A forthcoming report from the U.S. State Department is anticipated to conclude that Israel has not breached the conditions of a U.S. arms agreement, as reported by the Associated Press.
The investigation, which could have necessitated a cessation of U.S. weapons supply to Israel had it found violations of U.S. and international humanitarian law in Israel's conflict with Hamas in Gaza, is expected to criticize Israel's actions in Gaza but not find them in contravention of the U.S.-Israel arms sales agreement.
This report is the outcome of a presidential directive, issued in response to Democratic pressure to determine the legality of the use of U.S.-made weapons by Israel. Senator Chris Van Hollen, a leading advocate for the investigation, stated to The Independent earlier this week, "This report will be a test of the Biden administrations credibility as to whether or not theyre willing to look at all the facts and apply the law to the war in Gaza."
In recent developments, President Joe Biden has explicitly threatened, for the first time, to withhold weapons delivery to Israel if it initiated a significant ground operation in the border city of Rafah. During a CNN interview in Wisconsin on Wednesday, the President confirmed that he would continue to supply defensive weapons, such as the interceptors used for Israel's Iron Dome anti-missile system, even if he halted the supply of munitions like the 2,000 lb bombs he admitted to putting on hold.
"Were going to continue to make sure Israel is secure in terms of Iron Dome and their ability to respond to attacks that came out of the Middle East recently," he stated. "But its, its just wrong. Were not going to were not going to supply the weapons and artillery shells."
President Biden also revealed that he informed Israeli Prime Minister Benjamin Netanyahu that Israel would not receive U.S. support if it targeted population centers. He noted the civilian casualties in Gaza resulting from these bombings and other methods of targeting population centers.
The Independent has previously reported allegations from former State Department and Pentagon officials that the administration's investigations into potential war crimes committed by Israel are being undermined by President Biden's commitment to providing his close ally with substantial military support. These former officials argue that the President's longstanding personal connection to Israel effectively nullifies U.S. laws and regulations concerning U.S. arms sales.
Brian Finucane, who spent a decade in the Office of the Legal Adviser at the State Department advising on arms transfers and the laws of war, stated, "Theres no incentive to investigate if the president and the White House themselves have announced that aid is unconditional." He added that this indicates a reluctance to confront inconvenient legal conclusions.
Charles Blaha, former director of the State Departments Office of Security and Human Rights, which regulates weapons transfers, suggested that investigations into breaches of humanitarian law in the Gaza conflict are likely not being taken seriously, if they are happening at all. "My sense is that people get patted on the head and say, 'this is all very interesting,' But I think the president is the decider here," he said in April.
The State Department has been preparing the report for several months. It was scheduled for delivery on Wednesday but has been postponed.
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