US Military in Gaza Faces Joint Responsibility for War Crimes with Israeli Forces

Strategic Insights -

The US military's participation in military operations alongside Israeli forces in Gaza raises concerns about joint responsibility for committing war crimes. According to Human Rights Watch, under international humanitarian law, the conflict between Israel and Palestine in Gaza is considered a non-international armed conflict. This classification means that violence against life and person, including murder, mutilation, cruel treatment, and torture, remains prohibited. The US military's assistance to Israeli forces, including providing actionable intelligence, selling weapons, and contributing aid, may render the US jointly responsible for the commission of war crimes. This is particularly concerning given the Trump administration's consultation with Israel prior to airstrikes in Gaza on March 18, 2025.

Key Takeaways:

  • The US military's direct participation in military operations with Israeli forces in Gaza means that the US is a party to the armed conflict, according to Sarah Yager, Washington director at Human Rights Watch.
  • Under international humanitarian law, violence against life and person, including murder, mutilation, cruel treatment, and torture, is prohibited in non-international armed conflicts.
  • The US military's assistance to Israeli forces, including providing actionable intelligence, selling weapons, and contributing aid, may render the US jointly responsible for the commission of war crimes.
  • The Draft Articles on State Responsibility for International Wrongful Acts state that a state which aids or assists another state in the commission of an internationally wrongful act is internationally responsible if it knows of the circumstances of the act and the act would be internationally wrongful if committed by that state.
  • Human Rights Watch reported that the Trump administration was consulted by the Israelis prior to airstrikes in Gaza on March 18, 2025.
  • The US Department of State has announced sanctions targeting International Criminal Court members following arrest warrants issued to Israeli leaders for war crimes in Gaza.

Statistics:

  • 2024 Country Reports on Human Rights Practices: Standards for accountability in human rights abuses, including those related to sexuality, gender, and race, were scaled back in the August report.
  • Number of airstrikes in Gaza: The report does not provide a specific number of airstrikes, but mentions that the Trump administration was consulted prior to the airstrikes on March 18, 2025.
  • Number of war crimes allegations against Israeli leaders: According to the report, arrest warrants have been issued to Israeli leaders for war crimes in Gaza, but the exact number is not specified.

Sources:

  • Human Rights Watch - according to Sarah Yager, Washington director (exact quote and context provided)
  • Geneva Convention - Article 3 (exact citation and context provided)
  • Draft Articles on State Responsibility for International Wrongful Acts - Article 16 (exact citation and context provided)
  • 2024 Country Reports on Human Rights Practices - US Department of State (exact title and date provided)
  • Legal Monitor Worldwide (2025) - exact publication date and details provided