HuffPost revealed in a report on Tuesday, February 13, 2024, that the United States has been investigating possible violations of international law by Israel for months, and is continuing its efforts, despite a previous statement by the White House National Security Council spokesman, John Kirby. A month ago, he said that Washington was very confident of the attack launched by Israel against Gaza with the support of the United States, and that the United States did not need to conduct an investigation into the actions of the occupying state.

The newspaper says, according to three informed sources, that officials in the US State Department are conducting investigations into the Israeli actions in the Gaza Strip, which they believe may have violated international law.

A US State Department official familiar with the discussions that took place in recent weeks, speaking to HuffPost, explained that US State Department lawyers have been tracking such examples of violations of international law for months.

Investigations are conducted through several methods

The US State Department is investigating whether Israel, a major recipient of US aid, committed human rights violations that violate US law, according to the official. These violations may also have violated international law.

Officials say the State Department is also assessing Israeli behavior through the Civilian Injury Response Guidance (CHIRG) — a new policy announced by US President Joe Biden last fall — the official and another State Department official said. The operation aims to monitor whether foreign governments are using US-supplied weapons to harm civilians, and may uncover evidence of violations of international law, according to officials.

During a closed briefing organized by the White House National Security Council on Friday, February 9, the National Security Council said that the United States is conducting assessments on whether Israel is complying with international law, which HuffPost learned from a source who was present at the briefing.

While spokesmen for the US National Security Council and the US State Department did not respond to requests for comment on the matter.

A disconnect in the American position

This revelation highlights a disconnect between the Biden administration's stated commitment to the president's policy of comprehensive military and diplomatic support for Israel's war against Gaza, and the awareness among foreign policy officials that that policy may be illegal and may even implicate US officials in war crimes.

Some experts believe that the Biden administration's assessments of alleged Israeli crimes may help create more serious conversations about holding accountable the choices of Israel and the United States during the war against Gaza, and may also help change course.

“For months, US officials have repeatedly said that the United States does not assess whether Israel is complying with international law in its operations in Gaza,” said Annie Shay, of the Center for the Protection of Civilians in Armed Conflict (CIVIC). Such assessments are necessary for the law to be enforced. And US policies in good faith, including the Conventional Arms Transfer Policy approved by the Biden administration itself, prohibit the transfer of weapons when the United States assesses that it is likely that such weapons will be used to commit or facilitate serious violations of international law.”

Annie argued that the Biden team must now provide further clarity on their understanding of the US role in causing “catastrophic civilian harm in Gaza” and the US responsibility to prevent further harm.