The Biden administration decided to pause its plan to use the Leahy Law against the Israeli Defense Forces (IDF) after receiving new information from the Israeli government. The administration had initially intended to sanction IDF battalions, including the Netzah Yehuda battalion, for alleged human rights violations in the West Bank. This move would have triggered an automatic cut-off for the battalion, preventing them from receiving any training or assistance from the U.S. military. The decision to not invoke the Leahy Law follows assurances from the Israeli government that they would handle the issue.
Former Vermont Sen. Patrick Leahy championed the legislation that became the Leahy Law, which prohibits the U.S. government from providing funds to foreign security forces engaged in gross human rights violations. The administration’s willingness to consider applying the act to IDF units underscores the uncertainty that exists in U.S.-Israel relations. Rights groups have long accused U.S. administrations of failing to thoroughly investigate allegations of Israeli military abuses to avoid conditioning military aid on lawful behavior.
The Biden administration faced backlash for contemplating using the Leahy Law against an ally like Israel, with concerns being raised about the politicization of vital security assistance. Nick Stewart of FDD Action criticized the administration for promoting false representations of Israel’s conduct that could embolden terrorist adversaries. The decision to publicly threaten sanctions and leaks from the State Department raised suspicions that the administration’s motives were more political than substantive.
State Department principal deputy spokesman Vedant Patel revealed that four of the units in question had “effectively remediated” the human rights violations, leading to the decision not to invoke the Leahy Law. The U.S. remains in consultations with the Israeli government concerning one unit that still requires remediation. Patel emphasized that consultations and engagements with Israel are consistent with the memorandum of understanding signed in 2021, and that the same remediation standard applies to all countries.
Secretary of State Antony Blinken raised the issue with Israeli Defense Minister Yoav Gallant as part of ongoing discussions regarding the Leahy Law. The objective of the law is to restrict American military aid and training to foreign security units guilty of serious human rights abuses. Israeli officials are also preparing for possible arrest warrants by the International Criminal Court against Prime Minister Benjamin Netanyahu and other officials over allegations related to the war in Gaza. The court could accuse them of responding excessively to Hamas attacks and impeding humanitarian aid to Gaza.
The administration’s decision not to invoke the Leahy Law against the IDF has avoided a potential conflict in U.S.-Israel relations, but questions remain about the weaponization of U.S. laws for partisan reasons. Congress may consider probing the administration’s handling of the incident to ensure the country’s alliances are not undermined. The episode highlights the complexity of maintaining a strong and mutually beneficial relationship between the U.S. and Israel in the face of human rights concerns and political challenges.
