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leahy laws
Lawsuit Claims State Department Illegally Arming Israel via Leahy Law 'Loophole'
"This lawsuit demands one thing and one thing only: for the State Department to obey the law requiring a ban on assistance to abusive Israeli security forces," said one advocate.
Dec 17, 2024
Palestinians and Palestinian Americans on Tuesday filed a lawsuit accusing the U.S. State Department of creating a "loophole" allowing Israel to skirt federal legislation barring American military aid to foreign militaries that violate human rights law.
The lawsuit, which was filed by five individuals and supported by the group Democracy for the Arab World Now (DAWN), accuses the State Department and Secretary of State Antony Blinken of violating the Leahy Law, legislation passed in two parts in the late 1990s that built on the Foreign Assistance Act of 1961's proscription of U.S. military aid to foreign security forces that commit gross human rights violations.
According to DAWN, the suit "documents how the State Department has created unique, insurmountable processes to evade the Leahy Law requirement to sanction abusive Israeli units, despite overwhelming evidence of their human rights violations" including "torture, prolonged detention without charge, forced disappearance, and flagrant denials of the right to life, liberty, and security, such as genocide, indiscriminate and deliberate killings, and deprivation of items essential to survival, including food, water, fuel, and medicine."
Case plaintiff Ahmed Moor, a Palestinian American from the southern Gazan city of Rafah who has lost numerous relatives in Israeli attacks, toldZeteo's Prem Thakker, "I'm hoping, through this action, through this lawsuit, that we can just call out the federal government to begin to enforce American laws."
The State Department has sparked international outrage by repeatedly finding that Israel is using U.S.-supplied arms in compliance with domestic human rights law, citing the key ally's right to defend itself and the October 7, 2023 Hamas-led attack. However, Israel's 438-day retaliation has left more than 162,000 Palestinians dead, wounded, or missing in Gaza and millions more forcibly displaced, starved, or sickened. Thousands more have been killed or maimed in the West Bank.
South Africa is leading a genocide case against Israel at the International Court of Justice. Last month, the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant, his former defense minister, for alleged war crimes and crimes against humanity.
Both men have been warmly welcomed in Washington, D.C.. Congress and the Biden administration have approved tens of billions of dollars in arms transfers to Israel. U.S.-supplied bombs have been used in some of Israel's most notorious airstrikes. The U.S. has also vetoed numerous United Nations Security Council resolutions demanding a Gaza cease-fire.
Today, the White House welcomed Yoav Gallant, charged by the ICC with the war crimes of starvation as a method of warfare and intentionally directing an attack against the civilian population, as well as the crimes against humanity of murder, persecution, and other inhumane acts. What a disgrace.
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— Adil Haque ( @adhaque.bsky.social) December 10, 2024 at 12:21 PM
"This lawsuit demands one thing and one thing only: for the State Department to obey the law requiring a ban on assistance to abusive Israeli security forces," DAWN executive director Sarah Leah Whitson said in a statement on Tuesday. "For too long, the State Department has acted as if there's an 'Israel exemption' from the Leahy Law, despite the fact that Congress required it to apply the law to every country in the world. As a result, millions of Palestinians have suffered unimaginable, horrific abuses by Israeli forces using U.S. weapons."
Stephen Rickard, a former U.S. official who helped pass the landmark legislation, said that "long-standing concerns that the State Department was not cutting off aid to specific Israel units as required by the Leahy Law... have been given dramatic urgency by the tragic ongoing crisis in Gaza."
"If the State Department will not comply with the law, then it is time for the courts to vindicate the rule of law and order it to do so," Rickard added.
The new lawsuit came a day after relatives of Ayşenur Ezgi Eygi—the Turkish American woman who, according to witnesses, was deliberately shot in the head while peacefully protesting the expansion of Israel's illegal settlements in the occupied West Bank in September—met with Blinken in search of justice and accountability for the activist's killing.
Referring to another American activist killed by Israeli forces while defending Palestinian homes, Hamid Ali, Eygi's widower, said that Blinken "was attentive in listening to us, but unfortunately repeated a lot of the same things that we've been hearing for the past 20 years, particularly since Rachel Corrie's killing."
Ali called Blinken "very deferential to the Israelis," adding that "it felt like he was saying his hands were tied and they weren't able to really do much."
A journalist asked State Department spokesperson Matthew Miller during a Tuesday press conference why the U.S. has not suspended arms transfers to Israel by invoking the Leahy Law and citing the cases of victims like Eygi or Shireen Abu Akleh—the Palestinian American Al Jazeera correspondent who, according to witnesses and several independent probes, was deliberately shot dead by an Israeli sniper in the West Bank in May 2022.
"We have taken those cases extremely seriously," Miller claimed. Referring to Eygi, he added that he made it clear to Israel that "her death was unacceptable, that it should have been avoided, it should have never happened in the first place, that we want to see the results of their investigation, and we want to see them change their rules of engagement."
In October, Blinken and Defense Secretary Lloyd Austin threatened to cut off weapons to Israel if it did not dramatically improve human rights conditions in Gaza within 30 days. Thirty days came and went with no discernible improvements, yet the arms flow continued.
On Tuesday, 20 progressive lawmakers in the U.S. House of Representatives led by Reps. Summer Lee (D-Pa.) and Greg Casar (D-Texas) sent Blinken and Austin a letter arguing that "the United States government must suspend offensive weapons" shipments to Israel due to its violation of federal and international law.
"U.S. law is clear: If the Netanyahu government does not allow sufficient food and medicine to enter Gaza, then the U.S. cannot send weapons," Casar wrote on social media.
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Tlaib Demands Blinken Resign Over Failure to Hold Israel Accountable for Gaza Genocide
"No nation blocking U.S. humanitarian assistance can receive U.S. weapons," said Rep. Rashida Tlaib. "The Biden administration cannot pick and choose when they comply with our own laws."
Nov 15, 2024
Progressive Democratic Congresswoman Rashida Tlaib of Michigan on Thursday urged U.S. Secretary of State Antony Blinken to resign for breaking federal laws against arming human rights violators by lavishing Israel with tens of billions of dollars in American weapons used to harm Palestinians—more than 150,000 of whom have been killed or maimed in Gaza.
Speaking on the floor of the U.S. House of Representatives in Washington, D.C., Tlaib—the only Palestinian American member of Congress—argued that "Secretary Blinken has continued to lie to Congress and should resign."
"U.S. law is very clear. No nation blocking U.S. humanitarian assistance can receive U.S. weapons," she stressed. "The Biden administration cannot pick and choose when they comply with our own laws."
The
Foreign Assistance Act of 1961 and Leahy Laws prohibit military aid to security forces that commit gross human rights violations, although in practice, the U.S. has sent weapons to many countries guilty of grave abuses, including the perpetrators of several genocides.
Tlaib disdainfully referred to the Biden administration's deadline for Israel to improve humanitarian conditions in Gaza or face a possible suspension of arms transfers.
"I want to talk about, quote, Biden's 30-day humanitarian deadline," she said. "The Biden administration has continued to ignore reports from its own experts, international human rights organizations, and the United Nations that the Israeli government is blocking humanitarian aid in Gaza."
Although the deadline passed earlier this week without full Israeli compliance with any of the 19 demands made by Blinken and Defense Secretary Lloyd Austin, the State Department determined that Israel is not violating U.S. law, sparking global outrage.
"The Israeli government is using starvation as a weapon of war," Tlaib said.
Earlier this year, as Gazan children began dying from malnutrition and lack of medical care, the International Court of Justice in The Hague—which is weighing a South Africa-led genocide case against Israel—ordered Israeli authorities to stop blocking aid from entering Gaza. Critics accuse Israel of flouting this and two other Gaza-related ICJ orders.
Pointing to a photo of Fadi al-Zant, a 6-year-old Gaza boy who nearly starved to death, Tlaib continued: "Look at this picture. It is evident that blocking U.S. humanitarian aid... is happening, and it is a blatant violation... of the Foreign Assistance Act."
"The Israeli government is using starvation as a weapon of war."
"In a letter to the Israeli government on October 13, Secretary Blinken acknowledged that the Israeli government is violating U.S. law by blocking aid and gave them 30 days to comply," she noted. "The letter demanded that 350 trucks be allowed into Gaza per day. And guess what? According to Israel's own data and own government, only 57 trucks were allowed into Gaza per day in October."
"On November 1, top United Nations officials said, 'The entire Palestinian population in northern Gaza is at imminent risk of dying from disease, famine, and violence,'" she added. "This week... Secretary Blinken exposed his lie by announcing that there will be no change to any policy, despite admitting that the Israeli government has still failed to comply with all of their demands."
Members of Israeli Prime Minister Benjamin Netanyahu's far-right Cabinet have suggested that Blinken personally endorsed Israel's policy of bombing aid trucks.
Palestinian groups and individuals in Palestine and the U.S. unsuccessfully sued President Joe Biden, Blinken, and Austin for their failure to prevent and complicity in Israel's genocide.
Also on Thursday, U.S. Sen. Elizabeth Warren (D-Mass.) condemned the Biden administration's failure to take any punitive action against Israel for its assault on Gaza, which a United Nations panel that same day called "consistent with the characteristics of genocide."
"Despite [Israeli Prime Minister Benjamin] Netanyahu's failure to meet the United States' demands, the Biden administration has taken no action to restrict the flow of offensive weapons," Warren said in a statement. "The failure by the Biden administration to follow U.S. law and to suspend arms shipments is a grave mistake that undermines American credibility worldwide."
"If this administration will not act, Congress must step up to enforce U.S. law and hold the Netanyahu government accountable through a joint resolution of disapproval," Warren asserted, adding that she has endorsed resolutions led by Sen. Bernie Sanders (I-Vt.) and others aimed at blocking a series of proposed arms sales to Israel. Sanders said Wednesday that he will soon seek a floor vote on the resolutions.
"There is no longer any doubt," Sanders said Wednesday, "that Netanyahu's extremist government is in clear violation of U.S. and international law as it wages a barbaric war against the Palestinian people in Gaza."
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House Democrats Say 'Impunity' for Israel Violates US Human Rights Law
"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."
Oct 04, 2024
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."
According to the letter: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.
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