Three serving US government attorneys have accused the Department of Justice of a “glaring gap” in upholding US laws in cases where Israeli military forces or civilians have allegedly killed American citizens. The lawyers, two of whom spoke anonymously to the BBC, raised concerns in a letter to US Attorney General Merrick Garland that there had been a “potential violation of US law”.
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Americans in West Bank and Gaza
They cited cases of Americans who were allegedly killed in Israeli attacks in the occupied West Bank, Gaza and Lebanon and called for the department to open investigations. The Department of Justice declined to comment when asked about the letter and other issues raised by its authors.
Asked to comment on the cases cited in the letter, the Israeli embassy in Washington said: “The State of Israel is committed to the rule of law. Every incident is thoroughly investigated by the IDF, and conclusions are drawn accordingly.”
The letter underscores a series of principles regarding US citizens killed abroad that Mr Garland, who leads the Department of Justice (DoJ), had publicly highlighted recently. America’s top lawyer had emphasised the importance of applying US law when Americans are killed overseas and the need to expand US jurisdiction to prosecute alleged war crimes regardless of the nationality of those accused.
The letter says: “We write to address the glaring gap in our enforcement of these principles in connection with potential violations of U.S. law by Israeli government forces, citizens, and others acting in concert with them. ”Despite credible evidence of violations of U.S. law… the Department has taken no public steps to hold the perpetrators to account, even when the victims are U.S. citizens.
“The Department’s silence and apparent inaction is a stark omission,” it adds.
The letter’s authors say that unlike the US Department of State, the justice department has no informal mechanism for serving officials to express dissent. It’s unclear how widely the views expressed in the letter are shared among the thousands of attorneys who work at the department.
Their letter cites five US citizens killed in the occupied West Bank – Aysenur Ezgi, Tawfiq Abdel Jabbar, Mohammad Khdour, Omar Assad, and Shireen Abu Akleh. Their families have demanded accountability of Israeli forces or settlers alleged to be responsible for their deaths.
The appeal follows recent weeks of intensifying conflict between Israeli forces and Palestinian militants, with casualties reported on both sides. Rising tensions in the West Bank and Gaza have fueled calls for a ceasefire, but sporadic violence has continued, leaving civilians increasingly vulnerable. Among the deceased were several U.S. citizens, some reportedly caught in crossfire while others were victims of targeted attacks, according to sources familiar with the incidents.
State Department spokesperson Ned Price confirmed that the deaths of American citizens were under review, but did not specify whether a formal investigation had begun. “The safety and security of U.S. citizens is our highest priority,” Price stated. “We are actively engaging with local authorities to gather information, and we extend our deepest condolences to the affected families.”
Families of the American victims have also been vocal in demanding justice, calling on both the U.S. government and international organizations to investigate the circumstances surrounding their loved ones’ deaths. Advocates argue that an impartial inquiry is crucial to uncover the facts and ensure accountability.
The call for a probe reflects growing concern over the rising toll on civilians, many of whom are either foreign nationals or hold dual citizenship. As the violence escalates, international organizations have urged for restraint and adherence to humanitarian law, stressing the need to protect civilians in conflict zones.
Senator Lisa Montgomery, who has been vocal about U.S. interests in the Middle East, said the investigation could serve as a catalyst for more robust policies to protect Americans abroad, especially in high-conflict areas. “The tragedies we’re seeing underscore the need for clear, preventative measures,” she said. “We must do everything we can to keep our citizens safe.”
While the situation in the region remains volatile, the growing pressure on the U.S. government highlights the unique challenges of protecting citizens in conflict zones. The State Department has advised Americans to exercise extreme caution in these areas and reiterated its commitment to ensuring the safety of its citizens.
For families awaiting justice, the push for an investigation represents a crucial step toward closure and accountability, even as broader questions about U.S. policy in the region remain.
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