The Biden administration faces mounting scrutiny over its lack of response to nearly 500 reports alleging civilian harm in Gaza caused by U.S.-supplied weapons used in Israeli military actions. Despite the State Department’s policy requiring swift action in cases where civilian harm may have occurred due to American arms, none of these reports has resulted in meaningful action. As the humanitarian crisis in Gaza escalates, calls for accountability and adherence to both U.S. and international law intensify.
The U.S. has long provided extensive military support to Israel, delivering over 50,000 tons of weaponry since the October 2023 Hamas-led attack. This massive aid package aims to bolster Israel’s defense capabilities in the ongoing conflict with Hamas. However, as civilian casualties in Gaza have risen sharply, human rights advocates argue that U.S. weapons are fueling humanitarian violations. Legal provisions in the Arms Export Control Act and the Foreign Assistance Act require that U.S. military support must not be used to commit human rights abuses, further raising questions about the Biden administration’s inaction on documented civilian harm.
The 500 reports documenting civilian harm in Gaza include alarming accounts from humanitarian groups, journalists, and even U.S. diplomats. These reports detail incidents where U.S.-manufactured weapons, particularly bombs and missiles, allegedly caused significant civilian casualties, including the deaths of numerous children. Photographic evidence, some showing fragments of U.S.-made bombs found in Gaza neighborhoods, paints a distressing picture of how these weapons are used in densely populated civilian areas.
Although the U.S. State Department’s Civilian Harm Incident Response Guidance dictates that cases should be analyzed and acted upon within two months, over two-thirds of these cases remain unresolved. Each report requires verification from Israeli authorities, a step that has proven to delay or stall investigations indefinitely.
Under the Biden administration’s Civilian Harm Incident Response Guidance, any incident involving civilian harm linked to U.S.-supplied arms goes through three stages: incident analysis, policy impact assessment, and coordinated action. Despite receiving nearly 500 reports of alleged civilian harm in Gaza, none has progressed to the “action” phase.
During a recent press briefing, State Department spokesperson Matthew Miller acknowledged the disturbing reports from Gaza, expressing concern over civilian deaths. However, he assured reporters that “we have not assessed [Israel] to be in violation of the law at this point.” This official stance directly contradicts findings from human rights experts and has led to widespread frustration among advocacy groups, who see the lack of action as tacit complicity in Israel’s alleged violations.
Several legal experts argue that the civilian harm reported in Gaza represents a clear violation of both U.S. and international laws regarding the use of American weapons. William Hartung, an arms industry expert, emphasizes, “It’s almost impossible” for Israel not to be in violation of US law “given the level of slaughter that’s going on, and the preponderance of U.S. weapons.”
The Arms Export Control Act mandates that military support provided by the U.S. cannot be used to violate human rights. However, without active investigation or enforcement, this policy remains largely symbolic. In other conflicts, the US has suspended or reduced arms support to countries accused of abuses, yet similar actions regarding Israel appear off the table.
Amnesty International’s April 2024 briefing on Gaza documented multiple incidents in which Israeli forces used US weapons in strikes that Amnesty contends violated international humanitarian law. One particularly tragic instance involved two U.S.-supplied bomb strikes that killed 19 children in Gaza neighborhoods last year. These reports have been echoed by numerous other humanitarian agencies, which accuse the Biden administration of neglecting its legal obligations.
The Institute for Middle East Understanding (IMEU) strongly condemned the Biden administration’s inaction. Josh Ruebner, IMEU’s policy director, noted that “All the laws and policies that are supposed to prevent U.S. weapons from being used to commit atrocities by foreign countries are being completely ignored by the Biden admin in its rush to continue unimpeded weapons flows to Israel to commit genocide.” His remarks reflect a growing sentiment that U.S. arms policies are rendered meaningless when it comes to allies such as Israel.
The Biden administration’s failure to investigate or act on these reports has provoked widespread criticism and raised questions about the ethical implications of continued U.S. support for Israel’s military. By ignoring extensive documentation of civilian harm, the administration risks undermining U.S. credibility on the global stage and signaling a double standard in its human rights policies. This perceived complicity in Israel’s actions could have lasting consequences for the U.S.’s reputation and relationships within the international community.
Additionally, advocacy groups worry that the lack of accountability may embolden other nations to similarly disregard civilian harm in their military engagements. “When it comes to the Biden administration’s arms policies, everything looks good on paper but has turned out meaningless in practice when it comes to Israel,” says John Ramming Chappell of the Center for Civilians in Conflict.
The nearly 500 cases awaiting investigation represent not only the potential misuse of American arms but also a moral crisis for the Biden administration, which campaigned on promises to uphold human rights. Failing to act on these reports in Gaza could set a dangerous precedent, further eroding trust in the US as a global advocate for humanitarian values.
As Josh Ruebner put it, “All the laws and policies that are supposed to prevent U.S. weapons from being used to commit atrocities by foreign countries are being completely ignored by the Biden admin in its rush to continue unimpeded weapons flows to Israel to commit genocide.”
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