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Palestinian children stand amidst the debris of destroyed structures in Jabalia, northern Gaza Strip, on November 6, 2025. — Reuters
Last year, U.S. intelligence indicated that Israel’s military legal advisors warned there was evidence potentially supporting charges of war crimes linked to Israel’s military operations in Gaza. This intelligence, previously unreported, was among the most startling pieces of information shared with U.S. policymakers during the conflict. It revealed doubts within the Israeli military about the legality of their tactics, which sharply contrasted with Israel’s public defense of its actions.
Two former U.S. officials stated that this intelligence was not widely circulated within the U.S. government until late in President Biden’s administration, when it was more broadly shared ahead of a congressional briefing in December 2024. The information heightened concerns in Washington about Israel’s conduct in a war that Israel claimed was necessary to eliminate Hamas fighters embedded in civilian infrastructure—the same group responsible for the October 7, 2023, attack on Israel. There were worries that Israel was intentionally targeting civilians and aid workers, which could constitute war crimes, a claim Israel strongly denies.
U.S. officials expressed alarm over these findings, especially as the rising civilian death toll in Gaza raised questions about whether Israel’s military operations might be violating international legal standards regarding collateral damage. The former officials did not specify what particular incidents or evidence prompted these legal concerns from Israel’s military.
According to Gaza health officials, Israel has killed over 68,000 Palestinians during a two-year campaign, with the military stating at least 20,000 of those killed were militants. Nine former U.S. officials who served during President Biden’s term, including six with direct knowledge of the intelligence and the internal debates, spoke anonymously due to sensitivity.
Reports of internal dissent within the U.S. government over Israel’s Gaza campaign emerged during Biden’s presidency. This account, based on detailed recollections from those involved, provides a comprehensive picture of the intensity of the debate in the final weeks before the transition to President Trump’s term in January.
The Israeli ambassador to the U.S., Yechiel Leiter, declined to comment on the intelligence or the internal discussions. Neither the Israeli Prime Minister’s office nor the military promptly responded to requests for comment.
The intelligence prompted an interagency meeting at the National Security Council, where officials and legal experts discussed how to respond. Declaring that Israel committed war crimes would have meant halting future arms shipments and ceasing intelligence sharing, both of which are essential given Israel’s close cooperation with U.S. intelligence over decades, particularly regarding the Middle East.
During December, officials from across the government, including State, Defense, intelligence agencies, and the White House, discussed the issue. President Biden was also briefed by national security advisors. The White House did not comment publicly; a State Department spokesperson simply stated, “We do not comment on intelligence matters.”
Ultimately, the debate within the Biden administration concluded that supporting Israel with weapons and intelligence remained legal because the U.S. had not independently gathered evidence proving Israeli violations of the laws of armed conflict. The reasoning was that the intelligence did not demonstrate Israeli intent to deliberately kill civilians or block aid, which are critical elements for legal liability.
Some senior officials hesitated, fearing that publicly labeling Israel’s actions as war crimes could force the U.S. to cut off military aid, potentially emboldening Hamas, delaying ceasefire talks, and shifting the political landscape in favor of the militant group. Hamas had launched a brutal attack on October 7, 2023, killing 1,200 people and kidnapping 251, prompting Israel’s military response.
This decision to avoid a definitive stance frustrated some involved, who believed the Biden administration should have been more outspoken about alleged Israeli abuses and the U.S. role in enabling them. Former officials noted that President Trump and his officials, briefed on the intelligence, showed little interest after taking office in January and increasingly aligned with Israel.
Concerns about potential war crimes predated the intelligence, with State Department lawyers regularly raising worries about Israel’s conduct in Gaza during meetings with Secretary of State Antony Blinken. They believed Israel’s military actions might violate international humanitarian law and possibly amount to war crimes. However, these lawyers avoided making conclusive assessments, a move criticized by others in the department, who saw it as a way of avoiding accountability.
The lack of definitive conclusions was reflected in a 2024 State Department report suggesting Israel might have violated international law using U.S.-supplied weapons, though it acknowledged the complexities of the conflict. Secretary Blinken said the Biden administration continuously reviewed Israel’s compliance with laws of armed conflict but declined to discuss specific intelligence.
Internationally, concerns about war crimes escalated when, last November, the International Criminal Court in The Hague issued warrants for Israeli Prime Minister Benjamin Netanyahu, his former defense chief, and Hamas leader Mohammed Deif—alleging crimes related to the Gaza conflict. Israel dismisses the ICC’s jurisdiction and denies any war crimes, as does Hamas regarding any allegations against them.
Throughout the final weeks of Biden’s presidency, U.S. officials debated whether the U.S. could be considered complicit if Israeli officials faced international charges. While publicly supporting Israel, private discussions acknowledged the potential diplomatic and political vulnerabilities this issue posed for Democrats. Biden and Vice President Kamala Harris’s campaigns faced scrutiny over these debates.
Biden has yet to comment on this matter. Democratic Senator Chris Van Hollen from Maryland, a critic of Israel’s Gaza operations and U.S. support, accused the Biden administration of intentionally ignoring evidence of war crimes. He argued that the U.S. had “deliberately looked the other way” despite overwhelming evidence of the misuse of American weapons in Gaza.
Israel maintains that its military operations are aimed at Hamas, not civilians, and claims to take measures to minimize civilian harm, including issuing warnings and using appropriate munitions to target militants embedded in civilian sites. The Israeli military stated it is investigating approximately 2,000 incidents of possible misconduct, including civilian casualties and infrastructure damage, some of which emerged during the Hague’s genocide case against Israel.
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