WASHINGTON — The State Department is reportedly providing exceptions for its close ally, Israel, to circumvent a U.S. law designed to limit military aid based on human rights violations, as asserted in a lawsuit filed by Palestinians in Gaza and their American relatives. This legal action was announced on Tuesday, with support from former State Department officials who were involved in the creation of the 1997 Leahy law.
The lawsuit alleges that the State Department has established various barriers to shield Israel from the law’s enforcement and is seeking judicial intervention. This comes after protests on college campuses and efforts by several lawmakers to reduce U.S. military support to Israel due to civilian casualties in Gaza during the ongoing conflict with Hamas failed to produce results. “We’re only asking for the government to comply with existing U.S. law,” stated Ahmed Moor, a Palestinian American from Philadelphia, who is a party to the lawsuit on behalf of his relatives affected by violence in the past 14 months.
The Leahy law prohibits American military assistance to foreign military factions that are implicated in substantial human rights abuses. In April, Secretary of State Antony Blinken dismissed allegations that the department has applied a double standard regarding Israel. He maintained there is no preferential treatment, although replies from the State and Justice departments regarding this lawsuit were not forthcoming.
The Israeli government claims it takes extensive measures to protect Palestinian civilians during military actions. Nonetheless, the Biden administration has cautioned Israel to escalate efforts to prioritize civilian safety in Gaza. This led to the postponement of one significant weapons shipment that consisted of 2,000-pound bombs. A report from the State Department published in May acknowledged “reasonable” evidence that Israel’s deployment of U.S. weapons in Gaza infringed on international laws meant to protect civilians while opting not to make explicit decisions on arms limitations due to the challenging context of the war.
Charles Blaha, a former official at the State Department involved with the oversight of the Leahy law, expressed that stricter enforcement regarding Israel could have mitigated much of the civilian suffering in Gaza. “The secretary of state has predominantly decided on matters involving Israel and the Leahy law, and each of those decisions has led to those military units still receiving U.S. support,” Blaha pointed out.
The contentious issue of military support to Israel amid Palestinian casualties has also surfaced in the context of the current presidential campaign. Some members of both major political parties have demanded steadfast military backing for Israel, while the Biden administration’s reluctance to restrict aid has caused it to lose some favor among Arab and Muslim voters and others.
The lawsuit represents a final effort by Muslim Americans and allied groups to pressure the Biden administration to reduce military support for Israel, which has reportedly totaled $17.9 billion in the year following the onset of the war related to the treatment of Palestinian civilians. Two former Senate staffers, Tim Reiser and Stephen Rickard, instrumental in the drafting of the Leahy law, cited the rising casualty figures in Gaza as justification for pursuing the legal challenge.
The nonprofit organization Democracy for the Arab World Now, founded by the slain Saudi journalist Jamal Khashoggi, is aiding five plaintiffs — including a former math teacher from Gaza who is now living in a tent after losing 20 family members — in the lawsuit. The conflict escalated when Hamas launched an attack on Israel on October 7, 2023, resulting in around 1,200 fatalities and approximately 250 hostages taken. The Gaza health ministry claims that subsequent hostilities have claimed the lives of around 45,000 Palestinians.
Filed under the Administrative Procedures Act, the lawsuit asserts that the Biden administration has put in place various hurdles while assessing Israel’s military concerning possible violations of the Leahy law. Former officials have accused the U.S. of granting Israel an effective immunity from enforcement, with the lawsuit revealing specific details for the first time.
Among the allegations are claims that a committee made up of multiple members from the State and Defense Departments was established in 2020 solely for evaluating potential Israeli military violations, and uniquely, the deputy secretary of state must approve any findings of misconduct. Additionally, the claim includes that Israel has a distinct opportunity to bypass potential restrictions on military support by demonstrating that it has addressed identified human rights concerns.
This exception was employed in August when the State Department decided not to withdraw assistance from an Israeli military unit in the West Bank despite serious human rights violations, as it claimed the unit had taken measures, including the removal of culpable soldiers and committing to enhanced training and supervision. This unit was implicated in the death of a Palestinian American man aged 79 while in custody.
On Monday, Blinken engaged with the family of Aysenur Ezgi Eygi, a 26-year-old American who was fatally shot at a demonstration in the West Bank in September. Eygi’s family was informed that Israel is concluding its investigation into her death. Following their meeting, family members voiced frustration, stating that U.S. officials reiterated what they deemed an unconvincing explanation that the shooting was accidental despite the family’s calls for an independent investigation to be initiated.