By Erin Banco, Jonathan Landay, and Humeyra Pamuk
In a shocking revelation, former US officials have disclosed that American intelligence gathered last year highlighted significant concerns. Specifically, it pointed to warnings from Israel’s military lawyers about evidence that could indicate potential war crimes in Israel’s military operations in Gaza — actions supported by US-supplied arms.
This intelligence, which had not been reported before, was described by insiders as one of the most alarming pieces of info presented to high-ranking US policymakers throughout the course of the conflict. It suggested that there were significant doubts within the Israeli military regarding the legal standing of their strategies, which starkly contrasted with Israel’s public defense of its military actions.
Interestingly, two former US officials mentioned that this sensitive material was not shared widely across the US government until late in the Biden administration, and it came to light more prominently as evaluations were made ahead of a congressional briefing in December 2024.
Navigating complex international drama, this intelligence heightened worries in Washington about Israel’s actions in what it claimed was a campaign to eradicate Hamas fighters strategically positioned within civilian areas. Just to recap, this conflict ignited after Hamas launched an attack on Israel on October 7, 2023, resulting in a serious military escalation. Concerns mounted that Israel had systematically targeted civilians and aid workers, a claim that Israel vehemently denies.
Alarming alarms were ringing among US officials due to the increasing civilian casualty figures in Gaza, leading to suspicions that Israel’s military activities might be stepping over the line of internationally accepted conduct regarding collateral damage.
Details regarding the specific evidence that spurred contention among Israel’s military lawyers, like particular wartime incidents, were not disclosed by the former US officials who spoke to Reuters.
The impact on the ground is significant; Gaza health officials report that more than 68,000 Palestinians have died in the two years of conflict, while the Israeli military asserts that of those, around 20,000 were combatants.
In total, nine former US officials from the Biden administration — including six with direct insight into the emerging intelligence and subsequent discussions within the government — shared their perspectives to Reuters, but they preferred to remain anonymous due to the delicate nature of this matter.
This instance is not isolated. Reports hint at dissent bubbling up within the US government regarding Israel’s actions in Gaza, especially as President Biden’s administration faced its final weeks, coinciding with Trump’s transition into office.
When pressed for a comment regarding the US intelligence and subsequent internal discussions about it, Ambassador Yechiel Leiter, representing Israel in the US, chose not to comment. Neither the office of the Israeli Prime Minister nor the spokesperson for the Israeli military had immediate responses to similar inquiries.
The Intensifying Debate
The sensitive intelligence also sparked a meeting among officials and lawyers at the National Security Council to weigh how to approach the newly unearthed findings.
If official US conclusions reported Israel’s actions as war crimes, it would have sliced through US law prohibiting arms shipments and intelligence exchanges with Israel, severely straining longstanding US-Israel ties. Given how closely Israeli and US intelligence work together, sharing vital regional insights, this was an alarming risk.
During national discussions in December, numerous representatives from different branches, including the State Department and Pentagon, were involved. Biden was given updates on the tension by advisers dedicated to national security.
The White House was tight-lipped when approached for comments, following the precedent of remaining non-communicative regarding intelligence matters, as noted by a State Department spokesperson responding to the inquiries by Reuters.
In spite of the blossoming debate on whether events in Gaza could qualify as war crimes, a consensus among US lawyers concluded that it was permissible under US law for continued support for Israel’s military endeavors since no concrete evidence indicated violations of armed conflict laws.
This line of reasoning claimed that intelligence collected by the US did not ensure that Israeli forces intended to murder civilians or obstruct relief efforts, a vital element in adjudicating legal culpability.
Senior officials in Biden’s administration harbored worries that labeling Israel’s actions as unlawful could potentially bolster Hamas, inhibit pause negotiations, and substantially reroute the political narrative during a politically charged period.
Legal Concerns Raised within State Department
Prior to the gathered intelligence regarding potential war crimes from within the Israeli military’s own channels, lawyers at the State Department consistently articulated their concerns to Secretary of State Antony Blinken. They suggested that Israel’s military strategies might violate international humanitarian law.
Earlier discussions dating back to December 2023 saw State Department legal bureau lawyers convey to Blinken their perceptions that several military actions likely ranked as infringements of such laws.
However, these lawyers stopped short of making levels of legal determinations alleging potential war crime violations, a stance other US officials observed as somewhat indecisive.
One former official commented on the hesitation of the State Department lawyers, saying, “Their focus seemed geared more toward justifying a political stance rather than calling out conditions that necessitated legal accountability.” Even when evidence indicated discrepancies, lawyers could deftly avoid placing the label of ‘intent’ as a qualifying factor for legal action.
The absence of a definitive statement on legal violations within Israel’s military approach was evident in a report circulated by the Biden administration in May 2024, identifying that Israel may have breached humanitarian standards using US weapons in their operation in Gaza. Echoing confusion from the direct horror of war, this report didn’t premiere with a clear viewpoint, citing the unconsolidated nature of information at play.
A spokesperson for Blinken indicated that the Biden administration had continuously monitored Israel’s military maneuvers related to humanitarian laws but offered no commentary pertaining to intelligence specifics.
Growing Global Voicing of Concern
In international circles, the focus sharpened over potential war crimes, one example being the International Criminal Court’s action in November when they issued arrest warrants directed toward Israel’s Prime Minister Benjamin Netanyahu, and defense leaders for crimes associated with the Gaza conflict.
Furthermore, denouncements of war crimes have been mutually dismissed by Israeli authorities and Hamas officials as unwarranted.
Dialogue ensued among US officials back in the tail end of Biden’s stewardship regarding any responsibilities if Israeli officials faced pursuit in international courts due to possible complicity amidst the issues arising from the provided intelligence.
While vocally defending Israel to the public, various US officials discreetly engaged in deliberations, which introduced political dilemmas, especially trending negatively for Democrats amid fraught election campaigns for both Biden and Vice President Kamala Harris.
Biden did not respond to requests for feedback regarding these matters.
In light of the conducted analysis, Senator Chris Van Hollen, known for his critical stance against Israel during the Gaza discussions, emphasized that the Gazette’s emerging reports brought to light what he termed deliberate ignorance from Biden’s end regarding military conduct involving American arms in Gaza.
He further asserts, “The Biden administration turned a blind eye despite pressing evidence that extent absolved US-related arms misuse during the plight in Gaza.”
Amidst this jagged storytelling, Israel corroborates its operational narrative focused on targeting Hamas while asserting that it actively seeks to safeguard civilian life, continuously recalibrating its judicial assertions on military strategies encompassing what they deem educated warfare leveraging clear warnings and precision munitions. As elucidated by an Israeli military representative in September, inquiries concerning approximately 2,000 instances of dubious engagements, alongside civilian casualties, continue to unfold.
