The Biden administration condemns the Israeli military for alleged human rights abuses

The US found five units of the Israeli military responsible for individual incidents of gross human rights violations, although the possibility of cutting funding to the US ally under the Leahy Laws remains uncertain. These violations occurred before the attacks by Hamas militants and did not take place in Gaza. Four of the units have taken steps to restore the situation, while talks with Israel over the remaining unit continue. The US is required to consult with Israeli officials when violations are identified under the Foreign Assistance Act, and decisions will be made once the process is complete. The fifth unit is currently still eligible for U.S. weapons.

The Leahy Laws refer to two provisions that prohibit the use of funds for foreign security forces involved in gross human rights violations. Senator Patrick Leahy pushed for this legislation in the 1990s to prevent US military aid from supporting foreign units that engage in extrajudicial killings, torture and other abuses. The law requires that aid be stopped if credible evidence of gross abuses is found, which extends to the Defense Department’s training of foreign military personnel. There have been allegations that previous US administrations, including Biden’s, avoided rigorous investigations into allegations of Israeli military abuses against Palestinians in order to circumvent these laws.

The Israeli government claims its security forces are investigating and holding violators accountable for any wrongdoing. However, there is growing concern among Israeli officials that the International Criminal Court could issue arrest warrants against Prime Minister Benjamin Netanyahu and other top officials for actions related to the war in Gaza. The ICC could accuse them of responding excessively to Hamas attacks and obstructing the delivery of humanitarian aid to Gaza. These reports are causing alarm in Israel as the country braces for possible legal action from the international community.

Secretary of State Antony Blinken raised the issue with Israeli Defense Minister Yoav Gallant, signaling the seriousness of the situation. The State Department emphasizes that the Leahy Laws were introduced to ensure that U.S. assistance to foreign security forces does not enable human rights abuses. The law was intended to hold foreign military units accountable for their actions and provide a mechanism to address gross abuses. The ongoing consultations between the US and Israel demonstrate a commitment to upholding these standards and addressing any identified violations.

The State Department maintains that the US has a long-standing security relationship with Israel and that the Leahy laws are not intended to sever that bond. Instead, the laws are intended to ensure that U.S. military aid and training does not inadvertently support units engaged in gross human rights abuses. The process of identifying and addressing violations through consultation with the Israeli government is part of maintaining accountability and promoting compliance with international human rights standards. The implications of possible actions under the Leahy Laws have yet to be seen as the US and Israel navigate this complex situation.