The United States has gathered intelligence that Israeli military lawyers warned there was evidence that could support war crimes charges against Israel for its genocide in Gaza — attacks carried out with American-supplied weapons — five former US officials told Reuters.
The previously unreported intelligence, last year, described by the officials as among the most alarming shared with top policymakers, revealed internal Israeli doubts about the legality of its tactics.
Two of the officials said the information circulated more widely within the US government only in the final weeks of the Biden administration, ahead of a December 2024 congressional briefing.
The revelations heightened concern in Washington as the civilian death toll in Gaza soared, with some officials fearing that US support for Israel could make Washington complicit if war crimes were later proven.
The intelligence led to a National Security Council meeting where officials debated how the US should respond.
A finding that Israel had committed war crimes would have required Washington to halt arms shipments and intelligence sharing under US law.
Red flags
Despite legal concerns, US officials concluded they lacked direct evidence proving Israel had intentionally targeted civilians, allowing continued support.
Several senior officials reportedly feared that cutting aid could embolden Hamas and derail ceasefire talks.
Lawyers at the State Department had raised red flags months earlier, warning Secretary of State Antony Blinken that Israeli attacks violated international humanitarian law.
A May 2024 report from Washington said Israel "may have violated" international law using US-supplied weapons but stopped short of a formal finding.
Israel has denied committing war crimes in Gaza and rejected the jurisdiction of the International Criminal Court, which has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and other leaders.
