Quick Hit:

The Biden Administration is reportedly investigating potential war crimes committed by Israel in Gaza, despite public claims to the contrary. 

Key Details:

• White House spokesman John Kirby told reporters on January 4th, "I’m not aware of any kind of formal assessment being done by the United States government to analyze the compliance with international law by our partner Israel.”
• Despite Kirby's statement, sources told the Huffington Post that the State Department is probing Israeli actions in Gaza that may have violated international law.
• The revelation of these investigations highlights yet another disconnect between the Biden administration's public support for Israel's Gaza campaign and the awareness among foreign policy officials that the policy could be illegal and implicate U.S. officials in war crimes.

Diving Deeper:

The Biden administration's public narrative has consistently supported Israel's actions in Gaza, bolstering U.S. claims that Israel is respecting global standards for fighting in pursuing Hamas in Gaza. This narrative has been used to undercut the International Court of Justice case arguing that Israel is violating international protections against genocide. However, behind closed doors, U.S. officials have been assessing potential international law violations by Israel for months.

At the State Department, officials are investigating Israeli actions in Gaza that they believe may have broken international law. The State Department is also evaluating Israeli conduct through the Civilian Harm Incident Response Guidance process, a policy introduced by President Joe Biden last fall. This process is intended to monitor whether foreign governments use weapons provided by the U.S. to hurt civilians, and it could unearth evidence of international law violations.

The revelation of these investigations highlights a disconnect between the Biden administration's public commitment to full-scale military and diplomatic support for the Gaza campaign, and the awareness among foreign policy officials that the policy could be illegal and potentially implicate U.S. officials in war crimes. This revelation directly contradicts public statements from White House spokesperson John Kirby, who has ardently rejected criticism of the Gaza policy.