Has Israel violated laws in Gaza war? US to answer soon in crucial verdict

Biden administration likely to deliver verdict this week on whether Israeli airstrikes in Gaza and restrictions on aid delivery violate international and US laws

Does Israel's conduct of its war in Gaza comply with US and international laws? A first-of-its-kind formal verdict, due to be delivered by the administration of US President Joe Biden, will attempt to answer soon.  

The Biden administration, which has faced pressure for months now over its military support for Israel's war in Gaza, is due to deliver a verdict this week on whether Israeli airstrikes in Gaza and restrictions on aid delivery violate international and US laws meant to protect civilians during war, The Associated Press reported on Wednesday.  

What does this mean for Israel?   

A decision against Israel wouldn't obligate the Biden administration to cut the flow of money and weapons to Israel's military, but it would add to pressure on President Biden to do so.  

The US has a longstanding and strong security partnership with Israel, which is the largest recipient of US security assistance.  

While US State Department spokesperson Matthew Miller reportedly said that his department was trying to meet the Wednesday deadline for completing the review, he added that it was possible that "it slips just a little bit".  

The review will be coming at a time when a possible Israeli offensive in the crowded Gaza city of Rafah has been opposed by the US.  

In fact, the US reportedly paused a shipment of bombs to Israel last week over concerns that Israel was approaching a decision on starting a full-scale assault on Rafah, against the wishes of the US.  

In essence, this would be the most public official US assessment in decades over whether Israel has used its military support lawfully.  

The timing of the review is also challenging as it comes at a time when Israeli authorities fear that the International Criminal Court could issue arrest warrants against Israeli Prime Minister Benjamin Netanyahu and other top officials on charges related to the ongoing conflict with Hamas. 

Why is the US looking into Israel's conduct in Gaza?  

In February, at the insistence of members of the Democratic Party in the US Congress, the Biden administration had agreed to look into whether Israel had used US-supplied weapons and other military assistance in a lawful manner.  

Under the agreement, the Biden administration must also inform Congress whether it deems that Israel has taken actions to "arbitrarily deny, restrict, or otherwise impede, directly or indirectly", delivery of US-supported humanitarian aid for Gaza's starving civilians.  

Last week, two senior leaders of the US Republican Party urged President Biden to repeal his February directive, which is formally known as National Security Memorandum 20.  

What does US law say?  

Under a congressional Act called the Leahy Laws, if the US finds that a unit of foreign security forces has committed gross human rights abuses, any US aid to that unit is to be automatically suspended.  

According to US Secretary of State Antony Blinken, the US has found credible evidence of such abuses by one Israeli unit, identified as the Netzah Yehuda, and that as of last week at least, Israel had not rectified the unit's wrongdoing.  

Under the Leahy laws, such a rectification must occur for any suspension of military aid to be lifted.   

However, instead of suspending aid, the US will reportedly work with Israel to "engage on identifying a path to effective remediation for this unit".  

What is Israel's stance?  

Israel, and even the Biden administration, have said that Hamas' use of tunnels throughout Gaza, along with the alleged presence of its fighters in hospitals and other protected sites, has made it difficult for the Israel Defense Forces to avoid high civilian casualties.  

US and United Nations officials have said that northern Gaza is in the grips of a full-fledged famine due to both the fighting and Israeli restrictions on food shipments.  

Human rights groups, like Amnesty International, argue that Israel's conduct in Gaza has violated the law and that the high civilian death tolls in Israel's strikes go far beyond the laws of proportionality.  

For its part, Israel says it has been following all international and US laws and that its Gaza campaign is proportional to the existential threat it claims the Hamas poses.   

The ongoing war erupted after Hamas attacked Israel on October 7, leading to 1,200 deaths and 252 people being taken hostage. In response, Israel launched an offensive aimed at eliminating Hamas' military and governance capabilities in Gaza and freeing the hostages, 128 of whom continue to be in captivity. Since then, over 34,000 Palestinians have been killed, according to figures from Hamas health officials. Meanwhile, about 270 IDF soldiers have been killed in the fighting in Gaza. 

(With agency inputs)