The Biden administration, already in a weeks-long limbo over a cease-fire deal, is now grappling with how to respond to the United Kingdom’s decision to suspend some arms contracts with Israel.
That tension spilled out in public over a central question at the State Department on Monday: Did the administration agree with its ally’s determination that there was a “clear risk” Israel could use foreign arms in violation of international humanitarian law, or not?
“It’s not that we disagree with the U.K. position, it’s that the U.K. makes an assessment based on their legal framework,” State Department spokesperson Matthew Miller said.
“Just to be clear, you said, ‘Not that we would disagree with the U.K.’s assessment.’ Did I hear that right? So you don’t disagree with the U.K.’s assessment?” Miller was then asked by a reporter.
“What I mean is the decision that they made under their law to suspend arms. That is a decision for them to make based on their assessment of U.K. law,” Miller said. “We have our own reviews that are ongoing. They have to make legal determinations.”
Miller clarified on numerous occasions that the U.S. arms policy toward Israel remains unchanged.
British Foreign Secretary David Lammy said the British government would immediately block about 30 of its 350 arms export licenses to Israel, saying an assessment concluded that “there does exist a clear risk that they might be used to commit or facilitate a serious violation of international humanitarian law.”
The U.S. has not made a conclusive determination as to whether Israel has violated international humanitarian law. Instead, a report issued nearly four months ago said it was reasonable to conclude that such violations have occurred. The United States temporarily halted close to 3,500 bombs headed for Israel earlier this year — a move that Republicans and some Democrats condemned in Congress.
“It’s two things here, right? There’s a question of whether intentional violations of international humanitarian law have been committed, and then there’s a question of whether you suspend arms sales if you find that violation,” Miller said in response to the U.K.’s decision.
The State Department previously told NOTUS it was unable to issue a conclusive report on how Israel is using U.S.-provided arms because it does not have U.S. personnel on the ground in Gaza. The administration has not provided an update on whether the U.S. will send personnel or will ever be able to reach a conclusive report.
As Israel expands its military operation in Gaza and into the West Bank, and the Palestinian death toll surpasses 40,000, President Joe Biden and Democratic presidential nominee Kamala Harris have been under increasing pressure from their party’s left wing to stop additional arms shipments to Israel.
Over the weekend, Biden and Harris both issued statements on the bodies of six hostages the Israel Defense Forces recovered.
“With these murders, Hamas has even more American blood on its hands. I strongly condemn Hamas’ continued brutality, and so must the entire world,” Harris said in a statement. “The threat Hamas poses to the people of Israel — and American citizens in Israel — must be eliminated and Hamas cannot control Gaza.”
Hersh Goldberg-Polin, the Israeli American whose parents spoke at the Democratic National Convention, was one of those recovered.
“I have worked tirelessly to bring their beloved Hersh safely to them and am heartbroken by the news of his death. It is as tragic as it is reprehensible,” Biden said in a statement. “Make no mistake, Hamas leaders will pay for these crimes.”
Meanwhile, the U.S. has been prioritizing ongoing cease-fire negotiations between Hamas leaders and Israel.
Asked if the current hostage deal would go through and if Israeli Prime Minister Benjamin Netanyahu was doing enough on the issue, Biden simply told reporters “No” on his way into the White House Monday. “We’re not giving up. We’re going to continue to push as hard as we can.”
One major issue is the IDF’s control along the Philadelphi corridor. According to the State Department, Israel originally agreed to a proposal that included removing IDF troops from the corridor. Now, Netanyahu says he won’t allow it.
“The axis of evil needs the Philadelphi corridor — we need to hold it,” Netanyahu said Monday night. “After they massacred us and murdered six of our hostages in cold blood? What message does this send to Hamas? Murder hostages — and receive concessions.”
One White House official said this “public posturing” from Netanyahu has slowed negotiations, at least publicly, to a near standstill.
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John T. Seward is a NOTUS reporter and an Allbritton Journalism Institute fellow.