‘Different rules’: special policies keep US supplying weapons to Israel despite alleged abuses
Top US officialsquietly reviewed more than a dozen incidents of alleged gross violations of human rights by Israeli security forces since 2020, but have gone to great lengths to preserve continued access to US weapons for the units responsible for the alleged violations, contributing – former US officials say – to the sense of impunity with which Israel has approached its war in Gaza.
An estimated 24,000 Palestinians, mostly women and children, have been killed by Israeli forces since Hamas’s 7 October attack on Israel, a death toll that has spurred condemnation of the Israeli prime minister, Benjamin Netanyahu, and the US president, Joe Biden, who has been criticized for failing to rein in Israel’s “indiscriminate” bombing of Gaza.
An investigation by the Guardian, which was based on a review of internal state department documents and interviews with people familiar with sensitive internal deliberations, reveals how special mechanisms have been used over the last few years to shield Israel from US human rights laws, even as other allies’ military units who receive US support – including, sources say, Ukraine – have privately been sanctioned and faced consequences for committing human rights violations.
State department officials have in effect been able to circumvent the US law that is meant to preventUS complicity in human rights violations by foreign military units – the 1990s-era Leahy law, named after the now retired Vermont senator Patrick Leahy – because, former officials say, extraordinary internal state department policies have been put in place that show extreme deference to the Israeli government. No such special arrangements exist for any other US ally.
The lack of enforcement of the Leahy law in Israel appears especially troubling to its namesake. In a statement to the Guardian, the former Vermont senator said the purpose of the Leahy law was to shield the US from culpability for gross violations of human rights by foreign security forces that receive US aid and deter future violations.
“But the law has not been applied consistently, and what we have seen in the West Bank and Gaza is a stark example of that. Over many years I urged successive US administrations to apply the law there, but it has not happened,” Leahy said.
Among the incidents that have been reviewed since 2020 were the killing of Shireen Abu Akleh, the Palestinian-American journalist who was shot by Israeli forces in May 2022; the death of Omar Assad, a 78-year-old Palestinian-American, who died in January 2022 after being held in Israeli custody; and the alleged extrajudicial killing of Ahmad Abdu, a 25-year-old who was shot at dawn by Israeli forces in May 2021 while sitting in his car.
A report in Haaretz describes how, after opening fire on the car, Israeli troops pulled Abdu out, dragged him a few meters down the road, then left his bloody body in the road and departed.
In the review intoAbdu’s death, which reports suggestmay have been a case of mistaken identity, internal state department documents note that Israel declined to respond to questions by state department officials about the shooting.
In Omar Assad’s case, the Israeli military said last June it was not bringing criminal charges against soldiers who were involved in his death, even after he was alleged to have been dragged from a car, bound and blindfolded after being stopped at a checkpoint. The army said the soldiers would not face prosecution because their actions could not directly be linked to Assad’s death from cardiac arrest, the Associated Press reported. Assad, a US citizen, had spent about 40 years in the midwest before retiring home to the West Bank in 2009.
Internal state department documents show that the incidents were reviewed under a little-known process established by the state department in 2020 known as the Israel Leahy Vetting Forum (ILVF), in which representatives from relevant state department bureaus examine reports of alleged human rights violations by Israeli forces.
Under the Leahy law, for most countries and in most cases, a foreign military unit is granted US military assistance or training after it is vetted by the state department for any reported human rights violations. The law prohibits the Department of State and the Department of Defense from providing funds, assistance or training to foreign security force units where there is “credible information” that the forces have committed a gross violation of human rights.
In the case of at least three countries – Israel, Ukraine and Egypt – the scale of foreign assistance is so great thatUS military assistance can be difficult to track, and the US often has no knowledge of where specific weapons end up or how they are used.
To close what was seen as a loophole in the law, Congress updated the process in 2019, by putting a system in place that prohibits the foreign government from providing US assistance to any unit of its security forces that the US identifies as being ineligible under the Leahy law due to a gross violation of human rights. The state department set up working groups to examine those countries where military assistance is considered “untraceable”.
But people familiar with the process who spoke on the condition of anonymity, said Israel had benefited from extraordinary policies inside the ILVF, details of which have not previously been reported.
“Nobody said it but everyone knew the rules were different for Israel. No one will ever admit that, but it’s the truth,” said one former state department official.
First, under the Israel process, all of the parties involved in an ILVF review must reach a consensus that a potential violation has occurred, and must then be approved by the deputy secretary of state, according to three people familiar with internal deliberations. In theory, a single bureau could raise a potential violation to the deputy secretary of state level as part of a “split memo”, in which other bureaus would air their disagreement, but no such thing has occurred. Among the groups that are involved in the process are the bureau of near eastern affairs, the bureau of