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State Dept. probes Israel’s use of US weapons in strikes that harmed civilians

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Since the beginning of the Israel-Hamas war, Gaza has experienced 130 days of nearly non-stop gunfire, bombing, destruction and death. The U.S. State Department said it is looking into whether U.S. weapons were misused in any instances where civilians were killed in Gaza, and whether Israel’s military operations violated international law.

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According to the Gaza Health Ministry, which Hamas runs, more than 28,000 Palestinians have been killed, along with more than 68,000 injured as a result of Israel’s assault on Gaza.

“We do seek to thoroughly assess reports of civilian harm by authorized recipients of U.S.-provided defense articles around the world, including under the Civilian Harm Incident Response Guidance,” said Matthew Miller, spokesperson for the State Department.

Miller’s announcement comes after President Biden called Israel’s response “over the top.” However, Biden and lawmakers are still pushing for billions of dollars in more aid to Israel.

The Civilian Harm Incident Response Guidance (CHIRG) was created in August 2023, weeks ahead of Hamas’ Oct. 7 attack on Israel, which killed 1,200 people.

The CHIRG aims to give the State Department a way to investigate incidents where U.S. weapons may have been misused to harm civilians. While it is unclear when the State Department triggered the guidance, Reuters reported that sources familiar with the situation said the U.S. is actively looking into 50 incidents of civilian harm in Gaza.

“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 occurring in the future and to drive partners to conduct military operations in accordance with international humanitarian law.”

Still, with $14 billion set to head to Israel if passed in the House, it is unclear how any CHIRG findings will affect future aid to Israel. The guidance is also separate from State Department probes into crimes against humanity or genocides. Yet the State Department added that too many civilians have been hurt in this war.

“We have seen civilian deaths come down from the levels they are,” Miller said. “They are nowhere near where they should be. They are still far too high. There are still far too many Palestinians that continue to die.”

President Biden also issued a memorandum requiring all countries receiving assistance from the U.S. to follow international humanitarian law. The memorandum also requires the State Department and Defense Department to report to Congress any instances in which U.S. weapons or funding were used outside of international law or in instances that resulted in civilian harm.

All of this comes as world leaders increasingly call on Israel to stop attacks that hurt civilians.

On Tuesday, Feb. 13, South Africa turned once again to the U.N.’s International Court of Justice to look into whether Israel’s attack on the town of Rafah breached the U.N. genocide convention and preexisting orders from the court telling Israel to stop death and destruction in Gaza immediately.

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[KARAH RUCKER]
SINCE THE BEGINNING OF THE ISRAEL-HAMAS WAR SPARKED BY THE OCTOBER 7 TERROR ATTACK, GAZA HAS EXPERIENCED 130 DAYS OF NEARLY NON-STOP GUNFIRE, BOMBING, DESTRUCTION, AND DEATH.

ACCORDING TO THE HAMAS-RUN GAZA HEALTH MINISTRY MORE THAN 28-THOUSAND PALESTINIANS HAVE BEEN KILLED AND  68-THOUSAND INJURED AS A RESULT OF ISRAEL’S ASSAULT ON GAZA IN RESPONSE TO THE OCTOBER 7TH HAMAS ATTACK WHICH KILLED 12-HUNDRED PEOPLE.

PRESIDENT BIDEN HAS CALLED ISRAEL’S RESPONSE “OVER THE TOP” HOWEVER, HE AND LAWMAKERS ON CAPITOL HILL ARE PUSHING FOR BILLIONS OF DOLLARS IN MORE AID FOR ISRAEL.

NOW THE U-S STATE DEPARTMENT SAYS IT IS LOOKING INTO WHETHER US WEAPONS WERE MIS-USED IN ANY INSTANCES WHERE CIVILIANS WERE KILLED IN GAZA AND WHETHER ISRAEL’S MILITARY OPERATIONS VIOLATED INTERNATIONAL LAW.

MATT MILLER – US STATE DEPARTMENT SPOKESPERSON: “WE DO SEEK TO thoroughly assess reports of civilian harm by  authorized recipients of U.S.-provided defense articles around the world, including under the Civilian Harm Incident Response Guidance.”

[KARAH RUCKER]

THE GUIDENCE, ALSO KNOWN AS CHIRG (CH-ERG) WAS CREATED IN AUGUST 20-23, WEEKS AHEAD OF HAMAS’ DEADLY ATTACK ON ISRAEL.

IT AIMS TO GIVE THE STATE DEPARTMENT A WAY TO INVESTIGATE INCIDENTS WHERE US WEAPONS MAY HAVE BEEN MISUSED TO HARM CIVILIANS.

WHILE IT IS UNCLEAR WHEN THE STATE DEPARTMENT TRIGGERED THE GUIDANCE, SOURCES TOLD REUTERS THE U-S IS ACTIVELY LOOKING INTO 50 INCIDENTS OF CIVILIAN HARM.

MATT MILLER – US STATE DEPARTMENT SPOKESPERSON: “That process is not intended to  function as a rapid response mechanism. Rather, it is designed to systematically assess civilian  harm incidents and develop appropriate policy responses to reduce the risk of such incidents occurring in the future, and to drive partners to conduct military operations  in accordance with international humanitarian law.”

[KARAH RUCKER]

STILL WITH 14-BILLION DOLLARS SET TO HEAD TO ISRAEL IF PASSED IN THE HOUSE, IT IS UNCLEAR HOW ANY CHIRG FINDINGS WILL AFFECT FUTURE AID TO ISRAEL.

THE GUIDANCE IS ALSO SEPARATE FROM STATE DEPARTMENT PROBES INTO CRIMES AGAINST HUMANITY OR GENOCIDES.

STILL, THE STATE DEPARTMENT SAYS TOO MANY CIVILIANS HAVE BEEN HURT IN THIS WAR.

MATT MILLER – US STATE DEPARTMENT SPOKESPERSON: “We have seen civilian deaths come down from the levels they are. They are nowhere near where they should be. They are still far too high. There are still far too many Palestinians that continue to die.”

[KARAH RUCKER]

EARLIER THIS MONTH PRESIDENT BIDEN ISSUED A MEMORANDUM REQUIRING ANY COUNTRIES RECEIVING ASSISTANCE FROM THE U-S FOLLOW INTERNATIONAL HUMANITARIAN LAW. 

IT ALSO REQUIRES THE STATE DEPARTMENT AND DEFENSE DEPARTMENT TO REPORT TO CONGRESS ANY INSTANCES U.S. WEAPONS OR FUNDING WAS USED OUTSIDE OF INTERNATIONAL LAW OR IN INSTANCES THAT RESULT IN CIVILIAN HARM.

ON TUESDAY, SOUTH AFRICA TURNED ONCE AGAIN TO THE UN’S INTERNATIONAL COURT OF JUSTICE TO LOOK INTO WHETHER ISRAEL’S ATTACKS ON RAFAH BREACH THE UN GENOCIDE CONVENTION. 

THE COURT LAST MONTH  ORDERED ISRAEL TO “TAKE ALL MEASURES” TO PREVENT FURTHER PALESTINIAN DEATHS TO ENSURE AGAINST CLAIMS OF GENOCIDE.