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Has Israel followed the law in its war in Gaza? The US is due to render a first-of-its-kind verdict

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Has Israel followed the law in its war in Gaza? The US is due to render a first-of-its-kind verdict
News

News

Has Israel followed the law in its war in Gaza? The US is due to render a first-of-its-kind verdict

2024-05-09 01:37 Last Updated At:01:40

WASHINGTON (AP) — Facing heat over its military support for Israel's war, the Biden administration is due to deliver a first-of-its-kind formal verdict this week on whether the airstrikes on Gaza and restrictions on delivery of aid have violated international and U.S. laws designed to spare civilians from the worst horrors of war.

A decision against close ally Israel would add to pressure on President Joe Biden to curb the flow of weapons and money to Israel's military. The Democratic administration took one of the first steps in that direction in recent days, when it paused a shipment of 3,500 bombs out of concern over Israel's threatened offensive on Rafah, a southern city crowded with more than a million Palestinians, a senior administration official said.

The administration agreed in February at the insistence of Democrats in Congress to a negotiated agreement mandating it look at whether Israeli forces in Gaza have used U.S.-provided weapons and other military assistance in a lawful manner.

Additionally, under the agreement, it must tell Congress whether it deems that Israel has acted to “arbitrarily deny, restrict, or otherwise impede, directly or indirectly,” delivery of any U.S.-supported humanitarian aid into Gaza for starving civilians there.

Officials said Wednesday they would not meet the day's deadline for the report to be delivered to Congress, but expected it would still come this week. They spoke on condition of anonymity to discussion internal administration deliberations.

Israel's campaign to crush the Hamas militant group after its surprise October attack — and the ensuing disaster for Gaza's civilians — have fueled a debate about whether the United States should act on grave human rights violations by one of its foreign recipients of military support when it sees them, as advocates say U.S. law requires, or only when it deems doing so serves U.S. strategic interests.

“While human rights is an important component of the national interest, American priorities are much broader — particularly in an era of strategic competition,” Idaho Sen. Jim Risch, the top Republican on the Senate Foreign Relations Committee, and GOP Rep. Michael McCaul of Texas, the House Foreign Affairs Committee chairman, wrote last week in urging to Biden to repeal his February directive.

But Maryland Sen. Chris Van Hollen, the Democrat who spearheaded congressional negotiations with the White House to mandate the review, told reporters he feared the administration may allow policy aims to shape the outcome of its review. Van Hollen said he supports a strong security partnership with Israel but believes the U.S. should apply standards evenly.

Israel is the largest recipient of U.S. security assistance. Palestinian suffering in the war in Gaza has churned up protests and other challenges for Biden at home and abroad as he seeks reelection against former President Donald Trump, a Republican.

The administration's findings must be “seen to be based on facts and law, and not based on what they would wish it would be,” Van Hollen told reporters last week.

At the time the White House agreed to the review, it was working to head off moves from the Democratic lawmakers and independent Sen. Bernie Sanders of Vermont to start restricting shipments of weapons to Israel.

Israel launched its offensive after attacks led by Hamas killed about 1,200 people on Oct. 7. Nearly 35,000 Palestinian civilians, two-thirds of them women and children, have been killed since then, according to local health officials. U.S. and U.N. officials say full-fledged famine has set in in northern Gaza, owing to Israeli restrictions on food shipments and to the fighting.

Human rights groups long have accused Israeli security forces of committing abuses against Palestinians and have accused Israeli leaders of failing to hold those responsible to account. In January, in a case brought by South Africa, the top U.N. court ordered Israel to do all it could to prevent death, destruction and any acts of genocide in Gaza, but the panel stopped short of ordering an end to the military offensive.

Israel says that it is following all U.S. and international law, that it investigates allegations of abuse by its security forces and that its campaign in Gaza is proportional to the existential threat it says is posed by Hamas.

As the suffering of Palestinian civilians grew, Biden and his administration edged away from their initial unwavering public support of Israel and began to criticize its conduct of the war.

Biden in December said “indiscriminate bombing” was costing Israel international backing. After Israeli forces targeted and killed seven aid workers from the World Central Kitchen in April, the Biden administration for the first time signaled it might cut military aid to Israel if it didn't change its handling of the war and humanitarian aid.

Republican Ronald Reagan was one of the last presidents openly to suspend some U.S. support for Israel’s military as a way to pressure Israel over its offensives.

Under a 1997 congressional act known as the Leahy law, when the U.S. finds credible evidence that a unit of foreign security forces has committed gross human rights abuses, any U.S. aid to that unit is supposed to be automatically suspended.

Secretary of State Antony Blinken wrote House Speaker Mike Johnson, R-La., last week that the U.S. found the evidence of such abuses by one particular Israeli unit to be credible. Blinken added that Israel had yet to rectify the unit's wrongdoing, something the Leahy law says must happen for any suspension of military aid to be lifted. Blinken said rather than suspend the aid, the U.S. would work with Israel to “engage on identifying a path to effective remediation for this unit.”

Israeli officials have identified it as the Netzah Yehuda, which is accused in the death of a Palestinian American man and other abuses in the Israeli-occupied West Bank before the latest war in Gaza.

Tim Rieser, a veteran Senate foreign policy staffer who helped now-retired Sen. Patrick Leahy craft the law, said if it had been applied to Israel, “maybe it would have been a deterrent.”

Instead, “what we've seen is that abuses against Palestinians are rarely punished,” Rieser told The Associated Press.

While a finding against Israel under the national security memo wouldn't obligate the administration to start cutting military support for Israel, it would increase pressure on Biden to do so.

A report to the administration by an unofficial, self-formed panel of military experts and former State Department officials, including Josh Paul and Charles Blaha, points to specific Israeli strikes on aid convoys, journalists, hospitals, schools and refugee centers and other targets broadly protected by law. The report argues the administration must find Israel's conduct in Gaza has violated the law. Amnesty International has argued the same.

The high civilian death tolls in Israel's strikes go far beyond the laws of proportionality, the U.S. critics and rights groups say. They point to an Oct. 31 strike on a six-story apartment building in Gaza that killed at least 106 civilians. Critics say Israel provided no immediate justification for that strike.

“They’re taking what we did in Mosul and Raqqa, and going tenfold beyond," exceeding even what was allowed under U.S. rules of engagement at the time in the so-called war on terror, said Wes Bryant, a former Air Force targeting expert who led strike cells against the Islamic State and other extremist groups in Afghanistan, Iraq and Syria. He is among those urging the U.S. to condition military support to Israel.

“If this is the new bar for 21st-century warfare, we might as well go back to World War II,” Bryant said.

Israel and the Biden administration say Hamas' presence in tunnels throughout Gaza, and alleged presence in hospitals and other protected sites, make it harder for Israeli forces to avoid high civilian casualties.

FILE - President Joe Biden speaks before signing a $95 billion Ukraine aid package that also includes support for Israel, Taiwan, and other allies, in the State Dining Room of the White House, April 24, 2024, in Washington. The Biden administration is due to deliver a first-of-its-kind formal verdict on whether Israel's conduct of its war in Gaza complies with international and U.S. laws. (AP Photo/Evan Vucci, File)

FILE - President Joe Biden speaks before signing a $95 billion Ukraine aid package that also includes support for Israel, Taiwan, and other allies, in the State Dining Room of the White House, April 24, 2024, in Washington. The Biden administration is due to deliver a first-of-its-kind formal verdict on whether Israel's conduct of its war in Gaza complies with international and U.S. laws. (AP Photo/Evan Vucci, File)

MANCHESTER, England (AP) — Manchester City fans could hardly stand the wait for the final whistle.

Not because they feared a last-minute twist and the unlikeliest of comebacks from West Ham.

The tension during the dying moments of the Premier League season at Etihad Stadium was simply because fans couldn't wait to get the party started after a record fourth straight English top flight title for Pep Guardiola's dominant team.

A 3-1 win on the day made certain of that and soon a sea of light blue shirts flooded the field. Flares and the smell of sulphur filled the air and delirious fans danced, posed for selfies and simply savored the moment - ignoring the futile pleas from the stadium announcer and messaging on the big screens instructing them to return to their seats.

Winning has become a familiar feeling in these parts. And there is no sign of it getting old.

“It feels just as amazing as the first one. We worked so hard for it,” City midfielder Kevin De Bruyne said. “It has been a tough battle with Arsenal and Liverpool this year, and you know to be here again doing something historic is amazing.”

Four titles in a row is also six in seven seasons for Guardiola, who has won 17 trophies and counting since heading to the blue half of Manchester in 2016. That number could rise to 18 as soon as next week when City plays Manchester United in the FA Cup final.

In all, Guardiola has won 38 trophies as a coach at Barcelona, Bayern Munich and City to strengthen the case for him to be considered the greatest manager of his era. By comparison, Carlo Ancelotti has won 28, including a record four Champions League titles — one more than Guardiola — and the chance to make that five when Real Madrid meets Borussia Dortmund in this year's final of European club soccer's most prestigious competition.

“Everyone in football is in awe of his (Guardiola's) coaching but there is more to it than that," outgoing West Ham manager David Moyes said. “Four in a row is incredible.”

Another question that will be debated long and hard is whether this City team should be considered English soccer's greatest of all time.

No other English team has won four titles in succession. Not during Liverpool's dominant era in the 1970s and 80s - and not during United's in the 90s and 2000s.

That alone sets City apart - and by winning the Champions League last season, it has also completed a full set of major trophies during an era of unprecedented success.

“In terms of numbers, nobody has been better than us - the records, the goals, the points and four in a row,” Guardiola said. “If I land here tomorrow and you say I will win six Premier Leagues in seven years, I would say ‘Are you crazy?’ It’s impossible. We have done something unbelievable.”

Guardiola took over a team that was already among the wealthiest in the world after being bought by the ruling family of Abu Dhabi in 2008 and had won two Premier League titles before his arrival. He has gone on to create a near-unstoppable force domestically and continues to hold off the challengers to City's throne.

Arsenal has taken up the fight, previously offered by United and then Liverpool - and pushed City to the wire this season, having fallen away during the run-in a year earlier.

Still, Mikel Arteta's team couldn't quite get over the line and finished two points behind the champion after a 2-1 win against Everton in its final game on Sunday.

Arsenal looks likeliest to push City closest in the coming years, especially now that Jurgen Klopp has stepped down at Liverpool, while Man United looks set for a period of more upheaval.

Whether Arsenal will be able to go one better in the future remains to be seen, given City's financial power to strengthen further and the age of key players like footballer of the year Phil Foden and back-to-back Premier League golden boot-winner Erling Haaland.

“We got the message from Mikel and his players. We have to make the right decisions in the next years because they are here to stay,” Guardiola said. “They are so young and have experience in the Champions League. For two years (they) were close.”

How long Guardiola stays on could have a big bearing on City's continued rule. His contract runs until the end of next season.

The outcome of the 115 charges made against City for alleged financial wrongdoing could also be significant. City denies wrongdoing.

That fight is off the field and still to come.

Right now, as far as City's fans are concerned, another party has only just begun.

SO CLOSE

Arsenal could do no more. A 2-1 win against Everton at Emirates Stadium meant City had to beat West Ham to retain its title. It also meant the Gunners lost just once from the turn of the year to the end of the season.

That 2-0 home defeat against Aston Villa proved to be decisive though, giving City an advantage it never relinquished.

“What can I say? I feel sorry for all the Arsenal fans. We gave our best but it wasn’t enough,” Arsenal forward Kai Havertz said. “Maybe in two or three months we can say it was a good fight. Right now I feel like we deserve more.”

Having spent $138 million on Declan Rice and also recruiting Havertz ahead of this season, Arteta will have to weigh up how to improve his team further.

A prolific striker may be his priority, but his team only scored five fewer goals than City and ended with the same goal difference.

“Now we have to be more determined, very courageous, very ambitious, and we need to go to a different level. We need to deliver,” Arteta said.

UNITED PAIN

Manchester United must beat City in Saturday’s FA Cup final to secure European soccer for next season.

Even a 2-0 win over Brighton couldn’t prevent Erik ten Hag’s team from finishing eighth in the standings — United’s lowest in the Premier League era.

“It is not good enough by far,” Ten Hag said. “Although we had less than 60 points two years ago, 58 points, eighth is the worst performance. It is the truth, but we should have done better.”

Newcastle finished seventh, above United on goal difference, after a 4-2 win at Brentford.

Chelsea beat Bournemouth 2-1 and finished sixth in the table, with Moises Caicedo scoring a goal from just past the halfway line.

Mauricio Pochettino has managed to salvage a troubled season by qualifying for Europe, yet his future has become a source of increased speculation.

“That is a question for the owners and the sporting director,” he said.

KLOPP’S FAREWELL

Jurgen Klopp’s Liverpool reign ended with a 2-0 win against Wolves.

While his farewell campaign ultimately ended in disappointment as Liverpool’s title bid fizzled out, Klopp’s status as an Anfield and Premier League icon is secure.

The German is standing down after winning a full set of major trophies in more than eight years at the club.

“When you are in it, you forget sometimes how great it is,” Klopp said. “You take it for granted. Now I stand here, I’m just so happy I’m a part of the club’s history. It’s wonderful.”

With Champions League qualification already secured, fourth-place Aston Villa was routed 5-0 at Crystal Palace.

Tottenham, in fifth, ended the season with a 3-0 win at last-place Sheffield United.

LUTON RELEGATED

Luton's relegation was confirmed after a 4-2 loss at home against Fulham.

Nottingham Forest, which was one place above Luton, beat second from bottom Burnley 2-1.

James Robson is at https://twitter.com/jamesalanrobson

AP soccer: https://apnews.com/hub/soccer

Manchester United manager Erik ten Hag smiles, ahead of the English Premier League soccer match between Brighton & Hove Albion and Manchester United, at the Amex Stadium, in Brighton and Hove, England, Sunday, May 19, 2024. (Steven Paston/PA via AP)

Manchester United manager Erik ten Hag smiles, ahead of the English Premier League soccer match between Brighton & Hove Albion and Manchester United, at the Amex Stadium, in Brighton and Hove, England, Sunday, May 19, 2024. (Steven Paston/PA via AP)

Manchester City's Erling Haaland celebrates with the trophy, at the end of the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season.: (Martin Rickett/PA via AP)

Manchester City's Erling Haaland celebrates with the trophy, at the end of the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season.: (Martin Rickett/PA via AP)

Manchester City's Kevin De Bruyne celebrates with the Premier League trophy after the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season. (AP Photo/Dave Thompson)

Manchester City's Kevin De Bruyne celebrates with the Premier League trophy after the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season. (AP Photo/Dave Thompson)

Manchester City's head coach Pep Guardiola, right, celebrates with Manchester City's Phil Foden at the end of the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season. (AP Photo/Dave Thompson)

Manchester City's head coach Pep Guardiola, right, celebrates with Manchester City's Phil Foden at the end of the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season. (AP Photo/Dave Thompson)

Liverpool's manager Jurgen Klopp reacts to fans after the English Premier League soccer match between Liverpool and Wolverhampton Wanderers at Anfield Stadium in Liverpool, England, Sunday, May 19, 2024. (AP Photo/Jon Super)

Liverpool's manager Jurgen Klopp reacts to fans after the English Premier League soccer match between Liverpool and Wolverhampton Wanderers at Anfield Stadium in Liverpool, England, Sunday, May 19, 2024. (AP Photo/Jon Super)

Fans greet Liverpool's manager Jurgen Klopp during the English Premier League soccer match between Liverpool and Wolverhampton Wanderers at Anfield Stadium in Liverpool, England, Sunday, May 19, 2024. (AP Photo/Jon Super)

Fans greet Liverpool's manager Jurgen Klopp during the English Premier League soccer match between Liverpool and Wolverhampton Wanderers at Anfield Stadium in Liverpool, England, Sunday, May 19, 2024. (AP Photo/Jon Super)

Liverpool's manager Jurgen Klopp reacts after his very last match with Liverpool after the English Premier League soccer match between Liverpool and Wolverhampton Wanderers at Anfield Stadium in Liverpool, England, Sunday, May 19, 2024. (AP Photo/Jon Super)

Liverpool's manager Jurgen Klopp reacts after his very last match with Liverpool after the English Premier League soccer match between Liverpool and Wolverhampton Wanderers at Anfield Stadium in Liverpool, England, Sunday, May 19, 2024. (AP Photo/Jon Super)

Jurgen Klopp takes a selfie after his final game as Liverpool manager, at the end of the English Premier League soccer match between Liverpool and Wolverhampton Wanderers at Anfield Stadium, in Liverpool, England, Sunday, May 19, 2024. (AP Photo/Jon Super)

Jurgen Klopp takes a selfie after his final game as Liverpool manager, at the end of the English Premier League soccer match between Liverpool and Wolverhampton Wanderers at Anfield Stadium, in Liverpool, England, Sunday, May 19, 2024. (AP Photo/Jon Super)

Arsenal's Jorginho and Arsenal's Oleksandr Zinchenko, right, applaud spectators at the end of the English Premier League soccer match between Arsenal and Everton at the Emirates stadium in London, Sunday, May 19, 2024. Arsenal won the match 2-1 but it was not enough to clinch the Premier League title as Manchester City won their last match of the season the top the season ending standings. (AP Photo/Alastair Grant)

Arsenal's Jorginho and Arsenal's Oleksandr Zinchenko, right, applaud spectators at the end of the English Premier League soccer match between Arsenal and Everton at the Emirates stadium in London, Sunday, May 19, 2024. Arsenal won the match 2-1 but it was not enough to clinch the Premier League title as Manchester City won their last match of the season the top the season ending standings. (AP Photo/Alastair Grant)

Arsenal manager Mikel Arteta applauds spectators at the end of the English Premier League soccer match between Arsenal and Everton at the Emirates stadium in London, Sunday, May 19, 2024. Arsenal won the match 2-1 but it was not enough to clinch the Premier League title as Manchester City won their last match of the season to top the season ending standings. (Mike Egerton/PA via AP)

Arsenal manager Mikel Arteta applauds spectators at the end of the English Premier League soccer match between Arsenal and Everton at the Emirates stadium in London, Sunday, May 19, 2024. Arsenal won the match 2-1 but it was not enough to clinch the Premier League title as Manchester City won their last match of the season to top the season ending standings. (Mike Egerton/PA via AP)

Arsenal's Martin Odegaard reacts at the end of the English Premier League soccer match between Arsenal and Everton at the Emirates stadium in London, Sunday, May 19, 2024. Arsenal won the match 2-1 but it was not enough to clinch the Premier League title as Manchester City won their last match of the season the top the season ending standings. (AP Photo/Alastair Grant)

Arsenal's Martin Odegaard reacts at the end of the English Premier League soccer match between Arsenal and Everton at the Emirates stadium in London, Sunday, May 19, 2024. Arsenal won the match 2-1 but it was not enough to clinch the Premier League title as Manchester City won their last match of the season the top the season ending standings. (AP Photo/Alastair Grant)

Manchester City fans celebrate at the end of the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season. (AP Photo/Dave Thompson)

Manchester City fans celebrate at the end of the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season. (AP Photo/Dave Thompson)

Manchester City's head coach Pep Guardiola celebrates at the end of the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season. (AP Photo/Dave Thompson)

Manchester City's head coach Pep Guardiola celebrates at the end of the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season. (AP Photo/Dave Thompson)

Manchester City fans celebrate during the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. (AP Photo/Dave Thompson)

Manchester City fans celebrate during the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. (AP Photo/Dave Thompson)

Manchester City's Jeremy Doku celebrates at the end of the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season. (AP Photo/Dave Thompson)

Manchester City's Jeremy Doku celebrates at the end of the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season. (AP Photo/Dave Thompson)

Manchester City fans celebrate after Manchester City's Phil Foden scores his side's opening goal during the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. (AP Photo/Dave Thompson)

Manchester City fans celebrate after Manchester City's Phil Foden scores his side's opening goal during the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. (AP Photo/Dave Thompson)

Manchester City's Kyle Walker celebrates with the Premier League trophy after the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season. (AP Photo/Dave Thompson)

Manchester City's Kyle Walker celebrates with the Premier League trophy after the English Premier League soccer match between Manchester City and West Ham United at the Etihad Stadium in Manchester, England, Sunday, May 19, 2024. Manchester City clinched the English Premier League on Sunday after beating West Ham in their last match of the season. (AP Photo/Dave Thompson)

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