By March 24, at least seven State Department bureaus had sent in their contributions to an initial “options memo” to Blinken. Parts of the memo, which has not been previously reported, were classified.
The submissions to the memo provide the most extensive picture to date of the divisions inside the State Department over whether Israel might be violating international humanitarian law in Gaza.
“Some components in the department favored accepting Israel’s assurances, some favored rejecting them and some took no position,” a US official said.
A joint submission from four bureaus – Democracy Human Rights & Labor; Population, Refugees and Migration; Global Criminal Justice and International Organization Affairs raised “serious concern over non-compliance” with international humanitarian law during Israel’s prosecution of the Gaza war.
The assessment from the four bureaus said Israel’s assurances were “neither credible nor reliable.” It cited eight examples of Israeli military actions that the officials said raise “serious questions” about potential violations of international humanitarian law.
These included repeatedly striking protected sites and civilian infrastructure; “unconscionably high levels of civilian harm to military advantage”; taking little action to investigate violations or to hold to account those responsible for significant civilian harm and “killing humanitarian workers and journalists at an unprecedented rate.”
The assessment from the four bureaus also cited 11 instances of Israeli military actions the officials said “arbitrarily restrict humanitarian aid,” including rejecting entire trucks of aid due to a single “dual-use” item, “artificial” limitations on inspections as well as repeated attacks on humanitarian sites that should not be hit.
Another submission to the memo reviewed by Reuters, from the bureau of Political and Military Affairs, which deals with U.S. military assistance and arms transfers, warned Blinken that suspending US weapons would limit Israel’s ability to meet potential threats outside its airspace and require Washington to re-evaluate “all ongoing and future sales to other countries in the region.”
Any suspension of US arms sales would invite “provocations” by Iran and aligned militias, the bureau said in its submission, illustrating the push-and-pull inside the department as it prepares to report to Congress.
The submission did not directly address Israel’s assurances.
Inputs to the memo from the Office of the Special Envoy to Monitor and Combat Antisemitism and U.S. ambassador to Israel Jack Lew said they assessed Israel’s assurances as credible and reliable, a second US official told Reuters.
The State Department’s legal bureau, known as the Office of the Legal Adviser, “did not take a substantive position” on the credibility of Israel’s assurances, a source familiar with the matter said.
State Department spokesperson Matthew Miller said the agency doesn’t comment on leaked documents.
“On complex issues, the Secretary often hears a diverse range of views from within the Department, and he takes all of those views into consideration,” Miller said.
