"U.S. Intelligence Received Assessments That IDF Lawyers Warned of Possible War Crimes"

The United States obtained intelligence last year indicating that senior legal advisers within the Israel Defense Forces warned of evidence that could potentially support allegations of war crimes during Israel’s military operations in Gaza, according to nine former officials in President Joe Biden’s administration who spoke with Reuters.

The officials described the intelligence as “disturbing,” and said it suggested internal IDF concerns over the legality of at least some operational decisions. The former officials did not disclose the specific incidents referenced in the intelligence reports. However, they said the material raised questions within the U.S. intelligence community regarding whether Israel had deliberately targeted civilians and aid workers — actions that, if proven intentional, could constitute war crimes. Israel has categorically denied those allegations.

Distributed Before Congressional Briefings

According to the sources, the information was shared more widely inside the administration in December 2024, shortly before a classified intelligence briefing to Congress. Representatives from the White House, the State Department, the Pentagon, and the intelligence community participated in the discussions. President Biden was also briefed directly, the officials said.

 The Evidence Was Inconclusive

A key point of debate within the administration was whether acknowledging the findings could obligate the United States under domestic and international law to restrict military support to Israel. Ultimately, administration lawyers determined that the evidence available did not meet the threshold required to conclude that Israel intentionally targeted civilians or obstructed humanitarian aid in Gaza, three of the sources told Reuters.

Such a finding would have compelled the White House to consider suspending arms transfers and intelligence cooperation.

Internal Rift Among U.S. Officials

The legal decision sparked frustration among some administration personnel who argued that Washington should take a firmer stance in response to Israel’s conduct. Other officials countered that formally accusing Israel of war crimes during active negotiations for a ceasefire and hostage release risked strengthening Hamas and undermining diplomatic efforts.

Transition to the Trump Administration

One source told Reuters that the intelligence was transferred to the incoming Trump administration in January, but members of the new administration displayed no interest in pursuing the matter further.