Lawsuit Claims State Department Illegally Arming Israel via Leahy Law 'Loophole'

Palestinians and Palestinian Americans on Tuesday filed a lawsuit accusing the U.S. State Department of creating a "loophole" allowing Israel to skirt federal legislation barring American military aid to foreign militaries that violate human rights law.

The lawsuit, which was filed by five individuals and supported by the group Democracy for the Arab World Now (DAWN), accuses the State Department and Secretary of State Antony Blinken of violating the Leahy Law, legislation passed in two parts in the late 1990s that built on the Foreign Assistance Act of 1961's proscription of U.S. military aid to foreign security forces that commit gross human rights violations.

According to DAWN, the suit "documents how the State Department has created unique, insurmountable processes to evade the Leahy Law requirement to sanction abusive Israeli units, despite overwhelming evidence of their human rights violations" including "torture, prolonged detention without charge, forced disappearance, and flagrant denials of the right to life, liberty, and security, such as genocide, indiscriminate and deliberate killings, and deprivation of items essential to survival, including food, water, fuel, and medicine."

Case plaintiff Ahmed Moor, a Palestinian American from the southern Gazan city of Rafah who has lost numerous relatives in Israeli attacks, told Zeteo's Prem Thakker, "I'm hoping, through this action, through this lawsuit, that we can just call out the federal government to begin to enforce American laws."

The State Department has sparked international outrage by repeatedly finding that Israel is using U.S.-supplied arms in compliance with domestic human rights law, citing the key ally's right to defend itself and the October 7, 2023 Hamas-led attack. However, Israel's 438-day retaliation has left more than 162,000 Palestinians dead, wounded, or missing in Gaza and millions more forcibly displaced, starved, or sickened. Thousands more have been killed or maimed in the West Bank.

South Africa is leading a genocide case against Israel at the International Court of Justice. Last month, the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant, his former defense minister, for alleged war crimes and crimes against humanity.

Both men have been warmly welcomed in Washington, D.C.. Congress and the Biden administration have approved tens of billions of dollars in arms transfers to Israel. U.S.-supplied bombs have been used in some of Israel's most notorious airstrikes. The U.S. has also vetoed numerous United Nations Security Council resolutions demanding a Gaza cease-fire.

"This lawsuit demands one thing and one thing only: for the State Department to obey the law requiring a ban on assistance to abusive Israeli security forces," DAWN executive director Sarah Leah Whitson said in a statement on Tuesday. "For too long, the State Department has acted as if there's an 'Israel exemption' from the Leahy Law, despite the fact that Congress required it to apply the law to every country in the world. As a result, millions of Palestinians have suffered unimaginable, horrific abuses by Israeli forces using U.S. weapons."

Stephen Rickard, a former U.S. official who helped pass the landmark legislation, said that "long-standing concerns that the State Department was not cutting off aid to specific Israel units as required by the Leahy Law... have been given dramatic urgency by the tragic ongoing crisis in Gaza."

"If the State Department will not comply with the law, then it is time for the courts to vindicate the rule of law and order it to do so," Rickard added.

The new lawsuit came a day after relatives of Ayşenur Ezgi Eygi—the Turkish American woman who, according to witnesses, was deliberately shot in the head while peacefully protesting the expansion of Israel's illegal settlements in the occupied West Bank in September—met with Blinken in search of justice and accountability for the activist's killing.

Referring to another American activist killed by Israeli forces while defending Palestinian homes, Hamid Ali, Eygi's widower, said that Blinken "was attentive in listening to us, but unfortunately repeated a lot of the same things that we've been hearing for the past 20 years, particularly since Rachel Corrie's killing."

Ali called Blinken "very deferential to the Israelis," adding that "it felt like he was saying his hands were tied and they weren't able to really do much."

A journalist asked State Department spokesperson Matthew Miller during a Tuesday press conference why the U.S. has not suspended arms transfers to Israel by invoking the Leahy Law and citing the cases of victims like Eygi or Shireen Abu Akleh—the Palestinian American Al Jazeera correspondent who, according to witnesses and several independent probes, was deliberately shot dead by an Israeli sniper in the West Bank in May 2022.

"We have taken those cases extremely seriously," Miller claimed. Referring to Eygi, he added that he made it clear to Israel that "her death was unacceptable, that it should have been avoided, it should have never happened in the first place, that we want to see the results of their investigation, and we want to see them change their rules of engagement."

In October, Blinken and Defense Secretary Lloyd Austin threatened to cut off weapons to Israel if it did not dramatically improve human rights conditions in Gaza within 30 days. Thirty days came and went with no discernible improvements, yet the arms flow continued.

On Tuesday, 20 progressive lawmakers in the U.S. House of Representatives led by Reps. Summer Lee (D-Pa.) and Greg Casar (D-Texas) sent Blinken and Austin a letter arguing that "the United States government must suspend offensive weapons" shipments to Israel due to its violation of federal and international law.

"U.S. law is clear: If the Netanyahu government does not allow sufficient food and medicine to enter Gaza, then the U.S. cannot send weapons," Casar wrote on social media.