In a newly released report, the Biden administration acknowledged that it is "reasonable to assess" that U.S. weapons may have been used by Israeli forces in ways that are "inconsistent" with international humanitarian law. However, the report falls short of explicitly stating that Israel violated the law.

The report, drafted by the State Department, revealed that investigations into potential violations are ongoing. It also highlighted the lack of complete information to verify whether U.S. weapons were specifically used in alleged breaches of international humanitarian law.

The nature of the conflict in Gaza, with Hamas using civilian populations and infrastructure as shields and a shortage of U.S. personnel on the ground, has made it difficult to reach conclusive findings on individual incidents. Nonetheless, the report points out that Israel's heavy reliance on U.S.-made defense articles leads to a reasonable assessment that these articles were used by Israeli security forces in ways inconsistent with international humanitarian obligations.

Covering the period from the outbreak of the war with Hamas on October 7 to late April, the report did not find evidence of Israel withholding humanitarian aid to Gaza in violation of U.S. law. However, it sharply criticized the toll of Israel's military campaign.

This assessment comes in the same week that President Joe Biden warned of potential restrictions on weapons transfers if Israel proceeds with a major offensive in Rafah. The report's conclusion that Israel's assurances under the national security memorandum are "credible and reliable" is likely to face scrutiny from lawmakers and human rights organizations.

The report acknowledges the challenge of making swift assessments on whether U.S. defense articles have been used in a manner inconsistent with international law in foreign conflicts. However, it emphasizes that there have been enough reported incidents to raise concerns.

While Israel possesses the knowledge, experience, and tools to implement best practices for minimizing civilian harm, the report questions the effective implementation of these practices based on the high levels of civilian casualties observed on the ground.

The high-stakes report has been transmitted to Capitol Hill, as required by a February national security memorandum. This marks the first assessment made by the U.S. government regarding Israel's conduct during the seven-month-long war with Hamas in Gaza that has resulted in over 34,000 casualties and widespread destruction.

According to a senior State Department official, the report serves as a valuable tool for the Biden administration to press for information and behavior changes from the Israeli government. The report will now be shared with the Israeli government.

As this story continues to develop, further updates will be provided.