US Conducts ‘Thorough Assessment’ of Israel's Targeting of Civilians

Smoke rising from Khan Yunis after an Israeli attack (Reuters)

Washington: Ali Barada
-15 February 2024 AD ـ 04 Sha’ban 1445 AH

The US administration confirmed that it seeks to "thoroughly assess reports" of Israeli civilian harm by authorized recipients of US-provided defense.

The assessment aims to develop appropriate policy responses and drive partners to conduct military operations following international humanitarian law.

The Biden administration has faced criticism for its continued supply of weapons to Israel, with increasing accusations that US-made weapons are being used in attacks that have killed or injured civilians.

US State Department spokesman Matthew Miller was subjected to a barrage of questions regarding the killing or wounding of several Palestinians who hold US citizenship or other innocent people.

Miller said: "We seek to thoroughly assess reports of civilian harm by authorized recipients of US-provided defense articles around the world, including under the Civilian Harm Incident Response Guidance (CHIRG)."

He reported that the US is reviewing incidents in the current conflict according to the process set out in the CHIRG.

CHIRG was established in August last year, just weeks before the Hamas attack on Oct. 7. The guidance sets out a process by which State Department officials investigate specific incidents where US weapons may have harmed civilians.

- 50 incidents

Miller did not specify when the CHIRG process was initiated or how many incidents were being reviewed. But a source familiar with the process said the department was looking at least 50 reported incidents of civilian harm.

"That process is not intended to function as a rapid response mechanism," Miller said.

"Rather, it is designed to systematically assess civilian harm incidents and develop appropriate policy responses to reduce the risk of such incidents recurring in the future and drive partners to conduct military operations according to international humanitarian law."

Miller called on Israel to be held accountable for the killing of US citizens.

"We are monitoring the evolving situation in Gaza. We examine the facts as they are available to us, but I don't have any assessment about those particular strikes," he said.

"But it would in no way change our conclusion, which is that the Government of Israel before it launches any military operation in Gaza – or I'm sorry – in Rafah, needs to have the plan to deal with the humanitarian situation there."

He believed that the Israeli government asked to develop such a plan.

"We think that's appropriate. And we think that once that plan is developed, it needs to be credible, and it needs to be one that they can execute."

- Are there any restrictions?

The process is separate from assessments the State Department sometimes undertakes to determine whether atrocities, including crimes against humanity or even genocide, have been committed in a conflict.

In response to reports that Israel prevented the entry of a shipment of flour from the US, the spokesman said: "We have funded flour that would provide food for 1.5 million Gazans for five months. It is critical that this flour make it to Gaza."

"We had a commitment from the Government of Israel to let that flour go through, and we expect them to deliver on that commitment."

Last week, Biden issued a new national security memorandum that requires countries receiving US security assistance to provide assurances that they will comply with international law and not restrict aid access in conflicts.

The memorandum also requires the Departments of State and Defense to report to Congress whether US-funded weapons have been used in a way inconsistent with international law or with established best practices for preventing civilian harm.

- UNRWA investigation

In response to a question about the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and whether or not Washington will resume its funding, Miller refused to speculate on what Congress might do, but he noted: "We support the work that UNRWA does, not just in Gaza but everywhere else where it operates because it provides humanitarian assistance that is critical."

"The United States has been the largest funder of humanitarian assistance to Palestinians, and we expect to continue funding humanitarian assistance to Palestinians."

The Biden administration "will explore any available alternatives to ensure that humanitarian assistance can continue to flow from the United States to innocent civilians who need it."

He stressed that the suspension of additional funding for UNRWA was done in "good faith because we think it's important to see the results of the investigation."

"It's a legitimate thing for other countries to want to wait and see the investigation results and how UNRWA responds to that investigation."