How the State Department Let Israel Get Away With Horrors in Gaza

How the State Department Let Israel Get Away With Horrors in Gaza

Biden Administration: A Year of Empty Threats and a “Smokescreen” Policy

By Brett Murphy, Reposted from ProPublica

In early November, a small group of senior U.S. human rights diplomats met with a top official in President Joe Biden’s State Department to make one final, emphatic plea: We must keep our word.

Weeks before, Secretary of State Antony Blinken and the administration delivered their most explicit ultimatum yet to Israel, demanding the Israel Defense Forces allow hundreds more truckloads of food and medicine into Gaza every day — or else. American law and Biden’s own policies prohibit arms sales to countries that restrict humanitarian aid. Israel had 30 days to comply.

[Editor’s note: See info about Blinken here.]

In the month that followed, the IDF was accused of roundly defying the U.S., its most important ally. The Israeli military tightened its grip, continued to restrict desperately needed aid trucks, and displaced 100,000 Palestinians from North Gaza, humanitarian groups found, exacerbating what was already a dire crisis “to its worst point since the war began.”

Several attendees at the November meeting — officials who help lead the State Department’s efforts to promote racial equity, religious freedom, and other high-minded principles of democracy — said the United States’ international credibility had been severely damaged by Biden’s unstinting support of Israel. If there was ever a time to hold Israel accountable, one ambassador at the meeting told Tom Sullivan, the State Department’s counselor and a senior policy adviser to Blinken, it was now.

But the decision had already been made. Sullivan said the deadline would likely pass without action and Biden would continue sending shipments of bombs uninterrupted, according to two people who were in the meeting.

Those in the room deflated. “Don’t our law, policy, and morals demand it?” an attendee told me later, reflecting on the decision to once again capitulate. “What is the rationale of this approach? There is no explanation they can articulate.”

Soon after, when the 30-day deadline was up, Blinken made it official and said that Israelis had begun implementing most of the steps he had laid out in his letter — all thanks to the pressure the U.S. had applied.

That choice was immediately called into question. On Nov. 14, a U.N. committee said that Israel’s methods in Gaza, including its use of starvation as a weapon, were “consistent with genocide.” Amnesty International went further and concluded a genocide was underway. The International Criminal Court also issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister for the war crime of deliberately starving civilians, among other allegations. (The U.S. and Israeli governments have rejected the genocide determination as well as the warrants.)

The October red line was the last one Biden laid down, but it wasn’t the first. His administration issued multiple threats, warnings, and admonishments to Israel about its conduct after Oct. 7, 2023, when the Palestinian militant group Hamas attacked Israel, killed some 1,200 people,e and took more than 250 hostages.

Government officials worry Biden’s record of empty threats has given the Israelis a sense of impunity.

Trump, who has made a raft of pro-Israel nominations, made it clear he wanted the war in Gaza to end before he took office and threatened that “all hell will break out” if Hamas did not release its hostages by then.

On Wednesday, after months of negotiations, Israel and Hamas reached a ceasefire deal. While it will become clear over the next days and months exactly what the contours of the agreement are, why it happened now, and who deserves the most credit, it’s plausible that Trump’s imminent ascension to the White House was its own form of a red line. Early reports suggest the deal looks similar to what has been on the table for months, raising the possibility that if the Biden administration had followed through on its tough words, a deal could have been reached earlier, saving lives.

“Netanyahu’s conclusion was that Biden doesn’t have enough oomph to make him pay a price, so he was willing to ignore him,” said Ghaith al-Omari, a senior fellow at The Washington Institute who’s focused on U.S.-Israel relations and a former official with the Palestinian Authority who helped advise on prior peace talks. “Part of it is that Netanyahu learned there is no cost to saying ‘no’ to the current president.”

So-called red lines have long been a prominent foreign policy tool for the world’s most powerful nations. They are communicated publicly in pronouncements by senior officials and privately by emissaries. They amount to rules of the road for friends and adversaries — you can go this far but no further.

The failure to enforce those lines in recent years has had consequences, current and former U.S. officials said. One frequently cited example arose in 2012 when President Barack Obama told the Syrian government that using chemical weapons against its own people would change his calculus about directly intervening. When Syria’s then-President Bashar al-Assad launched rockets with chemical gas and killed hundreds of civilians anyway, Obama backpedaled and ultimately chose not to invade, a move critics say allowed the civil war to spiral further while extremist groups took advantage by recruiting locals.

Authorities in and outside government said the acquiescence to Israel as it prosecuted a brutal war will likely be regarded as one of the most consequential foreign policy decisions of the Biden presidency. They say it undermines America’s ability to influence events in the Middle East while “destroying the entire edifice of international law that was put into place after WWII,” as Omer Bartov, a renowned Israeli-American scholar of genocide, put it. Jeffrey Feltman, the former assistant secretary of the State Department’s Middle East bureau, told me he fears much of the Muslim world now sees the U.S. as “ineffective at best or complicit at worst in the large-scale civilian destruction and death.”

Embed from Getty Images

Biden’s warnings over the past year have also been explicit. Last spring, the president vowed to stop supplying offensive bombs to Israel if it launched a major invasion into the southern city of Rafah. He also told Netanyahu the U.S. was going to rethink support for the war unless he took new steps to protect civilians and aid workers after the IDF blew up a World Central Kitchen caravan. And Blinken signaled that he would blacklist a notorious IDF unit for the death of a Palestinian-American in the West Bank if the soldiers involved were not brought to justice.

Time and again, Israel crossed the Biden administration’s red lines without changing course in a meaningful way, according to interviews with government officials and outside experts. Each time, the U.S. yielded and continued to send Israel’s military deadly weapons of war, approving more than $17.9 billion in military assistance since late 2023, by some estimates. The State Department recently told Congress about another $8 billion proposed deal to sell Israel munitions and artillery shells.

“It’s hard to avoid the conclusion that the red lines have all just been a smokescreen,” said Stephen Walt, a professor of international affairs at Harvard Kennedy School and a preeminent authority on U.S. policy in the region. “The Biden administration decided to be all in and merely pretended that it was trying to do something about it.”

In a recent interview with The New York Times, Blinken disagreed and said Netanyahu has listened to him by softening Israel’s most aggressive tactics, including in Rafah. He also argued there was a cost to even questioning the IDF openly. “Whenever there has been public daylight between the United States and Israel and the perception that pressure was growing on Israel,” Blinken said, “Hamas has pulled back from agreeing to a ceasefire and the release of hostages.”

He acknowledged that not enough humanitarian assistance has been reaching civilians and said the Israelis initially resisted the idea of allowing any food and medicine into Gaza — which would be a war crime — but Netanyahu relented in response to U.S. pressure behind the scenes. Blinken backtracked later in the interview and suggested that the blocking of aid was not Israeli policy. “There’s a very different question about what was the intent,” he told the Times.

For this story, ProPublica spoke with scores of current and former officials throughout the year and read through government memos, cables, and emails, many of which have not been reported previously. The records and interviews shed light on why Biden and his top advisers refused to adjust his policy even as new evidence of Israeli abuses emerged.

Throughout the contentious year inside the State Department, senior leaders repeatedly disregarded their own experts. They cracked down on leaks by threatening criminal investigations and classifying material that was critical of Israel. Some of the agency’s top Middle East diplomats complained in private that they were sidelined by Biden’s National Security Council. The council also distributed a list of banned phrases, including any version of “State of Palestine” that didn’t have the word “future” first. Two human rights officials said they were prevented from pursuing evidence of abuses in Gaza and the West Bank.

The State Department did not make Blinken available for an interview, but the agency’s top spokesperson, Matthew Miller, said in a statement that Blinken welcomes internal dissent and has incorporated it into his policymaking. “The Department continues to encourage individuals to make their opinions known through appropriate channels,” he added. Miller denied that the agency has classified material for any reason other than national security.

Over the past year, reports have documented physical and sexual abuse in Israeli prisons, using Palestinians as human shields and razing residential buildings and hospitals. At one point early in the conflict, UNICEF said more than 10 children required amputations every day on average. Israeli soldiers have videotaped themselves burning food supplies and ransacking homes. One IDF group reportedly said, “Our job is to flatten Gaza.”

Israel’s defenders, including those on the National Security Council, acknowledge the devastating human toll but contend that American arms have helped Israel advance Western interests in the region and protect itself from other enemies. Indeed, Netanyahu has significantly diminished Hamas in Gaza and Hezbollah in Lebanon, killing many of the group’s leaders. Then Iran’s “axis of resistance” received its most consequential blow late last year when rebel groups ousted Assad from Syria.

U.S. Ambassador to Israel Jack Lew told the Times of Israel he worried that a generation of young Americans will harbor anti-Israel sentiments into the future. He said he wished that Israel had done a better job at communicating how carefully it undertook combat decisions [sic] and calling attention to its humanitarian successes to counter a narrative in the American press that he considers biased. [For info on Lew see this.]

“The media that is presenting a pro-Hamas perspective is out instantaneously telling a story,” Lew said. “It tells a story that is, over time, shown not to be completely accurate. ‘Thirty-five children were killed.’ Well, it wasn’t 35 children. It was many fewer.”

“The children who were killed,” he added, “turned out to have been the children of Hamas fighters.” [Editor’s note: Israel has killed over 17,000 Gazan children in the past 15 months. More information here.]

The repercussions for the United States and the region will play out for years. Protests have erupted outside the American embassies in Muslim-majority countries like Indonesia, the world’s third-largest democracy, while polls show Arab Americans grew increasingly hostile to their own government stateside. Russia, before its black eye in Syria, and China have both sought to capitalize by entering business and defense deals with Arab nations. By the summer, State Department analysts in the Middle East sent cables to Washington expressing concerns that the IDF’s conduct would only inflame tensions in the West Bank and galvanize young Palestinians to take up arms against Israel. Intelligence officials warn that terrorist groups are recruiting on the anti-American sentiment throughout the region, which they say is at its highest levels in years.

The Israeli government did not answer detailed questions, but a spokesperson for the embassy in Washington, D.C., broadly defended Israel’s relationship with the U.S., “two allies who have been working together to push back against extremist, destabilizing actors.” Israel is a country of laws, the spokesperson added, and its actions over the past 15 months “benefit the interests of the free world and the United States, creating an opportunity for a better future for the Middle East amid the tragedy of the war started by Hamas.”

Next week, Trump will inherit a demoralized State Department, part of the federal bureaucracy from which he has pledged to cull disloyal employees. Grappling with the near-daily images of carnage in Gaza, many across the U.S. government have become disenchanted with the lofty ideas they thought they represented.

“This is the human rights atrocity of our time,” one senior diplomat told me. “I work for the department that’s responsible for this policy. I signed up for this. … I don’t deserve sympathy for it.”

The southern city of Rafah was supposed to be a safe haven for hundreds of thousands of Palestinians who the IDF had forced from their homes in the north at the start of the war. When Biden learned that Netanyahu intended to invade the city this spring, he warned that the U.S. would stop sending offensive arms if the Israelis went through with it.

“It is a red line,” Biden had said, marking the first high-profile warning from the U.S.

Netanyahu invaded in May anyway. Israeli tanks rolled into the city and the IDF dropped bombs on Hamas targets, including a refugee camp, killing dozens of civilians. Biden responded by pausing a shipment of 2,000-pound bombs but otherwise resumed military support.

Embed from Getty Images

In late May, the International Court of Justice ordered Israel to stop its assault on the city, citing the Geneva Conventions. Behind the scenes, State Department lawyers scrambled to come up with a legal basis on which Israel could continue smaller attacks in Rafah. “There is room to argue that more scaled back/targeted operations, combined with better humanitarian efforts, would not meet that threshold,” the lawyers said in a May 24 email. While it’s not unreasonable for government lawyers to defend a close ally, critics say the cable illustrates the extreme deference the U.S. affords Israel.

“The State Department has a whole raft of highly paid, very good lawyers to explain, ‘Actually this is not illegal,’ when in fact it is,” said Ari Tolany, an arms trade authority and director at the Center for International Policy, a Washington-based think tank. “Rules for thee and not for me.”

The administration says that it restrained Israel’s attack in Rafah. In a recent interview, Lew told the Times of Israel the operation ultimately resulted in relatively few civilian casualties. “It was done in a way that limited or really eliminated the friction between the United States and Israel,” he added, “but also led to a much better outcome.”

Several experts told me international law is effectively discretionary for some countries. “American policy ignores it when it’s inconvenient and adheres to it when it is convenient,” said Aaron Miller, a career State Department diplomat who worked for decades under both Democratic and Republican presidents as an adviser on Arab-Israeli negotiations. “The U.S. does not leverage or bring sustainable, credible, serious pressure to bear on any of its allies and partners,” he added, “not just Israel.”

Miller and others note that the barbarity of Hamas attacks on Oct. 7, 2023, galvanized domestic support for Israel and made it significantly easier for Biden to avoid holding the Israelis accountable as they retaliated.

There are other likely reasons for Biden’s unwillingness to impose any realistic limitations on Israel’s use of American weaponry since Oct. 7. For one, his career-long affinity for Israel — its security, people, and the idea of a friendly democracy in the Middle East — is shared by many of the most powerful people in the country. (“If this Capitol crumbles to the ground, the one thing that would remain is our commitment to our aid — I don’t even call it aid, our cooperation — with Israel,” Nancy Pelosi said in 2018, weeks before resuming her role as House speaker.) That rationale aligned with the Democrats’ political goals during an election when they were wary of taking risks and upsetting large portions of the electorate, including the immensely powerful Israel lobby. [Editor’s note: See this]

Embed from Getty Images

Immediately after the ICJ’s order about the Rafah invasion, officials in the State Department’s Middle East and communications divisions drafted a list of proposed public statements to acknowledge the importance of the court and express concern over civilians in the city. But Matthew Miller, the State Department spokesperson, nixed almost all of them. He told the officials in a May 24 email that those on the White House’s National Security Council “aren’t going to clear” any recognition of the ruling or criticism of Israel.

That was an early sign that the State Department was taking a back seat in shaping war policy. In its place, the NSC — largely led by Jake Sullivan, Brett McGurk, and Amos Hochstein — assumed a larger role. While the NSC has grown significantly in size and influence over the decades, State Department officials repeatedly told me they felt marginalized this past year.

Embed from Getty Images

Enter your email address below to receive our latest articles right in your inbox.