The U.S. found five units of the Israel Defense Forces responsible for individual incidents of gross violations of human rights, though the possibility of cutting funding to the American ally under the Leahy Laws remains uncertain. These violations happened before attacks by Hamas militants and did not occur in Gaza. Four of the units have taken steps to remediate the situation, while discussions with Israel continue regarding the remaining unit. The U.S. is required to consult with Israeli officials when violations are identified under the Foreign Assistance Act, and decisions will be made once the process is complete. The fifth unit is currently still eligible to receive U.S. arms.
The Leahy Laws refer to two provisions that prohibit the use of funds for foreign security forces involved in gross human rights violations. Senator Patrick Leahy pushed for this legislation in the 1990s to prevent American military aid from supporting foreign units guilty of extrajudicial killings, torture, and other abuses. The law mandates a cutoff of aid if credible evidence of gross abuses is found, extending to Defense Department training of foreign militaries. There have been accusations that previous U.S. administrations, including Biden’s, have avoided rigorous investigations into allegations of Israeli military abuses against Palestinians to circumvent these laws.
The Israeli government asserts that its security forces investigate and hold offenders accountable for any abuses. However, there are growing concerns within Israeli officials that the International Criminal Court could issue arrest warrants against Prime Minister Benjamin Netanyahu and other top officials for actions related to the war in Gaza. The ICC may accuse them of responding excessively to attacks by Hamas and impeding humanitarian aid delivery to Gaza. These reports are causing alarm in Israel as the country is bracing for potential legal action from the international community.
Secretary of State Antony Blinken has brought up the issue with Israeli Defense Minister Yoav Gallant, indicating the seriousness of the situation. The State Department emphasizes that the Leahy Laws are in place to ensure that U.S. assistance to foreign security forces does not enable human rights violations. The law was designed to hold foreign military units accountable for their actions and provide a mechanism to address gross abuses. The ongoing consultations between the U.S. and Israel demonstrate a commitment to upholding these standards and addressing any violations that are identified.
The State Department asserts that the U.S. has a longstanding security relationship with Israel and that the Leahy Laws are not intended to sever that bond. Instead, the laws are meant to ensure that American military aid and training do not inadvertently support units engaged in gross human rights violations. The process of identifying and addressing violations through consultations with the Israeli government is a part of maintaining accountability and promoting adherence to international human rights standards. The implications of potential actions under the Leahy Laws remain to be seen as the U.S. and Israel navigate this complex situation.
