US State Department reviewing reports of civilian harm by Israeli forces in Gaza

Source says officials examining at least 50 incidents under guidance issued last year that lays out process for probing cases in which civilians may have been harmed by US weapons

State Department spokesperson Matthew Miller answers questions during a news briefing at the State Department on July 18, 2023, in Washington. (AP Photo/Nathan Howard)
State Department spokesperson Matthew Miller answers questions during a news briefing at the State Department on July 18, 2023, in Washington. (AP Photo/Nathan Howard)

WASHINGTON — The United States is reviewing reports that Israel has harmed civilians in its war against Hamas in Gaza under a set of guidelines aimed at ensuring countries receiving US arms conduct military operations in line with international humanitarian law, State Department spokesperson Matthew Miller said Tuesday.

“We do seek to thoroughly assess reports of civilian harm by authorized recipients of US-provided defense articles around the world,” Miller said at a press briefing, adding that a process under the State Department’s Civilian Harm Incident Response Guidance (CHIRG) was assessing incidents in the current conflict.

CHIRG was established in August last year, just weeks before Palestinian terror group Hamas killed some 1,200 people and took 253 hostages during a devastating attack in southern Israel on October 7. In response, Israel launched an offensive in Gaza aimed at toppling Hamas and returning the hostages. According to Hamas health authorities, more than 28,000 Palestinians have been killed and over 68,000 wounded in the Israeli military campaign, a figure that doesn’t differentiate between combatants and civilians.

The guidance sets out a process by which State Department officials investigate specific incidents where civilians may have been harmed by US weapons.

Miller did not specify when the CHIRG process was initiated or say 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 to drive partners to conduct military operations in accordance with international humanitarian law.”

Israeli soldiers operate inside the Gaza Strip, as seen from southern Israel, February 13, 2024. The army is battling Palestinian terrorists across Gaza in the war ignited by Hamas’s October 7 attack into Israel. (AP Photo/Ariel Schalit)

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.

Reuters previously reported that Washington had set up a channel to get answers from Israel about incidents in which civilians have been killed or injured or where civilian facilities have been targeted.

To date, Washington has not said whether such incidents could trigger restrictions on US assistance, or any other action, if Israel were to be found at fault.

US President Joe Biden last week issued a new national security memorandum that requires countries receiving American security assistance to provide ““credible and reliable written 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 on whether US-funded weapons have been used in a way inconsistent with international law or inconsistent with established best practices for preventing civilian harm.

US security aid recipients were already required to ensure that weapons are not used to commit human rights abuses.

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