US State Department questioned on inaction regarding possible Israeli war crimes

US State Department Spokesperson Matthew Miller addressed questions on Wednesday (30 Oct) regarding the ongoing US investigation into alleged war crimes by the Israeli military in Gaza.

Miller described the investigative process as an “undertaking of substantial weight,” emphasizing that it requires thoroughness due to the high stakes and potential diplomatic implications.

At the core of these concerns are potential violations of international humanitarian law, including the alleged misuse of US-supplied weapons.

Miller’s comments follow growing scrutiny as nearly 500 incidents involving potential civilian casualties in Gaza have been identified, yet none have reached a critical review stage—a necessary step for significant findings or actions.

This increased examination comes amid a volatile situation in Gaza, where hostilities between Israeli forces and Palestinian militants, Hamas, have intensified.

Since 7 October, Israel has escalated its military operations in Gaza in response to Hamas attack, conducting airstrikes on refugee camps and imposing restrictions on humanitarian aid.

The assault has resulted in at least 43,000 fatalities and over 101,000 injuries, with women and children constituting a significant portion of the casualties.

Reports from human rights organizations and firsthand accounts suggest that many Israeli strikes targeted densely populated civilian areas, including homes, hospitals, and schools, raising questions about potential violations of international law.

In one of the most concerning cases, the UN Commission investigated the killing of five-year-old Hind Rajab and her extended family, as well as the shelling of a Palestinian Red Crescent Society ambulance, which resulted in the deaths of two paramedics who had been dispatched to assist her.

The Commission found credible grounds to conclude that the Israeli Army’s 162nd Division was responsible for these attacks, deeming them to constitute war crimes involving the willful killing of civilians and attacks on non-combatant facilities.

Throughout the briefing, Miller reaffirmed the US government’s support for Israel, emphasizing that the US consistently urges its ally to minimize civilian harm.

He acknowledged, however, that investigations into these incidents remain ongoing, managed through established US procedures.

Miller noted the complexity of the process, stating that each case involves substantial factual and legal challenges, with conflicting narratives that complicate the attribution of fault.

In response to the journalist’s question on the slow pace of the reviews, some of which date back to incidents from October 2022, Miller cited the recent NSM 20 report.

This report, commissioned by President Biden and overseen by Secretary of State Antony Blinken, acknowledges that some Israeli actions likely do not meet international legal standards.

Miller explained that while the NSM 20 report underscores the US position on minimizing civilian harm, each incident must be rigorously examined to avoid premature conclusions.

He underscored that the investigative process includes gathering detailed factual information, conducting legal assessments, and carefully analyzing contradictory accounts.

Pressed on whether the US is willing to hold its allies accountable for the misuse of American-supplied weapons, Miller asserted Washington’s commitment to accountability across all nations.

However, the journalist raised concerns over the delays, suggesting that they cast doubt on US intentions.

Miller defended the pace, describing the investigative process as an “undertaking of substantial weight,” requiring thoroughness due to the high stakes and potential diplomatic implications.

“We are conducting them thoroughly and aggressively, but we want to get to the right answer, and it’s important that we not jump to a pre-ordained result and that we not skip any of the important fact-finding that we need to do before making what isn’t a pretty significant determination, and that’s what we’re doing.”

Report Highlights US Push for Humanitarian Access in Gaza Amid Escalating Conflict

A report by the Congressional Research Service (CRS) on 17 October, titled Israel and US Aid: Humanitarian Access in Gaza, emphasizes US diplomatic efforts to increase humanitarian aid access to Gaza.

This push occurs as the crisis worsens, with ongoing conflicts in neighboring areas, including the West Bank, Lebanon, Yemen, Iraq, and Syria.

According to the report, US Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin jointly sent a “private diplomatic communication” on 13 October to Israeli Minister of Defense Yoav Gallant and Minister of Strategic Affairs Ron Dermer.

The letter called on Israel to implement “concrete measures” within 30 days to allow for increased humanitarian aid in Gaza, warning that “failure to demonstrate a sustained commitment” could impact US policy under current laws.

In light of the escalating instability, approximately 100 US military personnel have been stationed in Israel to operate a Terminal High-Altitude Area Defense (THAAD) missile defense battery, addressing an air defense interceptor shortage.

The report indicates that the Biden administration has grown critical of certain aspects of Israel’s military operations in Gaza, particularly as Israel and Hamas continue urban warfare within densely populated civilian areas.

The CRS details severe restrictions on food and aid entering Gaza since early October, following intensified Israeli ground operations in response to Hamas activity.

The Integrated Food Security Phase Classification (IPC) reported in September-October 2024 that more than 1.8 million of 2.1 million people in Gaza were experiencing high levels of acute food insecurity, with the risk of famine persisting.

According to the State Department, Israel had improved humanitarian access in April 2024 after US urging, but aid has since fallen to less than 50% of its prior peak.

The CRS report underscores the urgency of addressing humanitarian needs in Gaza amid complex regional conflicts.