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The Biden administration’s report on whether Israel has violated U.S. and international humanitarian law during the war in Gaza has been delayed indefinitely, three Senate aides and a House aide told POLITICO.
The State Department has been expected to issue a report Wednesday with a determination on whether Israel has violated international humanitarian law since the war in Gaza began. If so, the U.S. would be expected to stop sending Israel military assistance.
But the report won’t be finished by Wednesday, said the aides, granted anonymity to discuss internal communications. In an email, the Biden administration notified the Hill that it will miss the date — without providing a clear reason why.
That’s more definitive than the message from State Department spokesperson Matthew Miller to reporters on Tuesday afternoon. He said that the report wasn’t yet finished, but added: “We are trying very hard to meet that deadline … It’s possible it slips just a little bit, but we are trying to get it done by tomorrow.” Miller noted that the deadline was a self-imposed one rather than a requirement.
Asked why the report is delayed, the National Security Council deferred to State. The State Department didn’t immediately respond to a request for comment.
The report’s delay comes as Israel attacks the southern city of Rafah in Gaza, where some 1.4 million Palestinians are sheltering. Aid groups have warned that any invasion would put the civilians at risk and devastate humanitarian operations. President Joe Biden has warned Israel against conducting a major operation in the city without a plan to protect civilians.
“We have no ground to stand on anymore,” said Hala Rharrit, a former career foreign service officer who worked for State for more than 18 years and resigned last month. The U.S. efforts to bring the war in Gaza to an end are “a failed policy.”
On Monday night, 185 lawyers, including 27 currently in the administration, sent a letter first to top U.S. officials saying that sending weapons to Israel is illegal, according to a copy of the letter obtained by POLITICO.
There’s also growing momentum among Democrats — including Biden’s own allies — to support conditioning assistance to Israel. Last week, 57 Democrats urged the Biden administration to “withhold certain offensive military aid” to deter an invasion of Rafah, and 88 Democrats urged the administration to consider its power to “suspend certain transfers” of offensive weapons to press Israel to allow more humanitarian aid into Gaza.
Among lawmakers’ possible actions include introducing legislation to block arms transfers, demanding an explanation and documentation from the administration, or trying to have the U.S. undergo the process of determining compliance again, Josh Paul, a former State Department official involved with transferring arms to American allies who resigned in November, told POLITICO.
“A lot of people are watching,” said Annelle Sheline, a former foreign affairs officer in State’s Bureau of Democracy, Human Rights and Labor who resigned in March.
Joseph Gedeon contributed to this report.
