AhlulBayt News Agency: Recently declassified U.S. intelligence has revealed that Israeli military legal advisors had warned of evidence that could support allegations of war crimes against Israel in connection with its war on Gaza, according to five former U.S. officials.
Reuters reported on Friday that this previously unreleased intelligence raised serious concerns among senior U.S. policymakers during Israel’s devastating military campaign in Gaza.
Two former officials stated that the intelligence was not widely shared within the U.S. government until late in President Biden’s term, just ahead of a congressional briefing in December 2024.
Israel’s war on Gaza has resulted in the deaths of at least 68,875 Palestinians and injuries to 170,679 others since October 2023.
The intelligence findings intensified alarm in Washington, as reports emerged that Israel had intentionally targeted civilians and humanitarian personnel.
With civilian casualties mounting, U.S. officials have grown increasingly concerned about possible breaches of international law by Israeli forces. However, the specific evidence referenced by Israeli military lawyers has not been publicly disclosed.
Reuters interviewed nine former U.S. officials from the Biden administration, six of whom had direct knowledge of the intelligence. All requested anonymity due to the sensitivity of the matter.
Internal disagreements over Israel’s actions in Gaza became more visible during Biden’s presidency, revealing deep divisions among officials before Donald Trump’s inauguration in January.
The intelligence prompted deliberations at the National Security Council, where legal experts and officials discussed potential responses. A formal U.S. designation of Israeli war crimes would require halting arms shipments and intelligence cooperation.
In December, the State Department, Pentagon, and intelligence agencies participated in discussions, with President Biden receiving briefings from his national security team.
Despite media inquiries, the White House declined to comment, and a State Department spokesperson stated, “We do not comment on intelligence matters.”
Some U.S. officials criticized the administration’s response, arguing it failed to adequately address the war crimes allegations.
Former officials expressed frustration with the administration’s decision to maintain the status quo, calling for a firmer stance on Israel’s alleged violations and U.S. complicity.
Even before the intelligence surfaced, some State Department lawyers had raised concerns that Israel’s military conduct might breach international humanitarian law. However, December 2023 discussions did not lead to definitive conclusions.
This legal ambiguity was reflected in a May 2024 report by the State Department, which acknowledged potential violations but refrained from formal accusations due to the complexities of wartime assessments.
As global scrutiny of possible war crimes intensified, the International Criminal Court in The Hague issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and others. Israel has rejected the court’s jurisdiction.
Amid ongoing debate over U.S. complicity in Israel’s war on Gaza, criticism has emerged from American lawmakers such as Senator Chris Van Hollen, who pointed to the Biden administration’s perceived failure to act decisively.
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