excesses, experts argued that these assessments could lead to a more serious discussion about accountability for both US and Israeli actions during the conflict, they told The Huffington Post.

Despite recent statements from President Biden emphasizing adherence to US and international law in military assistance, skepticism remains about the application of these principles to Israel.

The report did not mention exactly what events US has been investigating, or what methods it has been using.