Israel anticipates that the United States will announce the suspension of military aid to an Israeli army unit due to severe human rights violations in the Israeli-occupied West Bank prior to the conflict in Gaza six months ago. This action would represent the first instance of the U.S. implementing the Leahy law, a congressional act established 27 years ago, against an Israeli military unit.
Understanding the Leahy Law
The Leahy law, named after former Senator Patrick Leahy, was created to prevent American military aid and training from being provided to foreign security units involved in extrajudicial killings, torture, rapes, and other egregious human rights abuses. The law was first utilized in 1997 against a Colombian army unit accused of deliberately killing civilians to receive bonuses for eliminating militants.
Implementation of the Leahy Law
If the State Department uncovers credible evidence of gross abuses committed by a military unit, the Leahy law mandates an automatic cessation of aid. A similar provision applies to Defense Department training of foreign militaries. While the U.S. has been criticized for not rigorously investigating allegations of Israeli military misconduct against Palestinians, Israel asserts that it conducts internal investigations and holds perpetrators accountable.
Frequency of Invocation
The Leahy law is frequently invoked concerning U.S. security assistance to countries in regions like the former Soviet Union, Central and South America, and Africa. However, it is rarely applied to crucial U.S. allies. In 2022, the law was triggered for police and other forces in countries such as Azerbaijan, Kyrgyzstan, Mexico, and Saint Lucia. The U.S. government can also discreetly inform Congress of Leahy law incidents to avoid straining relationships with key partners.
Response and Potential Resolution
Israel has committed not to share U.S. military aid with units implicated in gross human rights violations, as per a 2021 agreement. The U.S. Secretary of State has the authority to waive the Leahy law if satisfied that the concerned government is taking effective measures to hold accountable those responsible for abuses within the targeted unit.
Despite the potential aid cutoff, the U.S. continues to provide substantial funding and arms to Israel, including a new $26 billion package to bolster Israel's defense capabilities and address the humanitarian crisis in Gaza. The Senate is expected to approve this package imminently, with President Biden expressing his intention to sign it into law.
