The US military’s assistance to Israel during operations in Gaza has drawn sharp criticism from Human Rights Watch, which claims this involvement may implicate the United States in violations of international law. According to a report released on Tuesday, the rights organization argues that the United States could face joint responsibility for war crimes committed by Israeli forces.
Sarah Yager, the Washington director at Human Rights Watch, stated, “The direct US participation in military operations with Israeli forces means that as a matter of international law, the United States has been and currently is a party to the armed conflict in Gaza.” This assertion underscores the complex legal implications of the US’s role in the ongoing conflict.
International humanitarian law categorizes the conflict between Israel and Palestine in Gaza as a non-international armed conflict. Under Article 3 of the Geneva Convention, actions such as murder, mutilation, and torture are strictly prohibited. The implications of this classification are significant, as it frames the responsibilities of all parties involved.
In its analysis, Human Rights Watch referenced the Draft Articles on State Responsibility for International Wrongful Acts. Article 16 states that a state is liable for aiding another state in committing an internationally wrongful act if it has knowledge of the circumstances and if the act would be wrongful if committed by that state. This raises critical questions regarding the US’s involvement, particularly given its provision of weapons, intelligence, and other military support to Israel.
The report highlights specific actions taken by the US military, including consultations with Israeli officials prior to airstrikes in Gaza on March 18, 2025. It also noted that US military officials have provided “actionable intelligence” to Israel, which Human Rights Watch argues constitutes a violation of the Geneva Convention and the Draft Articles.
In August 2024, the US Department of State announced sanctions against members of the International Criminal Court following arrest warrants issued for Israeli leaders concerning war crimes committed in Gaza. The August report, titled 2024 Country Reports on Human Rights Practices, has also drawn criticism for scaling back references to human rights abuses related to sexuality, gender, and race.
The ongoing situation in Gaza continues to evoke strong reactions from human rights organizations and international observers, who call for accountability and adherence to international law. The implications of US military aid and its potential complicity in alleged war crimes remain a focal point in discussions surrounding the conflict.