Key Takeaways from Biden Administration Report on Israeli Use of US Weapons

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https://www.justsecurity.org/95583/israel-weapons-hamas-us-report-takeaways/

Key Takeaways from Biden Administration Report on Israeli Use of US Weapons

by John Ramming Chappell
May 11, 2024

On Friday, May 10, the Biden administration released its overdue first report required by National Security Memorandum 20 (NSM-20) assessing the conduct of Israel and other foreign governments that receive weapons from the United States. Journalists and lawmakers have especially anticipated the administration’s findings on Israel, but the report also includes assessments of conduct by the governments of Colombia, Iraq, Kenya, Nigeria, Somalia, and Ukraine.

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Below are highlights from the report, followed by deeper context, analysis, and implications.

-The report did not conclude that the United States is required to suspend arms transfers as a matter of law or policy.

-The NSM-20 report concludes that “given Israel’s significant reliance on U.S.-made defense articles, it is reasonable to assess that defense articles covered under NSM-20 have been used by Israeli security forces since October 7 in instances inconsistent with its IHL [international humanitarian law] obligations or with established best practices for mitigating civilian harm.” (Emphasis added.)
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Here's more from the report...

The U.S. government did not find any violations of Section 620I of the Foreign Assistance Act, which bars military aid to any government that “prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assistance.” However, the United States “will continue to monitor and respond.”

Beyond Section 620I, the report notes that the Israeli government has taken actions that “delayed or had a negative effect on the delivery of aid to Gaza” and that “the overall level reaching Palestinian civilians – while improved – remains insufficient.” However, it further finds that in some instances, Israel may have restricted the delivery of humanitarian aid, but did not do so arbitrarily.

The Israeli government “has not shared complete information to verify whether U.S. defense articles covered under NSM-20 were specifically used in actions that have been alleged as violations of [international human rights or humanitarian law] in Gaza, or in the West Bank and East Jerusalem during the period of the report.” Israel did share “some information on specific incidents,” which implicate international humanitarian law, “some details of its targeting choices, and some battle damage assessments.”

The Intelligence Community “assesses that Israel could do more to avoid civilian harm.” Customary international humanitarian law stipulates: “All feasible precautions must be taken to avoid, and in any event to minimize, incidental loss of civilian life, injury to civilians and damage to civilian objects.”