US finds that Israeli military units violated human rights; retains consequences

The State Department has determined that at least five Israeli military units were involved in serious human rights violations but has avoided imposing any consequences amid discussions with the Israeli government, officials said Monday.

The State Department said the violations are specific to Israel’s military operations among Palestinian communities in the West Bank and predate Israel’s current war against Hamas in the Gaza Strip.

But the State Department’s determination and response signal the challenge facing the Biden administration as a major arms supplier and military partner to Israel, amid growing global outcry over its conduct in the Palestinian territories and accusations that Israeli forces are violating international humanitarian law.

Under the federal Leahy Act, the U.S. government is prohibited from providing weapons to foreign military forces or security units that are involved in human rights violations or have violated international humanitarian law.

State Department deputy spokesman Vedant Patel argued Monday that the administration is in compliance with the Leahy Act despite not imposing any restrictions on military assistance to Israel.

Patel said that although the State Department has determined a handful of Israeli military units have been involved in serious human rights violations, they are in discussions with the Israeli government to resolve the violations.

“We have seen the redress of these violations and that is, of course, what we expect from partners,” Patel said, referring to four cases.

The State Department is analyzing information provided by the Israeli government related to a fifth Israeli military unit that Patel said would influence what actions the administration would impose.

“We continue to consult and engage with the Israeli government. They submitted additional information with respect to that unit, and we continue to have those conversations, consistent with a memorandum of understanding we have with the Government of Israel that was entered into in 2021,” Patel said.

“When conclusions are drawn about actions that fall under the auspices of the Foreign Assistance Law, we are obliged to consult with Israeli government officials. And this is ongoing; We are engaging with them in a process and will make a final decision regarding this unit when the process is complete.”

Patel’s comments provoked pushback from reporters at the State Department press conference, who raised questions about Secretary of State Antony Blinken announcing that he had made a determination under the Leahy Act on April 19, but that the department did not address those conclusions over 10 days. Patel described the procedure as a “continuous process.”

“This continues to be an ongoing process, and if at any point remediation efforts or things like that are found to be inconsistent with the standards that we consider, there will – of course – be a restriction on applicable U.S. assistance. We intend to be an administration that will follow the prescribed laws.”

The State Department has not made public its determination of human rights violations by Israeli units, but a ProPublica report published April 17 said Blinken had been awaiting recommendations to sanction Israeli units for five months.

Among the incidents reported by ProPublica include reports of “extrajudicial killings committed by the Israel Border Police; an incident in which a battalion gagged, handcuffed, and left an elderly Palestinian-American man for dead; and an allegation that interrogators tortured and raped a teenager accused of throwing rocks and Molotov cocktails.”

The allegations against the units come at a time when Israel is under intense pressure and global isolation due to the toll on Palestinian civilians in Israel’s war against Hamas in Gaza, and it comes on top of decades of scrutiny over Israel’s multiple conflicts with the Hamas in the Strip.

Israel’s war against Hamas was launched in response to Hamas’ shocking October 7 attack on Israel, in which US-designated terrorist groups killed nearly 1,200 Israelis and abducted hundreds of others.

Israel’s subsequent campaign to eliminate Hamas resulted in the deaths of around 30,000 Palestinians, most believed to be women and children, but also including Hamas fighters. Tens of thousands of people were injured and more than 200 aid workers were killed. The humanitarian situation is described as catastrophic, with a serious lack of shelter, healthcare, food and water.

In January, the International Court of Justice, the United Nations’ top court, issued an interim order saying it is “plausible” that Israel has committed acts that violate the Genocide Convention and called for immediate measures to protect against any other potential violations.

And the International Criminal Court (ICC) is considering issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and other senior Israeli officials – as well as Hamas officials – in connection with its investigation into allegations of crimes. war that occurred in a 2014 war.

The US stated that it is not interfering in the ICC’s actions, but expressed concern about the issuance of arrest warrants. The US has also protected Israel from global calls to impose a unilateral and unconditional ceasefire in Gaza.

Instead, President Biden’s administration is working to secure a ceasefire agreement between Israel and Hamas to allow for the release of hostages held by Hamas and an increase in humanitarian deliveries to the strip.

The Biden administration continues to support Israel’s right to self-defense and the goal of eliminating the threat from Hamas. But Biden has issued outspoken criticism of Israel’s conduct of the war and pressed Netanyahu to instruct the Israeli military to make protecting Palestinian civilians a priority.

Still, Biden is under pressure from progressive Democrats over his refusal to impose concrete costs on Israel for the suffering of Palestinian civilians.

And an explosion of protests on American college campuses criticizing US support for Israel is further inflaming criticism of Biden from both sides.

Critics on the right say he should take a tougher line in suppressing demonstrations, while pro-Palestinian supporters say Biden risks losing crucial support from young voters in November’s elections if he continues to support Israel’s war. .