The following cases represent a small fraction
of potential human rights violations committed
with US planes, shells, and bombs

Stephen Semler / The Quincy Institute for Responsible Statecraft

(August 26, 2024) — The Biden administration recently approved five major arms sales to Israel for F-15 fighter aircraft, tank ammunition, tactical vehicles, air-to-air missiles, mortar rounds, and related equipment for each. Though technically sales, most if not all of this matériel is paid for by US taxpayers — Israel uses much of the military aid Congress approves for it effectively as a gift card to buy US-made weapons.

The total value of the five weapons sales exceeds $20.3 billion.

More extraordinary than the price tag of these arms deals is that the White House made them public. Prior to last week’s announcements, it had disclosed just two arms sales to Israel. By March, the Biden administration had already greenlit more than 100 separate weapons deals for Israel, or about one every 36 hours, on average. The administration presumably kept the value of each arms deal “under threshold” to avoid having to notify Congress.

From 2017 to 2019, the US had approved thousands of below-threshold arms sales to Saudi Arabia and the United Arab Emirates worth a total of $11.2 billion. Exploiting this loophole helped the Trump administration avoid scrutiny of its enabling of a devastating and indiscriminate bombing campaign in Yemen. The Biden administration appears to be following the same playbook for the destruction it is enabling in Gaza.

The White House isn’t shy about publicizing arms transfers to other countries. For example, it has been very transparent about the military aid it sent Ukraine since February 2022. Biden promotes arming Ukraine as industrial policy, marketing the military aid as a boon for domestic manufacturing and jobs. The Pentagon not only itemizes what specific matériel the US sends to Ukraine, but also shows on a map where in the US those weapons and equipment are made.

By contrast, nearly all the publicly available information on US arms transfers to Israel comes from leaks reported by the media. The Biden administration says very little about the weapons it delivers to Israel or how the Israeli military uses them. The following analysis is intended to shed light on both. In doing so, it helps explain why the Biden administration prefers to arm Israel in secret.

A Partial List of US Enabled War Crimes

What follows is a non-exhaustive list of attacks by the Israeli military since October 7 that likely violated international law, grouped by the type of US-supplied weapon involved in the attack.

In order for an attack to be listed below, there must be sufficient evidence that it violated international law. In all of the following cases, it’s at least more likely than not that the attack was a violation. Many of them almost certainly were in breach of international law. This is a very high threshold — as former State Department lawyer Brian Finucane wrote in Foreign Affairs, “The law of war permits vast death and destruction. This is true even under restrictive interpretations of the law.”

Furthermore, in order for an attack to be listed, there must be concrete forensic evidence that a US-supplied weapon was likely used to commit the probable violation of international law. Only the types of weapons the US has reportedly delivered to Israel since October 7 are considered. This report draws from forensic investigations that have been conducted by reputable international organizations, civil society groups, media outlets, and independent analysts.

The following 20 incidents represent a small fraction of potential war crimes committed with US-provided weapons.

First, information gathering and fact finding is extremely difficult. Israel restricts U.N. and NGO access to Gaza and doesn’t cooperate with investigations into misuse of US-supplied arms. Members of the press are routinely denied access or attacked: Since October 2023, 116 journalists and media workers have been killed by Israeli airstrikes or sniper fire in Gaza, representing 86 percent of all those killed worldwide, according to data from the Committee to Protect Journalists. Prolonged communication blackouts are commonplace in Gaza.

Second, Israel’s military campaign relies on US weapons, and so US matériel is involved in nearly every facet of Israel’s campaign. For example, Israel usesUS-made aircraft like the F-35, F-16, and F-15 to drop US-made bombs, including the MK-84 (2,000 pounds), MK-83 (1,000 pounds), MK-82 (500 pounds), and 250-pound “small diameter” bombs, which can be fitted with US-made Joint Direct Attack Munition (JDAM) guidance kits.

The vast majority of bombs Israel drops on Gaza are US-made. The US even provides Israel with jet fuel. The US has sent so many arms to Israel since October 7 that the Pentagon has struggled to find sufficient cargo aircraft to deliver the matériel.

Third, Israel’s campaign is historically destructive. In the three weeks after October 7, Israel dropped an average of 6,000 bombs on Gaza per week. By comparison, US and coalition forces dropped on average 488 bombs per week on ISIS militants in Iraq and Syria during Operation Inherent Resolve (OIR) between August 2014 and March 2019. OIR caused immense civilian harm — particularly in densely-populated areas like Mosul and Raqqa — but the scale of death and destruction doesn’t come close to what Israel has done in Gaza.

A former high-ranking officer in the Israeli military told Haaretz that Israeli forces could have made as much progress as they have so far in Gaza with one-tenth of the destruction. This “unusually wasteful” and “reckless” conduct “reflects an absolute assumption that the US will continue to arm and finance it,” he is quoted as saying.

What’s more, according to reporting, Israel has used an Artificial Intelligence program called “Lavender” to generate an unprecedented number of bombing targets with minimal human oversight. The AI program is coded with instructions that appear inconsistent with international law and is deployed with little to no human oversight.

National Security Advisor Jale Sullivan

The Biden administration acknowledges that Israel likely broke human rights law with US-supplied weapons, but claims it doesn’t have enough evidence to link US-supplied weapons to specific violations that would warrant cutting off military aid to Israel. As national security adviser Jake Sullivan told CBS, “We do not have enough information to reach definitive conclusions about particular incidents or to make legal determinations, but we do have enough information to have concern… Our hearts break about the loss of innocent Palestinian life.”

None of that is believable. As this report demonstrates, there is more than enough available information. If the Biden administration is truly concerned about the loss of innocent Palestinian life in Gaza, it can stop Israel’s atrocities by denying it the tools it needs to commit them.

(White phosphorus fired by Israeli army on the Israel-Lebanon border on November 12, 2023. REUTERS/Evelyn Hockstein)

MK-84 and Other 2,000-pound Bombs
Amount delivered since October 7: At least 14,100 (as of June 28). The US sent Israel at least 14,000 MK-84 2,000-pound bombs from early October to late June. Another shipment 1,800 MK-84s is pending: The White House approved their transfer in March, but then paused shipping them in May. The US also delivered 100 2,000-pound BLU-109 bunker-buster bombs between October 7 and December 1.

By mid-December, the Biden administration had already provided Israel with more than 5,000 MK-84 2,000-pound bombs, four times heavier than the largest bombs the US dropped in Syria and Iraq in its war against ISIS. In the first month of its military offensive in Gaza, Israeli forces dropped more than 500 2,000-pound bombs, more than 40 percent of which were dropped in Israeli-designated safe zones. Six weeks into the war, Israel had dropped 2,000-pound bombs in areas to which it had instructed civilians to flee more than 200 times.

October 9, 2023: Israeli airstrikes hit a busy market in Jabalia refugee camp, killing at least 69 people. The market was more crowded than usual because people were in the process of fleeing their homes at the instruction of the Israeli military. The UN Office of the High Commissioner on Human Rights (OHCHR) analysis reported that “one or two GBU-31 air dropped munitions were used” and found no military objective to justify the strike. The GBU-31 is made from a US-made 2,000-pound MK 84 or BLU-109 bomb and a JDAM guidance kit. Neither UN OHCHR nor Amnesty International found evidence of a military target at the time of the attack. Even if there was a legitimate military target, the scale of destruction indicates the Israeli military’s attack was disproportionate. Disproportionate attacks are war crimes — international law prohibitsattacks that are expected to cause excessive civilian harm compared to the direct and provable military advantage anticipated from the attack.

October 17, 2023: After the Israeli military told Gazans to flee to Khan Yunis for their safety, it bombed the al-Lamdani family house in Khan Yunis. Between 15 and 40 people were killed in the attack. Remnants of a US-made MK-84 2,000-pound bomb were found at the site

October 25, 2023: Israeli airstrikes flattened at least 5,700 square meters in the Al Yarmouk neighborhood of Gaza City, killing at least 91 people, including 39 children. A UN assessment determined that “several” 2,000-pound GBU-31s air-dropped munitions were likely dropped by Israeli forces in the attack. According to a report from UN OHCHR, “The use of a GBU-31 or a GBU-32, in such densely populated areas in the middle of residential neighborhoods when extensive civilian harm would be foreseeable, raises very serious concerns that those attacks were disproportionate and/or indiscriminate, and that no or insufficient precautions were taken.”

October 31, 2023: After Israeli airstrikes on Jabalia, Gaza’s largest refugee camp, a nearby hospital said it received 400 casualties, including 120 dead, most of whom were women and children. An analysis of the site showed at least five craters, the largest one likely from a GBU-31. The GBU-31 is made from a JDAM and either a 2,000-pound BLU-109 or MK-84 bomb. According to reports, Israeli forces gave no warning before the attack, and no effort was made to evacuate the residential buildings. UN OHCHR said the attack on Jabalia refugee camp could amount to a war crime.

January 13, 2024: Israeli forces dropped a US-made MK-84 2,000-pound bomb from a US-made F-16 aircraft on a house in Deir al-Balah but it didn’t explode. A second airstrike did destroy the home, leaving an approximately 40-foot size crater, characteristic of a 2,000-pound bomb with a delayed fuse. The Israeli military had designated Deir al-Balah as a safe zone in October. Israeli forces instructed Palestinians in northern Gaza to flee there on December 11 and told Palestinians in central Gaza the same thing on December 22. By mid-January, Israeli bombing had leveled entire city blocks and dozens of family homes in Deir al-Balah.

GBU-39 and Other ‘Small Diameter’ Bombs
Amount delivered since October: At least 2,600 (as of June). More than 2,000 of these “small-diameter” bombs are 250-pound GBU-39 munitions. After Israel received an expedited shipment of 1,000 Boeing-made GBU-39s in early October, the Biden administration approved the transfer of more than 1,000 GBU-39 bombs for Israel on April 1, the same day that Israeli forces bombed a World Central Kitchen convoy, killing seven aid workers. It’s likely that far more GBU-39s have been delivered to Israel than the amount listed here.

Purportedly out of concern for Palestinian civilians, the Biden administration is urging the Israeli military to use more 250-pound GBU-39s and fewer less-precise 2,000-pound bombs. The result appears to have been a surge in possible war crimes committed with GBU-39s.

The relative size of bombs doesn’t matter much if Israeli forces disregard fundamental rules governing targeting in international law, including distinction, precautions, and proportionality. As retired US Air Force master sergeant Wes Bryant told the New York Times, “While they’re using smaller bombs, they’re still deliberately targeting where they know there are civilians.”

Boeing markets its GBU-39 as a “low collateral damage” precision weapon.

John Kirby: “discreet, targeted and precise.”

Echoing Boeing, White House spokesperson John Kirby said Israel’s use of these 250-pound bombs is “certainly indicative of an effort to be discreet and targeted and precise.” The blast from a GBU-39 bomb can kill or injure people over 1,000 feet away, and shrapnel from the bomb’s steel casing can kill or injure anyone within 570 feet.

January 9, 2024: Israeli forces bombed a residential building in a neighborhood the Israeli military had repeatedly ordered displaced Gazans to flee to. The attack killed 18 people, including 10 children, and wounded at least eight others. Israeli forces gave no warning to evacuate. An investigation found no evidence that the building or anyone in it could be considered a legitimate military target. The Israeli government has yet to give a reason for the strike. Fragments from a US-made Boeing GBU-39 were recovered from the rubble.

May 13, 2024: Israeli forces bombed a school housing displaced civilians in Nuseirat, killing up to 30 people. A tail fin of a US-made GBU-39 was recovered at the location of the strike

May 26, 2024: An Israeli airstrike on a displacement camp in Rafah filled with makeshift tents killed at least 46 people — including 23 women, children and older adults — and injured more than 240 others. The tail of a US-made GBU-39 bomb was recovered at the site of the attack. The “81873” on the munition fragment is the identifier code the US government assigned to Woodward, a Colorado-based manufacturer that supplies bomb parts, including the GBU-39. The State Department refused to acknowledge that this was a US-made weapon. Israeli forces claimed munitions stored at the camp caused most of the devastation, but there is no evidence of a weapons cache present.

Israeli airstrike on the UN-run al-Sardi school in Nusreit

June 6, 2024: At least two GBU-39 munitions were used in an Israeli airstrike on the UN-run al-Sardi school in Nusreit, central Gaza. At least 40 people were killed in the strike, including nine women and 14 children. About 6,000 displaced Palestinians were sheltering at the school when it was bombed. The Israeli military denied that there were any civilian casualties. Israeli human rights group B’Tselem said the attack is a possible war crime. A US-made navigation device manufactured by Honeywell was also documented at the site.

August 10, 2024: More than 100 Palestinians were killed in an Israeli airstrike on al-Tabin school in Gaza City, which was being used to shelter displaced people. The Israeli military said it used “precise munitions.” Paramedics who arrived at the scene said they found bodies “ripped to pieces” and that many bodies were unidentifiable. Parents reported difficulty identifying their deceased children. Remnants of at least two Boeing-made GBU-39 small diameter bombs were identified at the scene. Two investigations found no evidence that the school was being used for military operations, as the Israeli military claimed. The list of fighters the Israeli army alleged it killed in the strike included several people who had previously been listed as deceased and civilians with no known military ties.

Joint Direct Attack Munitions (JDAM)
Amount delivered since October 7: At least 3,000 (as of December 1).

October 10, 2023: An Israeli airstrike on the al-Najjar family home in Deir al-Balah killed 24 civilians. The code stamped on a recovered munition fragment, 70P862352, indicates that a US-supplied JDAM was used in the attack. The Boeing-made guidance kit was likely fitted to a 2,000-pound bomb. Survivors said Israel gave civilians no warning of an imminent strike. Amnesty International said the attack must be investigated as a war crime.

October 22, 2023: An Israeli airstrike on the Abu Mu’eileq family home in Deir al-Balah killed 19 people, including 12 children. The home was located in the area to which the Israeli military had ordered residents of northern Gaza to flee on October 13. The code stamped on the recovered scrap, 70P862352, is associated with JDAMs and Boeing. The Boeing-made JDAM kit was fitted to a bomb that weighed at least 1,000-pounds. Survivors said Israel gave no warning of an imminent strike. Amnesty International said the attack must be investigated as a war crime.

March 27, 2024: An Israeli strike on the Emergency and Relief Corps of the Lebanese Succour Association, a humanitarian organization, killed seven emergency and relief volunteers in southern Lebanon. The strike used a US-made JDAM guidance kit affixed to an Israeli-made 500-pound bomb. Human Rights Watch said that the incident should be investigated as a war crime.

July 13, 2024: An Israeli strike on the Al-Mawasi — an Israeli military-designated “safe zone” — killed over 90 people and injured hundreds more. Remnants of a US-made JDAM were found at the scene. Based on the size of the fin fragment, the JDAM was likely fitted to either a 1,000- or 2,000-pound bomb.

Video shows US-made Apache helicopters firing several Hellfire missiles into the Nuseirat refugee camp.

Hellfire Missiles
Amount delivered: At least 3,000 (as of June 28)

June 8, 2024: Israel’s operation to rescue four hostages in the Nuseirat refugee camp in central Gaza killed nearly 300 Palestinians. A witness reported Israeli attack helicopters launching many strikes in Nuseirat and surrounding areas. Another witness said 150 rockets fell in less than 10 minutes. Remnants of at least two US-made Hellfire missiles were found in a damaged residential building.

Video shows US-made Apache helicopters firing several Hellfire missiles into the Nuseirat refugee camp. The Israeli military also bombed a busy market several blocks south of where the Israeli hostages were kept, and in the opposite direction of the evacuation route. UN OHCHR said the raid “seriously calls into question whether the principles of distinction, proportionality and precaution — as set out under the laws of war — were respected by the Israeli forces.”

June 23, 2024: An Israeli airstrike on a health clinic in Gaza City killed five people, including Hani al-Jaafarawi, Gaza’s director of ambulances and emergency. He was reportedly the 500th medical worker killed during Israel’s military campaign in Gaza. The rocket motor of a US-supplied Hellfire missile was recovered at the health care center.

July 14, 2024: Hundreds of Palestinians were taking refuge at the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) Abu Oraiban school when it was hit by an Israeli airstrike, killing at least 22 people. The Israeli military issued no warning to the displaced people sheltering there before the attack. US-made Hellfire missile fragmentswere found at the school, including part of its guidance system and motor. (Remnants of a Boeing-made GBU-39’s tail section were also recovered at the site.)

120-mm Tank Shells
Amount delivered since October 7: At least 13,981. A day after the US vetoed a UN Security Council resolution calling for a ceasefire in Gaza and the unconditional release of hostages, the White House notified Congress on December 8 that it had approved the sale of 13,981 120mm M830A1 high-explosive tank cartridges to Israel.

The Biden administration invoked an emergency authority to bypass the congressional review period. Because the shells were sourced from US Army inventory, they could be transferred immediately to Israel.

The day before, Reuters, Human Rights Watch, and Amnesty International all published investigations providing evidence that an Israeli tank likely deliberately fired two Israeli-made 120mm shells at a group of journalists in southern Lebanon in October, killing one Reuters journalist and injuring six others. Both Human Rights Watch and Amnesty International said the incident was an apparent war crime. Israeli tanks have also struck hospitals and humanitarian shelters using 120mm tank rounds. On August 13, the Biden administration notified Congress that it approved a $774 million arms sale to Israel for 32,739 120mm tank cartridges.

January 29, 2024: Six-year-old Hind Rajab was the only survivor in her family’s car after Israeli tanks opened fire. Over the phone, Hind begged rescue workers to come save her. The Palestine Red Crescent Society dispatched an ambulance with two emergency workers. At least one Israeli tank opened fire, killing both paramedics. A fragment of a US-made M830A1 120mm tank round was documented at the scene.

155-mm Artillery Shells
Amount delivered: At least 57,000 (as of December 1). This total includes thousands of 155mm rounds originally for Ukraine that the Biden administration diverted to Israel in October. Netanyahu specifically requested 155mm artillery shells from US lawmakers in mid-November.

Around the same time, more than 30 organizations urged the Biden administration to not supply Israel with these munitions because their inaccuracy and 100-300 meter casualty radius make them “inherently indiscriminate” in the Gaza context. “It is difficult to imagine a scenario in which high explosive 155mm artillery shells could be used in Gaza in compliance with [international humanitarian law],” the organizations wrote.

On December 29, the White House notified Congress that it approved the sale of an additional 57,021 155mm shells to Israel. The Biden administration invoked an emergency authority to bypass the congressional review period. Israeli forces will likely fire these rounds from US-made howitzers. The Israeli military announced earlier that month it fired over 100,000 artillery rounds during the first 40 days of its ground invasion of Gaza, adding that artillery plays a “central role” by providing “intense fire cover” for its ground forces.

October 16: Israeli forces fired 155mm artillery shells containing white phosphorus into Dhayra, southern Lebanon. At least nine civilians were killed and civilian property was damaged. Lot production codes found on the shells indicate they were made in the US. Amnesty International saidthe attack was indiscriminate and must be investigated as a war crime.

Armored Vehicles
Amount delivered since October 7: Unknown. The Israeli Ministry of Defense reported on October 19 that US Air Force cargo airplanes delivered the first tranche of US-made David light-armored vehicles, part of a $22 million arms deal from April 2023.

November 14, 2023: The first photo below from the Israeli Ministry of Defense shows David light armor vehicles after being unloaded from a US Air Force C-17 at Ben Gurion Airport on October 19. The second photo shows Israeli forces using David light armor vehicles to obstruct an ambulance en route to a hospital on November 14, arresting the wounded person inside. International humanitarian law prohibits attacks on and obstruction of medical transport.

Stephen Semler is co-founder of the Security Policy Reform Institute, a think tank that develops policy ideas for the working class. He writes the Polygraph newsletter on Substack.

The views expressed by authors on Responsible Statecraft do not necessarily reflect those of the Quincy Institute or its associates.