US Intelligence Restrictions During Gaza War: Inside the Biden Administration's Temporary Suspension of Critical Data to Israel

Israel and the United States maintained overall security cooperation throughout the Gaza conflict despite temporary intelligence restrictions.

Washington:

American intelligence officials temporarily suspended sharing certain critical information with Israel during the Biden administration due to concerns regarding Israel's conduct in the Gaza war, according to six individuals familiar with the situation.

During the latter half of 2024, the US suspended a live video feed from an American drone over Gaza that Israeli authorities were utilizing to locate hostages and Hamas militants. This suspension persisted for at least several days, according to five sources.

The US also imposed limitations on how Israel could employ specific intelligence in targeting high-value military objectives in Gaza, according to two sources who declined to specify the timing of this decision.

All sources spoke under condition of anonymity due to the sensitive nature of US intelligence matters.

The decision emerged as concerns grew within the US intelligence community regarding civilian casualties resulting from Israel's military operations in Gaza. Officials were additionally troubled by reports that Shin Bet, Israel's domestic security agency, was mistreating Palestinian detainees.

Three sources indicated that officials were concerned Israel had not provided adequate assurances it would adhere to the laws of war when utilizing American intelligence. Under US regulations, intelligence agencies must receive such guarantees before sharing information with foreign nations.

While the Biden administration maintained an overall policy of continuous support for Israel through intelligence and weapons sharing, the decision within intelligence agencies to withhold certain information was limited and tactical, according to two sources. Officials sought to ensure Israel's use of American intelligence complied with the laws of war.

One individual familiar with the matter stated that intelligence officials possess latitude to make certain intelligence-sharing decisions in real-time without White House directives. Another source noted that any requests from Israel to modify how it utilized US intelligence required new assurances regarding information usage.

Reuters could not determine the exact dates of these decisions or whether President Biden was aware of them. A spokesperson for Biden did not respond to comment requests.

Denying battlefield intelligence to a key ally is unusual. The intelligence sharing resumed after Israel provided assurances it would follow US protocols.

While the Biden administration's concerns about Israel's actions in Gaza have been widely documented, less is known about how US intelligence agencies managed relations with Israeli counterparts. Reuters' reporting highlights the depth of intelligence officials' concerns regarding Israel's use of American intelligence.

Israel's military press office, without directly addressing instances when intelligence was withheld, stated via email: "The strategic intelligence cooperation continued throughout the war."

The Israeli prime minister's office, which oversees Shin Bet, did not respond to comment requests.

Larry Pfeiffer, former senior National Security Agency and CIA official, explained it is standard procedure for the US to require recipients of American intelligence to provide assurances that information would not be used to violate human rights "in any way shape or form."

However, experts note that withholding battlefield intelligence from a key ally, particularly during conflict, is unusual and indicates tension between the nations.

Regarding Israel, such action is politically sensitive given long-standing US-Israeli intelligence ties and strong bipartisan support following the October 7, 2023 Hamas attack that triggered the conflict.

"Intelligence-sharing is sacred, especially with a particularly close ally in a volatile region," stated Daniel Hoffman, former chief of covert CIA operations in the Middle East.

Following the October 7 attack, Biden signed a memorandum directing national security agencies to expand intelligence sharing with Israel, according to two sources.

In subsequent days, the US established a team of intelligence officials and analysts led by the Pentagon and CIA that operated MQ-9 Reaper drones over Gaza, providing Israel with a live feed to help locate Hamas fighters and assist with hostage recovery efforts, according to three sources familiar with the operation.

Reuters could not determine what specific information the US drone feed provided that Israel couldn't obtain independently.

Toward late 2024, American intelligence officials received information raising concerns about Israel's treatment of Palestinian prisoners, according to four sources who did not disclose specific details of the alleged mistreatment.

Rights groups have reported serious abuses of Palestinians in Israeli detention during the war. Israel's military is investigating dozens of cases but maintains abuse is not systematic.

When Shin Bet failed to provide adequate assurances regarding prisoner treatment, American intelligence officials terminated access to the drone feed, two sources said.

The decision to suspend intelligence sharing came after the Biden administration had determined it remained legal for the US to provide weapons and intelligence to Israel despite mounting concerns among some officials that Israel's military operations in Gaza might violate international law.

Israel's Gaza campaign has resulted in over 70,000 Palestinian deaths, primarily civilians, according to Gaza health authorities.

Throughout the conflict, US intelligence analysts continuously assessed whether actions by Israel and Hamas met the US definition of war crimes, according to two individuals familiar with the matter.

Though not formal legal analyses, these assessments raised serious questions about whether Israel's attacks resulting in civilian casualties and its treatment of prisoners violated the laws of war.

Despite intensifying concerns, Biden administration lawyers maintained Israel had not violated international law, according to multiple former officials.

In the administration's final weeks—months after the intelligence was suspended and subsequently restored—senior national security officials convened at a White House National Security Council meeting chaired by President Biden, according to two individuals familiar with the matter.

During this meeting, intelligence officials proposed more formally terminating certain intelligence sharing that had been provided to Israel following the October 7 attack.

The intelligence sharing arrangement was approaching expiration, and intelligence officials expressed deepening concerns that Israel had committed war crimes in Gaza. Just weeks earlier, US intelligence had learned that Israel's own military lawyers warned of evidence potentially supporting war crimes charges against Israel for its Gaza military campaign.

Biden chose to maintain intelligence sharing, noting the incoming Trump administration would likely renew the partnership and that administration lawyers had determined Israel had not violated international law, according to two sources.

The Biden spokesperson did not respond to questions regarding this 2024 meeting and the decision to continue intelligence sharing.