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US implicates 5 Israeli units in rights violations, maintains military assistance eligibility

By Selin Atay
Apr 30, 2024 11:26 AM

“Four of these units have effectively remediated violations,” State Department spokesperson Vedant Patel says, adding that all of the incidents occurred before Oct. 7 and none took place in the Gaza Strip

U.S. State Department disclosed on Monday that it has identified five units within Israel’s security forces as responsible for gross violations of human rights before the start of Israel’s war on Gaza following Hamas’ cross-border attack last Oct. 7.

This marks a notable departure, as it is the first time Washington has made such an assertion regarding Israeli forces. However, despite this acknowledgment, the United States has not opted to restrict any of these units from receiving military assistance.

5 Israeli military units committed gross human rights violations, says US
State Department spokesman Vedant Patel (AA)

“Four of these units have effectively remediated violations,” State Department spokesman Vedant Patel told reporters, adding that all of the incidents occurred before Oct. 7 and none took place in the Gaza Strip, the focus of the conflict in the months since last October.

Human rights groups say they have reported incidents involving Israeli units, including extrajudicial killings, torture, and physical abuse to the State Department, most of them committed against Palestinians in the Israeli-occupied West Bank.

5th Israeli unit might be linked to Netzah Yehuda battalion

Israeli soldiers of the Jewish Ultra-Orthodox battalion
Israeli soldiers of the Jewish Ultra-Orthodox battalion “Netzah Yehuda” take part in their annual unit training in the Israeli annexed Golan Heights, near the Syrian border on May 19, 2014. (AFP)
In the case of a fifth unit, Washington has not yet determined whether there has been sufficient remediation and was still in discussions with Israel, he said.
 
The fifth unit is believed to be the Netzah Yehuda battalion of the Israel Defense Forces (IDF), which has been implicated in the 2022 death of 78-year-old Palestinian-American Omar Assad.

No sanctions on Israel, citing remediation efforts 

Joe Biden, then the US vice-president, prepares to sign the guest book before his meeting with Israel's prime minister, Benjamin Netanyahu, in Jerusalem in 2010.
Joe Biden, then the US vice-president, prepares to sign the guest book before his meeting with Israel’s prime minister, Benjamin Netanyahu, in Jerusalem in 2010. (AFP)
All the units remain eligible for U.S. assistance, Patel said. He added that remediation is in consistent with what the U.S. expects its partners to do.

“We continue to be in consultations and engagements with the government of Israel,” Patel said. “They have submitted additional information as it pertains to that unit, and we’re continuing to have those conversations.”

Patel repeatedly stressed that the U.S. has seen remediation of Israel’s violations and the process regarding the fifth unit is still ongoing.

When asked if there are double standards regarding the U.S.’ approach to Israel, Patel said there is no such thing as “special treatment” or “double standards” and that the standards are applied “consistently to all countries.”

Leahy Laws activated by Israel, as a recipient of U.S. aid  

Patrick Leahy, a former senator, said the US is violating its own law by sending aid to Israel
Patrick Leahy, a former Senator from Vermont, is best known for championing his namesake Leahy Law, which refers to two statutory provisions that prevent the federal government from using funds to assist foreign governments when there is credible information that they have committed “gross violations of human rights”. (Reuters)

The statement came after reports that some senior State Department officials advised Secretary of State Antony Blinken that Israel might be violating international law and Israel’s assurances that it submitted to the State Department regarding the use of U.S. weapons are not “credible or reliable.”

According to a Feb. 8 memorandum signed by President Joe Biden, countries that receive U.S. military assistance are required to give Washington “credible and reliable written assurances” that the arms will be used in compliance with “international human rights law and international humanitarian law.”

Israel submitted written assurances to the State Department last month, but human rights groups said those assurances were not credible and urged the government to suspend arms transfers to Israel.

When asked regarding the reports that Israel violated the Leahy laws, Blinken said on April 22 that it is a “good example of a process that is very deliberate, that seeks to get the facts to get all the information that has to be done carefully”.

The Leahy Law, named after former Sen. Patrick Leahy, requires the U.S. to withhold military assistance from foreign military or law enforcement units if there is credible evidence of human rights violations.

Netzah Yehuda battalion over human rights violations

Religious soldiers attend a swearing-in ceremony as they enter the Orthodox Netzah Yehuda battalion of the Israeli army, May 31, 2012. (Noam Moskowitz/FLASH90)
Religious soldiers attend a swearing-in ceremony as they enter the Orthodox Netzah Yehuda battalion of the Israeli army, May 31, 2012. (Noam Moskowitz/FLASH90)

The U.S. is reportedly preparing to impose sanctions on the Israeli military’s Netzah Yehuda battalion over human rights violations committed by the combat unit against Palestinians in the occupied West Bank. ​​​​​​​

Blinken appeared to refer to Netzah Yehuda, a battalion set up in 1999 to accommodate the religious beliefs of ultra-Orthodox Jews and other religious nationalist recruits in the army, which was deployed to the West Bank until it was moved in late 2022 after U.S. criticism.
 
Israel reprimanded a Netzah Yehuda commander and two officers over Assad’s death, which came after soldiers gagged him and cuffed his hands, but authorities said it was impossible to determine that his cause of death was caused by the soldiers’ conduct.
 
Blinken wrote that one unit “has been acknowledged by the Israeli government to have engaged in conduct inconsistent with IDF rules and, as a result, was transferred from the West Bank to the Golan Heights in 2022.”
 
“The Israeli government has presented new information regarding the status of the unit and we will engage on identifying a path to effective remediation for this unit,” Blinken said.
Source: Newsroom
Last Updated:  May 31, 2024 7:26 PM