In a highly anticipated report delivered to Congress, the U.S. Secretary of State Antony Blinken outlined concerns about potential violations of international humanitarian law by Israeli forces during their military operations in Gaza. The report, known as NSM-20, did not formally conclude that Israel had violated these laws but acknowledged allegations regarding the period from January 2023 to late April 2023.

According to the report's findings, the U.S. lacks complete information on whether U.S. weapons were used during the actions in question. The difficulty of verifying facts on the ground in an active war zone, as well as Hamas' use of civilian infrastructure for military purposes, contributed to this challenge. However, due to Israel's reliance on U.S.-made defense articles, the report noted that there is a reasonable assessment that such articles may have been used inconsistently with international humanitarian law obligations.

The report criticized the Israel Defense Forces (IDF) for potentially falling short of implementing best practices to reduce civilian casualties. It highlighted the high levels of civilian casualties and raised questions about the effectiveness of the IDF's precautionary measures.

While Israel was initially found to have not fully cooperated with the U.S. in maximizing the flow of humanitarian aid, the report acknowledged a substantial increase in Israeli efforts in recent months. However, it deemed the overall level of aid reaching Palestinian civilians as insufficient.

The report also revealed that Israel has opened criminal investigations into allegations relating to deaths, treatment of detainees, and violations of international humanitarian law. However, no known prosecutions for these alleged crimes have been completed. The IDF's fact-finding assessment mechanism continues to examine hundreds of incidents to address possible misconduct during ongoing military operations.

Democratic Senator Chris Van Hollen expressed disappointment in the report, stating that it failed to make a definitive determination regarding Israel's conduct. He criticized the lack of a deeper investigation into alleged violations of international humanitarian law already detailed by credible non-governmental organizations.

Republican Senator Jim Risch criticized the report's findings, claiming that it was politically damaging for Israel and accused the administration of prioritizing appeasement of the far left.

The report comes at a critical time in Israel's military campaign in Gaza, with President Biden acknowledging that civilians have been killed as a consequence of certain bombs. The administration paused one shipment of 2,000-pound bombs to prevent them from being used in a major operation, but defensive weapons like the Iron Dome system would still be provided to Israel.

The NSM-20 report is a compendium of views from various bureaus, diplomatic officials, and input from the Pentagon and White House. It demanded written commitments from countries receiving U.S. military aid, including Israel, regarding their compliance with U.S. and international humanitarian law.

The report’s delivery slightly exceeded the self-imposed deadline, as officials wanted to ensure its accuracy. It now serves as a basis for discussions and decisions regarding Israel's military operations and U.S. military aid in the region.

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