What are the Leahy Laws, and is the US government violating them while providing aid to Israel?

The provision of military aid by the US government to Israel amid the ongoing Israeli retaliation against Hamas in Gaza has raised questions about potential violations of the Leahy Laws, which are designed to prevent US assistance to foreign security forces involved in gross human rights violations. Here’s a look at what it means.

What

The US has historically provided significant military aid to Israel, both in the form of financial support and the provision of advanced military equipment. 

• This aid is typically justified on the grounds of strengthening Israel's defense capabilities and promoting stability in the region. However, the recent escalation of the Israeli-Palestinian conflict has raised concerns about the possible misuse of this assistance.

READ MORE: How has the Israel-Hamas crisis boosted US defence stocks?

• These include the significant civilian casualties in a densely populated area, the alleged use of white phosphorus munitions that can cause severe harm, and the imposition of a siege with the deprivation of essential services, which has been identified as a war crime. 

READ MORE: How bad is the situation in Gaza right now?

International humanitarian organizations and UN special rapporteurs have expressed their concerns and condemned actions that appear to target civilians, which would be considered a war crime.

The Leahy Laws

The Leahy Laws, named after Senator Patrick Leahy, serve as a safeguard against US support for foreign security forces engaged in gross human rights violations. 

• The law specifically prohibits the US government from providing funds, training, and equipment to such units. 
• The violations covered under the Leahy Laws include torture, extrajudicial killing, enforced disappearance, and rape.

Under the Leahy Laws, no assistance shall be provided if the Secretary of State possesses credible information that a foreign unit has committed gross human rights violations. 

Exceptions and challenges

However, there is an exception that allows the prohibition to be lifted if the Secretary determines and reports to the appropriate congressional committees that the foreign government is taking effective steps to hold the responsible members of the security forces accountable.

One challenge in applying the Leahy Laws is the discretion granted to the Secretary of State.

• The decision to suspend aid to a particular foreign unit is often not publicized, and the criteria for making such determinations may not be entirely transparent. 
• In the case of Israel, the US has never cut off assistance to an Israeli military unit under the Leahy Law.

Israeli retaliation

The situation becomes more complicated due to the allegations made by prominent human rights organizations like Amnesty International and Human Rights Watch accusing Israel of imposing apartheid against Palestinians. 

• While these allegations are serious, their impact on the application of the Leahy Laws is not straightforward.
• The key question is whether the US government considers these allegations as credible information of gross human rights violations by Israeli security forces.

US State Department resignee

A notable development is the resignation of a senior State Department official, Josh Paul, who worked in the bureau overseeing arms transfers. He resigned in protest of the Biden administration's decision to continue sending weapons and ammunition to Israel. 

• Paul's resignation is a rare sign of internal dissent over the administration's support for Israel in the midst of the conflict. He argued that the decision to provide more arms to one side of the conflict is shortsighted, destructive, unjust, and contradictory to the values the US publicly espouses.

John Paul who has just resigned from the State Department exposes senior officials at the DOS for disregarding the US Leahy Laws and Israeli human rights violations over the years to continue funding the criminal #ApartheidIsrael. #StopTheGenocide #SanctionIsrael https://t.co/dfyxRPH65H

— American Muslims for Palestine (@AMPalestine) October 21, 2023

The determination of whether Israel's actions in the ongoing conflict meet the criteria for gross human rights violations under the Leahy Laws and how the US government chooses to interpret and apply these laws will ultimately shape the legal and moral aspects of this situation. 

As for whether or not the US would uphold these laws and their commitment to human rights in its ongoing support for Israel seems more than evident.