The State Department is currently reviewing fresh details provided by the Israeli government regarding the status of an Israeli military unit that was previously accused of committing severe human rights violations in the West Bank before the Hamas terror attacks on October 7. This update was shared in a letter addressed to House Speaker Mike Johnson by Secretary of State Antony Blinken.
Secretary Blinken is now in the process of assessing whether to propose the suspension of U.S. aid to the unit under the Leahy Law, a federal regulation that prohibits the United States from offering weapons or financial support for military purposes to groups that have been found to have violated human rights, based on credible information.
This potential decision is attracting significant public attention as the Biden administration faces mounting demands to ensure that Israel is held accountable for adhering to international human rights norms. If implemented, this action would mark a significant departure from the long-standing security partnership between the United States and Israel.
However, in a letter of unspecified date, Blinken reassures Johnson that the broader decisions made in line with the Leahy Law will not impede the delivery of any U.S. aid, and Israel will still receive the full amount approved by Congress. A source familiar with the letter revealed that Johnson required this assurance from Blinken before agreeing to vote on a long-awaited foreign aid package in the House. The letter was handed to Johnson last Saturday, the scheduled day of the vote.
Blinken detailed in the letter that determinations had been made regarding three military units of the Israeli Defense Forces (IDF) and two civilian authority units involved in severe human rights violations against Palestinian civilians in the West Bank. The incidents investigated did not relate to Israel's actions against Hamas in Gaza or Iran and predated the attacks on October 7th.
According to Blinken, two of the IDF battalions were found to be "credibly implicated" in serious human rights violations, but the Israeli government had already taken effective corrective actions for both. This allows the U.S. security assistance to continue for these units and the civilian authority units.
Regarding the third IDF unit, Blinken stated that there had been no effective remediation thus far. However, the Israeli government acknowledged that the unit had engaged in behavior inconsistent with IDF regulations and was relocated from the West Bank to the Golan Heights in 2022.
"In light of the new information provided by the Israeli government regarding the status of the unit, discussions are underway to determine the best course of action for remediation," stated Blinken. It was not specified whether a potential suspension of U.S. aid could be on the horizon.
Sources familiar with the situation revealed that the U.S. and Israel have a formal agreement in place that mandates the U.S. to engage in consultations with the Israeli government before making any determinations under the Foreign Assistance Act, which includes the Leahy law. These consultations regarding the third military unit are currently underway.
Furthermore, the U.S. has been conducting a separate assessment to evaluate whether the Israeli Defense Forces and government are adhering to U.S. and international humanitarian law during their conflict with Hamas.
President Biden's New National Security Memorandum
In February, President Biden issued a new national security memorandum, known as NSM20. It ordered a State Department review of all countries receiving U.S. military aid in order to certify whether they're in compliance with U.S. and international humanitarian law. This came in response to pressure by Senate Democrats, including Chris Van Hollen of Delaware, who has publicly accused Israel of violating the Foreign Assistance Act and other U.S. laws in that current conflict. Congress is expected to receive those results by May 8.
In his letter to Johnson, Blinken stressed that the department had made no additional determinations under the Leahy Law.
Blinken first said last Friday at a G7 press conference in Capri, Italy, that he had made "determinations" related to possible Leahy Law violations. "[Y]ou can expect to see them in the days ahead," he said at the time.
The idea that the U.S. could take such a punitive measure triggered fierce condemnation from Israeli officials in what American sources have said was a surprisingly heated backlash.
Israel's Prime Minister Benjamin Netanyahu last Sunday called the possible penalty "the height of absurdity; a moral low." Israeli war cabinet minister Benny Gantz said it would set a "dangerous precedent."
Both Gantz and Israeli Defense Minister Yoav Gallant raised the matter in phone calls with Blinken last Sunday.
During a crucial House vote on a $95 billion supplemental aid package, Secretary Blinken's comments were made just before the decision. The aid package included funds for Ukraine, Taiwan, and Israel, and had faced opposition from right-wing lawmakers for over six months.
Following Blinken's remarks, Speaker Johnson's office demanded an explanation from the Administration and assurances about the timely delivery of military aid to Israel, which was subsequently passed by the House on Saturday.
Earlier in the week, Johnson stated in a radio interview that he had requested and received written assurances from national security adviser Jake Sullivan before the bill was presented to the House.
When asked about Johnson's statements, State Department deputy spokesman Vedant Patel declined to comment on the specifics of their communication with Congress members and leadership.
Patel emphasized that any actions taken would not affect the longstanding security relationship with the concerned country, mentioning that any violations would pertain to a specific unit or component.
