US report on Israel is damning but cautiously equivocal – here are the key passages
Israel has probably broken international law – that’s the conclusion of a US State Department report that is both damning yet cautiously equivocal too.
The report, released late last night, is highly critical of Israel, but will also be seen as intentionally non-committal by its critics.
Eagerly anticipated – it was due on Wednesday – the report was written by the US State Department for the US Congress as part of an audit determining how US-supplied weapons overseas are being used.
It concludes that it is “reasonable to assess” that some of Israel’s actions in Gaza have been “inconsistent with its international humanitarian law obligations”.
That is a significant admission by the US government.
But in a feat of legal and verbal gymnastics, the same report also concludes that Israel has not broken the terms for its use of US weapons.
The report is officially called a National Security Memorandum (NSM).
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NSMs are published periodically to determine whether countries to whom America provides weapons have broken the terms for use of those weapons.
In other words, they determine whether weapons are being used in accordance with International Humanitarian Law (IHL).
Given the accusations against Israel over Gaza, this report is particularly pertinent.
Remember that a significant proportion of the weapons being used by Israel in Gaza are provided by the US.
The key passages:
• “The nature of the conflict in Gaza makes it difficult to assess or reach conclusive findings on individual incidents. Nevertheless, given Israel’s significant reliance on US-made defence articles [weapons], it is reasonable to assess that defence articles covered under NSM-20 have been used by Israeli security forces since 7 October in instances inconsistent with its IHL obligations or with established best practices for mitigating civilian harm.”
• “While Israel has the knowledge, experience, and tools to implement best practices for mitigating civilian harm in its military operations, the results on the ground, including high levels of civilian casualties, raise substantial questions as to whether the IDF is using them effectively in all cases.”
• “While the US has had deep concerns during the period since 7 October about action and inaction by Israel that contributed significantly to a lack of sustained and predictable delivery of needed assistance at scale, and the overall level reaching Palestinian civilians – while improved – remains insufficient, we do not currently assess that the Israeli government is prohibiting or otherwise restricting the transport or delivery of US humanitarian assistance…”
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The question then is how the US government can conclude that Israel had not violated the terms of the weapons transfer agreement, given that it has concluded that it is “reasonable to assess” that some of Israel’s actions in Gaza have been “inconsistent” with international law?
The US government is hiding behind the fog of war, claiming that they have not assessed any specific case where there has been a clear violation of international humanitarian law.
They have repeatedly told us that they have concerns and that they have opened inquiries with the Israeli government, but that not all the information has been provided.
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The incomplete nature of the investigations into their concerns and the lack of any definitive legal conclusion to the incidents, allows the US government to fall short of concluding that the terms of the weapons deal with Israel have been broken.
US officials also argue that an individual incident or violation by itself does not determine a country’s overall compliance with international humanitarian law.
The report also concludes that US does “not currently assess that the Israeli government is prohibiting or otherwise restricting the transport or delivery of US humanitarian assistance”.
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That assessment is already out of date given the closure, by Israel, of both the Rafah and Karem Shalom crossings in southern Gaza preventing all aid from crossing into the strip.
Aid agencies had already criticised the delay of the report’s release, with accusations that it was softened to avoid having to conclude that Israel had violated the weapons deal.
With its release, eventually coming at 5pm Washington time on a Friday, the White House was accused of trying to bury unhelpful news; something a spokesperson denied.
There are 161 people still missing in Texas in the aftermath of last weekend’s deadly flash floods, the state’s governor has said.
Speaking at a news conference on Tuesday, governor Gregg Abbot said the number of missing had risen markedly.
He said among the missing were five children and one counsellor from Camp Mystic – where at least 27 people were killed in the flash flooding.
At least 109 people are confirmed to have died in the floods, which took place on the 4 July weekend, but this figure has been steadily climbing ever since.
People comforted each other in Kerville. Pic: Jason Fochtman/Houston Chronicle via AP
The bulk of deaths, and the main search for additional bodies, have been concentrated in Kerr County and the city of Kerrville.
The area was transformed into a disaster zone when torrential rains struck the region early last Friday, unleashing deadly flooding along the Guadalupe River.
Travis County, Kendall County, Burnett County, Williamson County, and Tom Green County were also hit.
Mr Abbot said many of those who were unaccounted for were in the Texas Hill Country area, but had not registered at a camp or hotel, posing further challenges for authorities.
Camp Mystic
Mr Abbot planned to make another visit to Camp Mystic.
The century-old all-girls Christian summer camp was badly hit by the flash floods, with at least 27 campers and counsellors dying.
Hanna Lawrence, left, and Rebecca Lawrence, right. Pic: John Lawrence/AP
Lila Bonner (L) and Eloise Peck both died in the flash floods at Camp Mystic, Texas. Pic: Family handout
Chloe Childress. Pic: Debra Alexander Photography via AP
Some of the victims include Hanna and Rebecca Lawrence, both eight, Chloe Childress, 19, who was among the counsellors at Camp Mystic when the flood hit, and Eloise Peck and Lila Bonner, both nine.
There were scenes of devastation at the camp as the flood water receded.
Outside the cabins where the girls had slept, mud-splattered blankets and pillows were scattered.
Also in the debris were pink, purple and light blue luggage, decorated with stickers.
A view inside a cabin at Camp Mystic after the flooding. Pic: Ronaldo Schemidt/AFP via Getty Images
Camper’s belongings lie on the ground following flooding on the Guadalupe River, at Camp Mystic.
Pic: Reuters
‘Everything looked flooded and broken’
One of the campers, 10-year-old Lucy Kennedy, told Sky’s US partner network, NBC News, that she woke up to the sound of thunder at around midnight before the floods struck.
“I couldn’t go back to sleep,” she said. “I just had a feeling that something really bad was about to happen.”
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She said the girls at the camp were told to grab blankets, pillows and water bottles and line up single file as the floodwater rose, before getting airlifted to safety.
Wynne Kennedy, Lucy’s mother, added: “When I saw her, she was wrapped up in a blanket, had a teddy bear.
“We just held each other tight, and I held her all night.”
Their home in Kerrville was also destroyed by the flash floods.
Lucy Kennedy, 10 who was rescued from Camp Mystic, and her mother Wynne. Pic: NBC
Political row
Meanwhile, a political row has unfolded parallel to the recovery efforts, with some questioning whether local authorities sent out warnings and alerts early enough.
Similarly, Democrats have criticised Donald Trump over cuts his Elon Musk-launched Department of Government Efficiency (DOGE) has made to the National Weather Service – but it isn’t clear whether these actually made any difference.
Read more:
Sisters killed in Texas flooding found holding hands
Why did deadly Texas floods catch people by surprise?
Wall of water
The flash floods erupted before daybreak on Friday, after massive amounts of rainfall caused the Guadalupe River to rise by eight metres in less than an hour.
The wall of water overwhelmed cabins, tents and trails along the river’s edge.
Some survivors were found clinging to trees.
Some of the campers had to swim out of their cabin windows to get to safety, while others clung to rope to make it to higher ground.
The date for Sean “Diddy” Combs’s sentencing hearing has been confirmed.
Following his high-profile trial, the hip-hop mogul was found guilty of two counts of transportation for prostitution by jurors in Manhattan, New York, last week – but was cleared of sex-trafficking and racketeering conspiracy.
Defence lawyers argued Combs, who has been in prison in Brooklyn since his arrest in September last year, should be bailed ahead of sentencing given the not guilty verdicts for the more serious charges, but Judge Arun Subramanian denied this – citing, among other things, the rapper’s own admissions of previous violent behaviour.
Sean ‘Diddy’ Combs in court after the verdict was delivered. Pic: Reuters/ Jane Rosenberg
The charges of sex-trafficking and racketeering conspiracy carried a potential life sentence. Combs still faces up to 20 years in prison for the prostitution-related offences, but is not expected to receive the maximum punishment.
After the verdict was delivered, the judge scheduled the sentencing hearing for 3 October. At a remote follow-up conference on Tuesday, with agreement from the defence and prosecution, the judge approved the date.
Combs joined the call but did not make any comment.
Any sentence will include credit for time already served – which will be just over a year by the time the hearing takes place.
During his trial, Combs was accused by prosecutors of abusing and coercing three alleged victims, including his former long-term partner, singer and model Cassie Ventura.
Jurors found the allegations did not amount to sex-trafficking or racketeering, or running a criminal enterprise – but they did find him guilty of transporting Cassie and another former girlfriend “Jane” for prostitution offences around the US, and paying male escorts to engage in sexual encounters.
Despite the guilty verdict on those charges, the 55-year-old’s team described it as “the victory of all victories”.
Read more:
How the trial unfolded
The rise and fall of Sean ‘Diddy’ Combs
In an interview over the weekend, defence lawyer Marc Agnifilo said Combs had received a standing ovation from fellow inmates when he returned to jail after being acquitted of the more serious charges.
“They all said, ‘We never get to see anyone who beats the government’,” he said.
Ahead of sentencing, Combs’s lawyers will file their recommendations by 19 September, with prosecutors likely to follow a week later.
Prosecutors previously said the rapper could face about four to five years in prison under federal sentencing guidelines, while the defence has suggested a two-year sentence.
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