The Biden administration’s policy on Gaza has been widely criticised as being in disarray as the defense secretary described the situation as a “humanitarian catastrophe” the day after the state department declared Israel to be in compliance with international humanitarian law.
Washington was also on the defensive on Tuesday over its claim that a UN security council ceasefire resolution on which it abstained was non-binding, an interpretation that put the US at odds with other member states, international legal scholars and the UN itself.
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Analysts said the strain was increasingly showing as the administration sought to maintain a policy that aims to influence Israel’s actions and prevent a full-scale famine in Gaza, while avoiding the use of leverage, like the restriction of arms supplies, which could have political repercussions at home in an election year.
“Gaza is suffering a humanitarian catastrophe and the situation is getting even worse,” Austin told Gallant in remarks in front of the press, calling for a significant expansion in aid deliveries by land.
The US assessment is critical under a national security memorandum issued by Joe Biden in February, known as NSM-20, requiring “credible and reliable written assurances” from countries receiving US weapons that they would use “any such defense articles in accordance with international humanitarian law”.
Miller said there were “ongoing processes” for assessing the legality of Israeli military operations in Gaza, a reference to a review mechanism set up by the administration in September, called Civilian Harm Incident Response Guidance.
“As of yet, we have not made a conclusion that Israel is in violation of international humanitarian law,” Miller said, but added that the review process would continue and that a full report on compliance required by the presidential memorandum was not due until 8 May.
Chris Van Hollen, a Democratic senator, said there was ambiguity about the state department’s position but if it was saying Israel was currently in compliance under the terms of NSM-20, “their decision is totally detached from the reality on the ground, especially with respect to the required standards for the delivery of humanitarian aid into and within Gaza”.
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