The Biden administration recently decided to pause its planned use of the Leahy Law to sanction Israeli Defense Forces (IDF) battalions for alleged human rights violations in the West Bank, marking the first time in the decades-long partnership between the U.S. and Israel that this act would be invoked. The potential sanctions would have triggered an automatic cut-off for the battalion, preventing them from receiving any U.S. military training or assistance, as well as foreign aid. However, the administration announced over the weekend that it would not invoke the law after receiving “new information” from the Israeli government and guarantees that the issue would be handled. State Department officials confirmed that four of the units in question had taken steps to remediate the situation, while ongoing consultations were taking place with the Israeli government regarding the remaining unit.
The Leahy Law consists of two provisions that prohibit the U.S. from providing funds to foreign security forces implicated in gross violations of human rights. The Biden administration’s initial intention to use this law drew criticism from some quarters, with allegations that the move was politically motivated rather than substantive. Nick Stewart, a senior director at FDD Action, argued that the administration’s handling of the situation could set a dangerous precedent and called for a congressional probe to ensure U.S. laws were not being weaponized against an ally for partisan reasons. Congress had considered invoking the Leahy Law to sanction specific IDF battalions in response to alleged human rights violations in the West Bank.
Amid concerns over potential backlash from invoking the Leahy Law, the administration has faced pressure from various groups advocating for the U.S. to maintain a zero-tolerance policy towards anti-Semitism and ensure the safety of Jewish students on college campuses, including at Columbia University. The move to reconsider invoking the act appears to indicate a willingness on the part of the administration to prioritize the longstanding security relationship between the U.S. and Israel, despite calls for a more rigorous assessment of human rights abuses. Secretary of State Antony Blinken has engaged with Israeli Defense Minister Yoav Gallant on the matter, underscoring the importance of continuous dialogue between the two allies.
Former Vermont Sen. Patrick Leahy, for whom the Leahy Law is named, championed legislation in the 1990s to prevent American military aid and training from going to foreign security units implicated in extrajudicial killings, rapes, torture, and other human rights abuses. The reluctance of U.S. administrations, including the current one under President Biden, to rigorously investigate allegations of Israeli military killings and abuse against Palestinians has drawn criticism from rights groups, who argue that conditioning military aid on lawful behavior by foreign forces is essential. The move to pause the implementation of the Leahy Law in this case comes as Israeli officials have expressed concerns over possible arrest warrants being issued by the International Criminal Court against Prime Minister Benjamin Netanyahu and other top officials for actions during the war in Gaza.
The Biden administration’s willingness to consider invoking the Leahy Law underscores the complexities and uncertainties in U.S.-Israel relations, with the potential for human rights concerns to strain the longstanding security partnership between the two countries. The decision to pause the implementation of the law in this case indicates a combination of political considerations and a desire to maintain a strong security relationship with Israel, despite ongoing challenges. The importance of continuous engagement and dialogue between the U.S. and Israel on human rights issues remains crucial to addressing concerns and upholding international standards in relations between the two allies.
