McGovern, Pocan, Lee, Castro, McCollum Urge Biden Administration to Comply with Existing U.S. Law; Stop Assistance To Israeli Military Units Accused of 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," write the members.

The term "Leahy Law" refers to two statutory provisions prohibiting the U.S. Government from using funds for assistance to units of foreign security forces where there is credible information implicating that unit in the commission of gross violations of human rights. One statutory provision applies to the State Department and the other applies to the Department of Defense. The U.S. government considers torture, extrajudicial killing, enforced disappearance, and rape under color of law as gross human rights violations when implementing the Leahy Law. The ban on U.S. assistance to these units applies until such time as the unit has faced effective remediation by bringing the perpetrators to justice.

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 detention 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 in Gaza.

"The failure of the United States to consistently apply our own laws has contributed to a culture of impunity in the Israel Defense Forces (IDF) that actively endangers the lives of US citizens. Since the death of Omar Assad and the failure of the State Department to pursue accountability, multiple Palestinian-Americans have been killed by the IDF in the West Bank," note the members, detailing several cases including that of renowned Palestinian-American journalist Shireen Abu Akleh.

According to public reporting, the U.S. has failed to enforce the Leahy Law by allowing units to remain eligible for U.S. assistance even in instances when the State Department concedes that there has been a gross violation of human rights and that the unit has not yet undergone effective remediation.

"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. However, the Leahy Law can only serve these purposes when it is enforced. 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," conclude the members.

To read the full letter, click here.