The US Department of State recently released a report summary stating Israel may have used US-provided weaponry in a manner inconsistent with its International Humanitarian Law (IHL) obligations. However, the State Department could not definitively conclude US weaponry was used in specific incidents.
The US government has received allegations of Israeli IHL violations since the October 7 attacks by Hamas, citing credible UN, NGO, and media reports. Moreover, the report indicates certain Israeli-operated systems, consisting entirely of US-origin items like crewed attack aircraft, could have been part of incidents raising concerns over Israel’s IHL compliance.
That aside, the report could not ascertain whether US weaponry was used in high-profile incidents such as the Israeli attack on a World Central Kitchen convoy, resulting in seven humanitarian workers’ deaths. It notes that Hamas’s habit of embedding in civilian populations, coupled with limited information from Israel, complicates understanding whether individual strikes violate international law.
In addition to Israel, the report also assessed US partners Colombia, Iraq, Kenya, Nigeria, and Ukraine’s compliance with IHL. While some security forces from Iraq, Kenya, Nigeria and Ukraine may have been implicated in human rights violations, no US weaponry sent to these countries was reportedly used in such incidents.
The Israel-Hamas conflict has drawn global scrutiny for its impact on the civilians of both Israel and Gaza. Following the October 7 attacks by Hamas, Israel launched an offensive on Gaza. By January, the International Court of Justice (ICJ) ordered Israel to take all possible measures to prevent breaches of the Genocide Convention in Gaza, and in March, it directed Israel to ensure the provision of humanitarian aid.
Meanwhile, this week saw Israel carrying out strikes on Rafah in Gaza despite international concerns about a potential invasion of the city, currently harboring 1.4 million people.
The NSM-20 report was issued in response to a memorandum by US President Joe Biden in February, ordering the State and Defense Departments to describe whether US-provided weapons and defense services comply with IHL.