Biden admin fails to produce report on Israel's use of American weapons

White House fails to meet deadline to report to Congress on whether US finds credible Israel's assurances that its use of US weapons in besieged Gaza does not violate US or international law.

A view of M825 and M825A1 artillery shells labeled D528, the US Department of Defense Identification Code for “white phosphorus-based munitions” in Sderot, Israel on October 09, 2023. [Mostafa Alkharouf /Anadolu Agency] / Photo: AA
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A view of M825 and M825A1 artillery shells labeled D528, the US Department of Defense Identification Code for “white phosphorus-based munitions” in Sderot, Israel on October 09, 2023. [Mostafa Alkharouf /Anadolu Agency] / Photo: AA

The Biden administration has missed a Wednesday deadline to report to the US Congress on whether Israel is violating international humanitarian law in Gaza —findings that could fuel concerns over its use of US-supplied weapons against the blockaded Palestinians of the tiny enclave.

A National Security Memorandum, known as NSM-20, that Biden issued in February requires the State Department to report to Congress by May 8 on whether it finds credible Israel's assurances that its use of US weapons does not violate US or international law.

Four sources told the Reuters news agency on Tuesday the administration had informed congressional committees that it would not make the deadline, but hoped to present its findings within days. Two congressional aides claimed they had no indication the delay was tied to political concerns.

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Biden administration has been warned by several lawmakers and senior US officials that Israel's assurances regarding use of US weapons are not 'credible'. 

Protests across US

Reuters reported last month that some senior US officials do not find Israel's assurances credible. The Reuters report, along with investigations by global rights organisations like Amnesty International, has prompted some lawmakers to call on the Biden administration not to tilt the report toward Israel.

"I've had a lot of conversations... with folks in the administration, really urging them to make sure that this report is credible, that it's seen to be based on facts and law and not based on what they would wish it would be," Democratic Senator Chris Van Hollen told reporters.

Washington's provision of military supply to hawkish Prime Minister Benjamin Netanyahu's government has prompted protests across the US demanding that universities and Biden withdraw support for Israel, including sending weaponry.

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'Not credible'

In Washington, many of Biden's fellow Democrats have called for a shift in long-standing US policy of providing unconditional military support to Tel Aviv.

Israel's assurances of compliance with US law are "not credible," said Representative Jason Crow, who last week organised a letter to Biden from more than 80 Democratic lawmakers saying there is sufficient evidence that Israel has violated international law and obstructed US aid deliveries to Gaza.

On Tuesday, sources told Reuters that Biden administration has been holding up certain arms shipments to Israel, in what two of the sources said was an apparent political message to the US ally.

State Department spokesperson Matthew Miller told a news briefing on Tuesday the NSM-20 report was not yet finished but the department was working "very hard" to complete it.

"It's possible it slips just a little bit but we're still, at this point, trying to get it done by tomorrow," he said.

The memorandum bars any recipient of US military assistance from restricting the delivery of humanitarian aid.

The report deadline comes amid concern about famine in Gaza and calls from the United States, other governments, and international bodies for Israel to hold off from a major invasion against Rafah — a refuge to more than 1.4 million Palestinian civilians who fled Israeli bombardment elsewhere in Gaza.

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