The U.S. State Department recently found five units of the Israel Defense Forces responsible for gross violations of human rights, although the funding to the American ally could potentially be cut under the Leahy Laws. These violations occurred before the Hamas attacks on southern Israel in October and did not happen in Gaza. Four units have taken steps to rectify the situation, while discussions are ongoing regarding the fifth unit. The U.S. is consulting with the Israeli government as part of the process, which is governed by a memorandum of understanding signed in 2021.
The Leahy Laws prohibit the U.S. government from providing assistance to foreign security forces implicated in gross human rights violations. Former Senator Patrick Leahy was instrumental in creating these laws in the 1990s to prevent American military aid from going to units guilty of extrajudicial killings, torture, and other abuses. If credible evidence of gross abuses is found, aid to that particular military unit must be terminated. However, the U.S. has been criticized for not rigorously investigating allegations of human rights abuses by Israeli forces to avoid triggering the Leahy Laws.
Secretary of State Antony Blinken has raised concerns about the violations with Israeli Defense Minister Yoav Gallant. The Israeli government asserts that its security forces conduct investigations into abuses and hold offenders accountable through the court system. There are growing fears within Israeli leadership that the International Criminal Court could issue arrest warrants for Prime Minister Benjamin Netanyahu and other officials due to allegations related to the war in Gaza. The court may accuse them of using excessive force in response to Hamas attacks and obstructing humanitarian aid to Gaza.
The U.S. government applies the same remediation standard for all countries regarding human rights violations. Despite finding certain IDF units in violation of the Leahy Laws, discussions are ongoing with the Israeli government. The provision of arms to the fifth unit under scrutiny has not been halted at this stage. The Leahy Laws aim to ensure that foreign forces used by the U.S. comply with human rights standards. While the U.S. and Israel have a longstanding security relationship, the laws require accountability for any violations committed by foreign military units receiving American aid.
The international community has closely monitored the situation in the Middle East, with particular focus on human rights abuses. The U.S. State Department’s findings have sparked discussions on accountability and adherence to established laws governing foreign aid. The balance between maintaining security relationships with allies and upholding human rights standards is a complex issue that requires careful consideration moving forward. As the Israeli government faces potential scrutiny from the International Criminal Court, the importance of transparency and adherence to international laws and norms is underscored.
