Read This: U.S. Department Of State Won’t Even Begin An Official Discussion To Determine If An Official Discussion Is Warranted… To Evaluate, Not Even Investigate, If The State Of Israel Has Committed War Crimes In Gaza.

Even The Appearance Of Potentially Holding To Account Or Finding No Culpability By The Government Of The State Of Israel And Israel Defense Forces (IDF) Is A Domestic Political Minefield For President Biden To Avoid. 

Particularly Complicated When Some Of The Military Equipment Used To Kill Residents Of Gaza And To Destroy Civilian Infrastructure Throughout Gaza Has Been Sourced From United States-Based Companies And Funded By United States Taxpayers.

Easy To Appreciate Why Muslims Are Incensed Toward Biden-Harris Administration.

The Muslim community is incredulous and incensed the Biden-Harris Administration (2021- ) has neither confirmed an investigation should commence, has commenced an investigation, nor made an assessment that the State of Israel has committed one or more war crimes in Gaza or violated internationally-recognized rules of engagement relating to the impact upon civilians.

• NOTE: Neither the State of Israel nor the United States are signatories to the Rome Statute which manages The Hague, Netherlands-based International Criminal Court (ICC).  The United States does participate in The Hague, Netherlands-based International Court of Justice (ICJ), but the State of Israel has not consented to ICJ jurisdiction.

Statements by Joseph Biden, 46th President of the United States (2021- ), and Antony Blinken, United States Secretary of State, that the State of Israel should comply with international agreements, obligations, standards, and treaties, while officials throughout the Biden-Harris Administration refrain from determinations- or confirming an active investigation, even discussion as to whether there has been compliance, only serve to further inflame Muslim heads of state and Muslim heads of government. 

Due to domestic political concerns- the risk of losing support of the Jewish communities and their campaign contributions, and criticism from certain media companies, even the appearance of holding the State of Israel accountable is too far for a president seeking a second four-year term.

The White House
Washington DC
1 November 2023

“We’re going to continue to affirm that Israel has the right to re- -- and responsibility to defend its citizens from terror, and it needs to do so in a manner, though, that’s consistent with international and humanitarian law that prioritizes the protection of citizens.  We’ve all seen the devastating images from Gaza:  Palestinian children crying out for lost parents, parents reasoning and writing their children’s names on their hands and legs to be identified if the worst happens…. Look, the loss of every in- -- every innocent life is a tragedy.  We grieve for those deaths and continue to grieve for the Israeli children and mothers who were brutally slaughtered by Hamas terrorists and also continue to hold in our hearts the hundreds of families and loved ones, including small children and elderly grandparents, including American citizens, being held hostage.”  Joseph Biden at campaign event in Northfield, Minnesota.

The following excerpts from a Press Briefing at the United States Department of State illustrate foundations for the criticism:

United States Department of State
Washington DC
2 November 2023

Excerpts

MR MILLER: Finally, turning to travel, Secretary Blinken will travel to Israel and Jordan on Friday. The Secretary will meet with Prime Minister Netanyahu and other leaders of the Israeli Government to receive an update on their military objectives and their plans for meeting those objectives. He will reiterate U.S. support for Israel’s right to defend itself in accordance with international humanitarian law, and discuss the need to take all precautions to minimize civilian casualties, as well as our work to deliver humanitarian assistance.  In his meetings in Jordan, the Secretary will also underscore the importance of protecting civilian lives, and our shared commitment to facilitating the increased sustained delivery of lifesaving humanitarian assistance to civilians in Gaza, the resumption of essential services, and ensuring that Palestinians are not forcibly displaced outside of Gaza. He will also reaffirm the U.S. commitment to working with partners to set the conditions for a durable and sustainable peace in the Middle East, to include the establishment of a Palestinian state that reflects the aspirations of the Palestinian people in Gaza and the West Bank – and in the West Bank. And of course he will continue to discuss the ongoing work to secure the release of all hostages.

QUESTION: One more question on the Secretary’s travels to Israel. What messages has the U.S. already conveyed to the Israelis about settler violence in the West Bank? Have we told the Israelis to stop sending arms to settlers there?

MR MILLER: We have made quite clear to the Government of Israel that we are very concerned about settler violence in the West Bank. We find it incredibly destabilizing. We find it counterproductive to Israel’s long-term security in addition to, of course, being extremely harmful to the Palestinians living in the West Bank. And we have sent a very clear message to them that it’s unacceptable, it needs to stop, and those responsible for it need to be held accountable.

MR MILLER: So his primary objectives are as I outlined them in my opening comments. He wants to get an update from Israel on their military objectives and their plans for meeting those objectives. He wants to talk about ways that we can increase the flow of humanitarian assistance and get to the point where it’s a sustained, continuous flow getting in every day that meets the needs of innocent civilians in Gaza. He wants to talk about preventing the conflict from spreading. He wants to talk about the ability to get hostages back. And as I said, he will talk directly with the Israeli Government, as he has previously, as the President has previously, about our expectation that in launching – in conducting this military campaign, that they do it – do so in full compliance with international humanitarian law and the laws of war, and we will be very direct about that.

QUESTION: There’s been back and forth in this briefing room about this, but given there was the big attack yesterday on the refugee camp, I have to ask again: What is the U.S. assessment so far in terms of whether Israel is following the rules of war?

MR MILLER: Again, I will say that I’m not able to offer an assessment on that strike as I’m not able to offer assessment on other individual strikes. What I will say is that we will continue to discuss with them directly, as we will say publicly, that it is our expectation that in all of their activities, all of their military campaigns, that they comply with the laws of war.

QUESTION: I mean, in terms of yesterday’s attack, there are various commentators – some countries, international human rights lawyers – some of them are calling it war crimes. And we know that in this building when you are making these kinds of legal determinations, there is a process for that. Has there been any thinking of starting such a process for Israel’s actions in this war?

MR MILLER: It is not an assessment that we are making now. No.

QUESTION: Thank you. Actually, a follow-up on both Olivia and Humeyra. On Humeyra’s first, I mean, this area was struck today again. Now, why won’t you condemn the killing of dozens of civilians, like 300 – maybe less, we don’t know – to kill one person? Because that’s what the Israeli spokesman said. She said, we went after one militant. Why won’t you do that?

MR MILLER: So I will say that we are deeply saddened by the loss of civilian life. Whatever the number of lost civilians in this strike or any other strike, we are obviously troubled and deeply saddened by every one – every loss of life. And that’s true whether it be Palestinians, whether it be Israelis, and we will continue to make that clear. And we’ll make it clear to the Israeli Government.

QUESTION: Right. Well, that – okay, but 21 years ago – 21 years ago – Eric Fleischer came out and condemned a similar act – the George W. Bush administration condemned an act at the time where Israel killed one Hamas leader, Salah Shehadeh, and killed 15 others, which is a lot less than what you have seen in the last couple days – and they condemned it very strongly. So why won’t your administration do the same thing?

MR MILLER: So I am not able to speak to whatever assessments an administration 20 years ago has made. I will say that we will continue to impress directly upon our Israeli counterparts the need to minimize civilian harm in all of their military activities.

QUESTION: Can I just follow up on Humeyra’s question earlier when she asked you about whether there was any discussion in the legal – in L, the legal bureau, about what Israel is doing and whether it’s – and whether it complies with the rules of war? And you said no. So I’m just wondering, why not?

MR MILLER: It’s not an assessment that we have made at this point. You saw the Secretary – you – let me say

QUESTION: I know, but she didn’t ask if you had made an assessment. She asked if it was being discussed and considered, that there were people looking at this —

MR MILLER: Let me say that —

QUESTION: — to make – and to eventually make a determination. And it’s now been – we’re three weeks in, basically – into this. You have made similar determinations roughly in that space of time. So I’m just wondering – you’re saying that that’s not even being discussed?

MR MILLER: No, let me —

QUESTION: Oh, okay.

MR MILLER: Let me be clear. I’m not going to get into internal discussions, internal deliberations at the State Department. I’ll speak to the assessments that we have made. We have not made an assessment —

QUESTION: But, yeah, that wasn’t —

MR MILLER: — of war crimes in this situation.

QUESTION: But you answered no to whether —

MR MILLER: I should have been clear. We have not – we have not made any type of assessment at this time.

QUESTION: Well —

MR MILLER: As the Secretary made clear, there will be an opportunity for that. We’re not in the position at this point to judge all the strikes. What we think is important is to continue to impress upon the Israeli Government the importance of minimizing civilian harm.

QUESTION: Yeah, but you guys have made a determination – and we have had this discussion with Simon the other day – about Russia and actually committing war crimes where you’ve made a legal determination. In this case, you’re not even willing to say that that’s something that’s being talked about?

MR MILLER: I will say in the case of Russia, we were able to assess with a very high degree of confidence that Russia was deliberately targeting civilians. You – I remember that it came after —

QUESTION: Yes, but in order to get to that determination —

MR MILLER: — that assessment came after Bucha when there were clear evidence —

QUESTION: Yes, exactly. But in order —

MR MILLER: — clear evidence of deliberate, deliberate killing and targeting of civilians.

QUESTION: But in order to get to that determination, it had to be considered by the lawyers.

MR MILLER: And I’ve just —

QUESTION: And what your response to Humeyra was, unless you’re saying it was now wrong or that you misspoke

MR MILLER: I just – I’ve —

QUESTION: — that – was that it’s not even being discussed. It’s not – you’re not – people are not even looking at whether this question –

MR MILLER: What I’m saying is I’m not going to get into internal discussions, internal deliberations. It is not an assessment that we have made. And as the Secretary has said, there will be time to make those judgments.

LINK TO COMPLETE ANALYSIS IN PDF FORMAT