US: Israeli Military Lawyers Warn of War Crimes Evidence in Gaza

TEMPO, Jakarta - US-gathered intelligence last year showed that Israeli military lawyers warned of evidence that could support allegations of war crimes against Israel in the Gaza genocide - an operation that relied on weapons supplied by the US, according to five former US officials, as cited by Al Arabiya.

The previously unreported intelligence data-described by the former officials as one of the most shocking pieces of information shared with top US policymakers during the war-shows doubts about the legality of Israel's military tactics.

Two former US officials said that the material was widely circulated within the US government ahead of the December 2024 US Congress briefing.

The intelligence deepened Washington's concerns about Israel's brutality in a war claimed to be necessary to eradicate Palestinian Hamas fighters. US intelligence indicated concerns that Israel deliberately targeted civilians and humanitarian workers under the pretext of eliminating Hamas, a potential war crime that could drag Washington in.

US officials expressed concerns about the findings, particularly as the civilian death toll in Gaza increased. They feared that Israel's operation might violate international legal standards on acceptable collateral damage.

Israel has killed more than 68,000 Palestinian citizens during the two-year genocide, according to Gaza health officials, the majority of the casualties being women and children. The Israeli military claimed at least 20,000 casualties were combatants, but could not provide evidence.

Meanwhile, Gaza authorities reported that a third of the total casualties were children. Gaza authority data was corroborated by the UN and other international organizations.

US Internal Rift

The report was based on interviews with nine former US officials in the administration of then-President Joe Biden, including six with direct knowledge of the intelligence and subsequent debates within the US government. All spoke on condition of anonymity due to the sensitivity of the issue.

Reports of internal US government disagreements over Israel's genocide in Gaza emerged during the Biden presidency. Based on detailed recollections from those involved, the report offers a fuller picture of the intensity of the debates in the final weeks of the administration, which ended with the inauguration of President Donald Trump in January.

The debate became increasingly intense in the final days of the Biden administration.

The intelligence information prompted interagency meetings at the US National Security Council (NSC), where officials and lawyers debated how and whether to respond to the new findings.

US findings that Israel committed war crimes would require, under US law, a halt to future weapons shipments and a cessation of intelligence sharing with Israel. Israeli intelligence agencies have closely cooperated with the US for decades and provided crucial information, particularly about events in the Middle East.

Biden administration discussions in December involved officials from across the government, including the State Department, Pentagon, intelligence community, and the White House. Biden was also briefed on the issue by his national security advisors.

The debate in America about whether Israel committed war crimes in Gaza ended when attorneys from across the US government decided that it was still lawful for the US to continue supporting Israel with weapons and intelligence. They argued that the US had not gathered its own evidence that Israel had violated the laws of armed conflict, according to three former US officials.

They argued that US-gathered intelligence and evidence did not prove that Israel had intentionally killed civilians and humanitarian workers or blocked aid, which are key factors in legal accountability.

Some senior officials in the Biden administration were concerned that an official US finding of Israeli war crimes would force Washington to stop arms and intelligence support-a move they feared could embolden Hamas, delay ceasefire negotiations, and shift the political narrative in favor of the militant group.

President Trump and his officials were briefed by the Biden team on the intelligence but showed little interest in the subject after taking over in January and began to strongly favor Israel, the former US officials said.

Israeli War Crimes

Last November, the International Criminal Court (ICC) in The Hague issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense chief Yoav Gallant, as well as Hamas leader Mohammed Deif, for alleged war crimes and crimes against humanity in the Gaza conflict.

Hamas later confirmed that Israel had killed Deif.

Israel has rejected the jurisdiction of the Hague-based court and denied war crimes in Gaza. Hamas leaders also dismissed accusations that they committed war crimes.

Among the issues debated by US officials in the final weeks of the Biden administration was whether the government would engage if Israeli officials faced charges in international courts, according to those familiar with the debates.

Israel, which is fighting a genocide case in the International Court of Justice, dismissed charges of genocide as politically motivated. They claimed their military strikes targeted Hamas, not civilian Gaza residents. Israel said it had taken steps to minimize civilian casualties and said Hamas fighters hid among civilians.

US officials publicly defended Israel but also privately debated the issue based on intelligence reports, which became a political weak point for the Democratic Party. Biden and then-Vice President Kamala Harris launched a presidential campaign that ultimately failed.

Biden did not respond to requests for comment.

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