Israeli military officials knew of evidence of war crimes, according to US intelligence.
Documents reveal that Israeli military lawyers warned of legal violations during the Gaza offensive, but the US maintained its support.
247 - In late 2024, U.S. intelligence gathered classified information indicating that Israeli military lawyers had warned their country's government about the existence of evidence that could support war crimes charges related to the Gaza offensive. The operations, which relied heavily on U.S.-supplied weaponry, caused unease among legal officials in Washington.
The report was published by Reuters on Friday (7), based on interviews with five former US officials who closely followed the internal debate during Joe Biden's administration. According to the investigation, the intelligence material, described as "one of the most alarming" shared with senior US policymakers, exposed disagreements within the Israeli army itself about the legality of its actions — in contrast to the country's public defense discourse.
Doubts about legality and internal debate in Washington.
Two former officials reported that the documents were only widely distributed within the U.S. government in December 2024, on the eve of a congressional hearing. The content heightened concerns in the White House regarding the conduct of the war, especially in light of growing allegations of deliberate attacks against civilians and humanitarian workers—practices that, if confirmed, would constitute war crimes.
The intelligence report led to an emergency meeting of the National Security Council, where advisors and lawyers debated the legal implications of continuing to provide weapons and intelligence to Israel. Under U.S. law, a formal finding of war crimes would require the immediate suspension of military support and intelligence sharing.
Despite concerns, the Biden administration concluded there was insufficient evidence that Israel had intentionally violated international law. This interpretation allowed for the continuation of logistical and military support, even though several advisors expressed frustration with what they called "legal loopholes" used to justify a political decision.
Warnings ignored and tensions at the State Department.
Even before the intelligence findings, State Department lawyers were already warning about Israeli conduct. According to five former officials cited by Reuters, these professionals had been warning Secretary of State Antony Blinken about possible violations of international humanitarian law since December 2023.
“They saw their role as justifying a political decision,” said one of the former officials. Another added: “Even when the evidence clearly pointed to war crimes, the letter of emancipation was the need to prove intent.”
In May 2024, an official State Department report acknowledged that Israel “may have violated” international norms by using American weapons in Gaza, but avoided any definitive conclusion, citing “the fog of war.” Blinken, through a spokesperson, merely stated that “the Biden administration has consistently reviewed Israel’s compliance with the laws of armed conflict.”
Deaths, accusations, and political impact
According to Gaza health officials, more than 68 Palestinians have been killed during two years of Israeli offensive, while Israel maintains that at least 20 of these victims were Hamas fighters.
In November 2024, the International Criminal Court (ICC) issued arrest warrants for Prime Minister Benjamin Netanyahu, his former Defense Minister, and Hamas leader Mohammed Deif for war crimes and crimes against humanity. Israel rejected the court's jurisdiction, while Hamas denied committing similar crimes.
Behind the scenes in Washington, advisors feared that a formal conclusion on Israeli war crimes would force the US government to cut its support, which, they said, could "embolden Hamas and weaken ceasefire negotiations." The final position, however, was criticized by Democratic lawmakers.
Senator Chris Van Hollen of Maryland told Reuters that the case demonstrates "a pattern of deliberate blindness by the Biden administration to the use and abuse of American weapons in Gaza."
Israeli reaction and post-Biden context
The Israeli embassy in Washington, through Ambassador Yechiel Leiter, did not comment on the content of the intelligence revealed. Nor did the Israeli prime minister's office respond to requests from the agency.
The current president of the United States, Donald Trump, who took office in January 2025, was informed about the reports, but — according to sources — “showed little interest” in the matter, reinforcing a stance even more aligned with Israel.
As the international debate intensifies, Israel also faces an accusation of genocide at the International Court of Justice, which the country describes as "politically motivated."
