Progressive lawmakers and rights groups have long warned that by arming the Israel Defense Forces and providing the IDF with more than $21 billion, the US has violated its own laws barring the government from sending military aid to countries accused of human rights abuses and of blocking humanitarian relief.
On Thursday, a classified report by the US State Department detailed for the first time the federal government’s own acknowledgment of the scale of alleged human rights abuses that the IDF has committed in Gaza since it began bombarding the exclave in October 2023.
The Office of the Inspector General’s document, reported on by the Washington Post, which spoke to US officials about it, also detailed how allegations of human rights abuses against the Israeli military are made harder to prove by a vetting process that is only afforded to Israel—not other countries accused of violations.
The US officials said the long backlog of “many hundreds” of possible violations of the Leahy Laws, which bar US military assistance from going to units credibly accused of human rights abuses, would likely take years to review—calling into question whether the IDF will ever be held accountable for them.
“The lesson here is that if you commit genocide and war crimes, do as much as possible because then it becomes difficult to investigate everything,” said journalist and Northwestern University professor Marc Owen Jones grimly in response to the Post’s report.
The government report was described by the Post days after the State Department dismantled a website used to report human rights violations by foreign militaries that receive US aid, which was established in 2022 to ensure the US was in compliance with the Leahy Laws.
The Biden administration flagged at least two 2024 attacks by Israeli forces—one that killed seven World Central Kitchen aid workers and one known as the “flour massacre,” in which more than 100 Palestinians were killed and nearly 800 were injured as they tried to get flour from aid trucks—as ones that may have used US weapons, signaling that continuing US aid to Israel would break the Leahy Laws.
“To date, the US has not withheld any assistance to any Israeli unit despite clear evidence."
A report by Amnesty International last year focused on several IDF attacks on civilian infrastructure—which killed nearly 100 people including 42 children—in which Israel used bombs and other weapons made by US companies such as Boeing.
But just a week after the Amnesty analysis, the Biden administration told Congress in a mandated report that it was “not able to reach definitive conclusions” on whether Israel had used US-supplied weapons in attacks such as the one on the World Central Kitchen workers.
After the report of the new analysis, said University of Maryland professor Shibley Telhami, former President Joe Biden and former Secretary of State Antony Blinken “cannot hide from responsibility” after they persistently defended and funded Israel’s attacks on Gaza.
But along with the long backlog of potential human rights abuses, the so-called Israel Leahy Vetting Forum, which dates back to 2020, is likely to prevent the State Department from reviewing the allegations against the IDF.
The government’s protocol for reviewing allegations against Israel differs from that of other countries; a US working group is required to “come to a consensus on whether a gross violation of human rights has occurred," with representatives of the US Embassy in Jerusalem among those who participate in the working group.
“To date, the US has not withheld any assistance to any Israeli unit despite clear evidence,” Josh Paul, a former State Department official who resigned in the early weeks of Israel’s war on Gaza over the Biden administration’s military support, told the Post.
Shahed Ghoreishi, a former State Department communications official who was fired earlier this year after pushing for the agency to condemn ethnic cleansing and other abuses in Gaza, said it was “predictable” that the State Department declined to answer questions from the Post about the inspector general’s report.
“There may be nothing that can excuse the brushing of crimes under the rug,” said Ghoreishi, “but ducking questions and hoping it goes away (including no more State Department press briefings) is an abdication of responsibility to the American people.”
The inspector general’s report was compiled days before Israel and Hamas reached a ceasefire agreement earlier this month; the deal is still formally in place, but Israel has continued carrying out strikes, killing more than 800 Palestinians since it was signed.
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