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The Biden administration on Friday criticized Israel’s use of US-supplied weapons in its war against Hamas but could not conclusively determine whether the Jewish state had violated international humanitarian law, a new report showed.

The State Department’s National Security Memorandum 20 report indicated that US shipments of weapons to Israel could continue based on the “credible and reliable assurances” it received from Israeli officials that US arms were being used in Gaza in accordance with international law. 

The NSM-20 document noted that it is “reasonable to assess” that US-supplied arms have been used by the Israeli military in ways that are “inconsistent” with US government requirements, but no proof was found of specific violations.  


  Biden’s admin will not conclude Israel violated US weapons agreement terms. REUTERS Biden’s admin will not conclude Israel violated US weapons agreement terms. REUTERS

“Given the nature of the conflict in Gaza, with Hamas seeking to hide behind civilian populations and infrastructure and expose them to Israeli military action, as well as the lack of USG personnel on the ground in Gaza, it is difficult to assess or reach conclusive findings on individual incidents,” the document states. 

“Nevertheless, 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 obligations or with established best practices for mitigating civilian harm,” the report continued. 


The assessment comes amid a standoff between President Biden and Israeli Prime Minister Benjamin Netanyahu over the potential invasion of Rafah, a Hamas stronghold that is also where roughly 1 million Gazan refugees have sought safety.

Biden, 81, recently paused a shipment of 3,500 bombs to Israel out of concern that they would be used in Rafah.

And earlier this week, the president publicly threatened to halt some weapons shipments to Israel if Netanyahu, 74, followed through with plans to penetrate the city. 

Republicans on Capitol Hill blasted the State Department’s report, arguing that it does nothing more than provide “political cover” for Biden. 

“NSM-20 serves no purpose other than to provide political cover to the president with his base,” House Foreign Affairs Committee Chairman Michael McCaul (R-Texas) said in a statement. 

“I am not surprised the administration concluded Israel is in compliance as this self-imposed reporting requirement is wholly redundant and unnecessary, and only contributes to politically-motivated anti-Israel sentiment,” he added. “Hamas started this war with their October 7th attack that murdered 1,200 people. And Hamas has maximized the civilian death toll through its systemic use of human shields. Now is the time for the United States to stand with our ally Israel and ensure they have the tools they need to quickly defeat the terrorists who pose a threat to their very existence.”

Senate Foreign Relations Committee ranking member Sen. James Risch (R-Idaho) accused the Biden administration of trying to kneecap Israel politically with its inconclusive findings. 

“In keeping with nearly four years of failed foreign policy, the Biden Administration is trying to have it both ways,” Risch said in a statement. 

“Today, the administration has given Israel a politically damaging assessment while publicly announcing it is withholding a select set of precision weapons. The administration is attempting to placate voters on the far left at the expense of a close ally in the midst of its justified war with Hamas terrorists,” the senator added.


  The memorandum is expected to be released Friday. Majdi Fathi/NurPhoto/Shutterstock The memorandum is expected to be released Friday. Majdi Fathi/NurPhoto/Shutterstock

Risch further warned that the Biden administration could use future State Department probes to defend withholding military assistance from other US allies. 

“NSM-20 is aimed squarely at Israel in the near-term, but the additional highly-politicized reporting requirements will eventually be aimed at other American allies and partners across the globe, further impeding the delivery of security assistance and undermining our ability to deter China and Russia,” he said. 

The State Department’s report on Israel also delved into the use of US weapons by Colombia, Iraq, Kenya, Nigeria, Somalia, and Ukraine and found no reason to bar arms shipments to any of those countries.  

It was transmitted to Congress nearly seven months after Israel launched its military offensive in the Gaza Strip in response to Hamas’ deadly Oct. 7 attack on Israeli soil, which killed 1,200 people and saw hundreds kidnapped by the terror group. 

Israel’s campaign to root out Hamas terrorists and free the hostages has resulted in the deaths of nearly 35,000 Palestinians, according to the Hamas-run Gaza Ministry of Health, which does not differentiate between fighters and civilians.

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