House Democrats Say 'Impunity' for Israel Violates US Human Rights Law

As the death tolls from the U.S.-backed Israeli assaults on Gaza and Lebanon neared 42,000 and 2,000 respectively, a group of House Democrats this week urged the Biden administration to hold Israel accountable to human rights standards established under existing domestic law.

In a letter to Secretary of State Antony Blinken and Defense Secretary Lloyd Austin dated September 30 but first published Friday by HuffPost, the Democratic lawmakers—Reps. Jim McGovern (Mass.), Barbara Lee (Calif.), Betty McCollum (Minn.), Mark Pocan (Wis.), and Joaquin Castro (Texas)—expressed their "deep alarm regarding the lack of U.S. enforcement of the Leahy Law as it pertains to U.S. assistance to Israel."

Named after its author, former Sen. Patrick Leahy (D-Vt.), the Leahy Laws were approved in two rounds in the late 1990s. The legislation built on the Foreign Assitance Act of 1961, which prohibits U.S. military aid to foreign security forces that commit gross human rights violations.

"We strongly urge you to apply the law as written and act swiftly to bar any Israeli military unit that faces credible accusations of committing a gross violation of human rights from receiving U.S. assistance or training," the lawmakers wrote in their letter.

"As longtime friends and allies of Israel, we have supported, and continue to support, security assistance to Israel for the purposes of legitimate self-defense," the letter states. "Israel continues to face serious threats from Hamas, Hezbollah, and other terrorist groups. As it defends against these threats, Israel must ensure it is using U.S. security assistance and funding in compliance with U.S. law—whether in the West Bank, Gaza, Lebanon, or elsewhere."

Numerous credible reports of gross violations of human rights by Israeli security forces have rightly placed U.S. enforcement of the Leahy Law in sharp focus. Israeli and international human rights organizations have released credible reports of Israeli security units subjecting Palestinians in Israeli detention facilities to torture, ill-treatment, prolonged detetion without charges or trial, and rape under color of law. Extensive investigations by reputable media outlets have also documented multiple instances of civilians carrying white flags being shot and killed by the Israel Defense Forces (IDF) in Gaza.

The letter comes ahead of the anniversary of the Hamas-led October 7 attack on Israel and that country's retaliation, which has left more than 148,000 Palestinians in Gaza dead, maimed, or missing and millions more forcibly displaced, starved, and sickened.

Israel is currently on trial for genocide at the International Court of Justice, and International Criminal Court Prosecutor Karim Khan is seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, as well as for leaders of Hamas.

In recent weeks, Israel has also ramped up airstrikes and launched a ground invasion in Lebanon, from which Hezbollah has been launching aerial attacks on Israel since shortly after October 7. Thousands of Lebanese have been killed or wounded.

All of this is enabled by tens of billions of dollars worth of nearly unconditional U.S. military aid and diplomatic cover including multiple vetoes of United Nations Security Council cease-fire resolutions. While the Biden administration delayed shipment of a limited number of heavy bombs of a type that Israel was using to massacre civilians in densely populated areas, those shipments soon resumed, even as the Gaza death toll soared ever higher.

"The failure of the United States to consistently apply our own laws has contributed to a culture of impunity in the IDF that actively endangers the lives of U.S. citizens," the lawmakers asserted before highlighting "gross violation[s] of human rights" perpetrated by Israeli forces against several Americans.

These include Omar Assad, an elderly former Milwaukee grocer who in January 2023 was dragged from his vehicle, blindfolded, gagged, and handcuffed before falling silent while being detained in Jiljilya; renowned Al Jazeera correspondent Shireen Abu Akleh, who multiple probes found was deliberately shot dead while covering an IDF raid in the West Bank in May 2022; and, most recently, 26-year-old International Solidarity Movement (ISM) activist Ayşenur Ezgi Eygi, who was shot in the head during a September 6 demonstration against Israel's illegal West Bank settler colonies.

Israeli impunity for killing Americans far predates the examples listed in the letter. For example, in 2003, ISM activist Rachel Corrie was crushed to death by a U.S.-supplied Israeli military bulldozer while trying to stop the demolition of Palestinian homes in the West Bank. In 1967 Israeli warplanes and warships repeatedly attacked the spy ship USS Liberty in the Mediterranean Sea, killing 34 sailors and others and wounding 171 more in what numerous senior U.S. officials including the then-secretary of state and CIA director said was a deliberate act.

At least one American has also been killed by Israeli bombing in Lebanon this week. Hajj Kamel Ahmad Jawad, 56, of Dearborn, Michigan was killed in an airstrike Tuesday while in Nabatieth in southern Lebanon caring for his sick mother and volunteering to help elderly, disabled, and injured patients at a local hospital.

"When it functions properly, the Leahy Law serves two crucial purposes: It prevents U.S. complicity in gross violations of human rights, and it deters violations by incentivizing foreign governments to hold perpetrators accountable," the Democratic lawmakers wrote in their letter. "However, the Leahy Law can only serve these purposes when it is enforced."

Indeed, successive U.S. administrations have supported some of the world's worst human rights violators—including the perpetrators of genocidal mass murder in Indonesia, Paraguay, Cambodia, Guatemala, Bangladesh, East Timor, Kurdistan, and Gaza—since the passage of the Foreign Assistance Act and Leahy Laws.

"We strongly urge you to uphold the rule of law, bar assistance to any unit that is credibly implicated in a gross violation of human rights, and ensure perpetrators of crimes against American citizens face accountability and justice," the letter's signers concluded.