Former US officials reveal internal warnings on Israel’s military tactics in Gaza

Last year, U.S. intelligence indicated that Israel’s own military lawyers had warned of evidence that could support war crimes charges against Israel for its operations in Gaza — campaigns that relied heavily on American-supplied weapons, according to five former U.S. officials, cited by Reuters.

The intelligence, previously unreported, suggested internal doubts within the Israeli military about the legality of its tactics, contrasting sharply with Israel’s public defence of its actions.

Two former U.S. officials said the intelligence was not widely shared within the U.S. government until late in the Biden administration, when it was disseminated ahead of a congressional briefing in December 2024. The revelations heightened concerns in Washington over whether Israel was intentionally targeting civilians and humanitarian workers—a potential war crime that Israel has consistently denied.

U.S. officials were particularly alarmed by the mounting civilian death toll in Gaza, reported at more than 68,000, including at least 20,000 combatants, according to Gaza health authorities. The intelligence did not provide specifics of incidents, but it prompted intense internal debate across the U.S. government.

The revelations led to a National Security Council interagency meeting, involving officials from the State Department, Pentagon, intelligence community, and the White House. President Biden was briefed on the matter by his national security advisers. Under U.S. law, a formal finding that Israel was committing war crimes would have required halting arms shipments and ending intelligence sharing—a significant shift given Israel’s longstanding cooperation with U.S. intelligence.

Ultimately, U.S. lawyers concluded that while the intelligence raised serious concerns, it did not provide sufficient evidence to prove that Israel intentionally killed civilians or blocked aid. Consequently, the Biden administration decided to continue military and intelligence support. Some officials privately worried that a formal war crimes finding could embolden Hamas, delay ceasefire negotiations, and affect political narratives.

Former officials said the Biden administration briefed President Trump’s team on the intelligence before the January transition, but the incoming administration showed little interest and subsequently sided more strongly with Israel.

State Department legal concerns

Even before this intelligence surfaced, lawyers at the State Department repeatedly raised concerns with Secretary of State Antony Blinken that Israel’s conduct in Gaza may have violated international humanitarian law and potentially constituted war crimes. By December 2023, these lawyers had warned that Israel’s military actions likely breached legal norms. However, they stopped short of a definitive legal conclusion, which some officials viewed as politically motivated caution.

A May 2024 U.S. government report reflected this cautious approach, stating that Israel might have violated international humanitarian law while using U.S. weapons but stopping short of a conclusive finding due to the fog of war. Blinken stated that the Biden administration continuously reviewed Israel’s adherence to the laws of armed conflict and U.S. legal requirements.

International legal context

The International Criminal Court (ICC) issued arrest warrants last November for Israeli Prime Minister Benjamin Netanyahu, his former defence chief, and Hamas leader Mohammed Deif for alleged war crimes and crimes against humanity. Israel has rejected ICC jurisdiction and denies committing war crimes, while Hamas has denied wrongdoing.

U.S. officials debated whether continued support for Israel could implicate Washington if Israeli officials faced international charges. Publicly, U.S. officials defended Israel, but privately, intelligence on potential war crimes became a sensitive point of political vulnerability for Democrats. Senator Chris Van Hollen criticised the Biden administration for allegedly ignoring evidence of war crimes enabled by U.S. weapons in Gaza.

Israel’s response

Israel maintains that its military campaign targets Hamas fighters embedded in civilian infrastructure and strives to minimise civilian harm through warnings and carefully chosen munitions. The military is reportedly investigating approximately 2,000 incidents of potential misconduct, including civilian deaths and infrastructure damage, some of which have emerged through the ongoing genocide case at the International Court of Justice.

By Tamilla Hasanova