18-12-2024 (WASHINGTON) The US State Department is confronting an unprecedented legal battle as Palestinians and Palestinian-Americans launch a groundbreaking lawsuit challenging the department’s implementation of the Leahy Law regarding military assistance to Israel.
Filed on Tuesday in Washington DC’s district court, the lawsuit marks the first instance where victims of alleged human rights violations have contested the State Department’s approach to Israeli security forces under the 1990s legislation, which typically bars US military support to units credibly linked to serious human rights breaches.
Among the claimants is Amal Gaza (a pseudonym), a Gaza-based maths teacher who lost 20 family members, and Shawan Jabarin, who heads the Palestinian rights organisation Al-Haq and previously endured six years of detention in the West Bank. Palestinian-American Ahmed Moor, whose Gaza-based relatives have faced multiple displacements during recent Israeli operations, has also joined the legal action.
The lawsuit emerges against the backdrop of mounting casualties in Gaza, where fatalities since October have reportedly reached 45,000, amid severe restrictions on humanitarian assistance. The legal action seeks to compel American authorities to properly enforce legislation that has previously proved effective in addressing human rights concerns in various nations, including Colombia and Nepal.
The case specifically challenges what plaintiffs describe as the State Department’s unique treatment of Israel under the Leahy Law. Said Assali, another Palestinian-American plaintiff who lost six family members to Israeli airstrikes, emphasised the gravity of the situation: “As an American, this represents a clear breach of our laws, actively perpetrated by the State Department using our tax revenue.”
The legal filing details numerous alleged violations by Israeli military units receiving US support, including accusations of torture, arbitrary detention, and forced disappearances. It references International Criminal Court findings and pre-October incidents, including the 2022 death of elderly West Bank resident Omar As’ad.
The lawsuit, backed by the human rights organisation Dawn, founded by the late journalist Jamal Khashoggi, comes amid growing internal dissent. Recent reports indicate that 185 legal professionals within the Biden administration and private sector have expressed concerns about potential violations of US humanitarian laws by Israeli forces. Additionally, 20 White House staff members registered their opposition to current policies in November.
The State Department has declined to comment on the pending litigation, which seeks judicial intervention to ensure compliance with existing US law regarding military assistance to foreign security forces.
