Why are five Palestinians from Gaza, West Bank suing Blinken?

A group of five Palestinians from Gaza and West Bank and their families in the US have filed a lawsuit against the American government, alleging that it has failed to enforce the Leahy Law, a federal statute that prohibits US military assistance to foreign military units implicated in gross human rights violations. 

The lawsuit, filed in the US District Court of Columbia on December 17, blames the State Department and Secretary of State Antony Blinken, accusing them of not applying the law to Israeli military units despite concerns over their conduct during the ongoing conflict in Gaza.

The lawsuit specifically addresses the escalation of violence in Gaza that began on October 7, 2023, after attacks by Hamas and other Palestinian armed groups on Israel. Israel's military response, which included aerial bombardments and a ground invasion of Gaza, has led to significant casualties. The Palestinian health ministry reported more than 45,000 deaths in Gaza till December 15, with additional fatalities in the West Bank, further drawing attention to the broader humanitarian crisis in the region.

One of the lead plaintiffs in the case, a Gaza teacher who is identified under the pseudonym "Amal Gaza," has personally experienced the devastating effects of the conflict. She has been displaced seven times due to the fighting and lost 20 family members in Israeli airstrikes. She said the US government’s continued military support for Israel was exacerbating the suffering of the Palestinians.

At the heart of the case is the Leahy Law, which prevents the US from cooperating with and aiding foreign armies suspected of human rights violations like torture, extrajudicial killings and enforced disappearances. The plaintiffs argue that Israel's actions in Gaza, including widespread destruction and the use of American weapons, violate the law. The lawsuit asks the US to stop providing military aid to Israel, which currently receives approximately $3.8 billion annually, with additional funds allocated since the escalation of violence in Gaza in 2023.

Human rights activists like Raed Jarrar, advocacy director for Democracy for the Arab World Now (DAWN), which supports the lawsuit, say the Biden administration has failed to enforce the Leahy Law where Israel is concerned. Despite reports from various human rights organisations, the United Nations, and other entities documenting civilian casualties and allegations of misconduct, the US has continued to provide military support to Israel. According to the plaintiffs, the Leahy Law should apply equally to all foreign governments, including Israel, if credible evidence of human rights abuses exists.

The US has a special policy in place for Israel, known as the Israel Leahy Vetting Forum (ILVF), which critics argue creates a more complex and slower process for determining whether Israeli military units are eligible for assistance. This process has been described by some former American officials, such as Charles Blaha, a former State Department employee who helped put in place the Leahy Law, as a procedure that delays decision-making and ultimately weakens the law’s enforcement. Blaha said since the ILVF was established, no Israeli military unit had been deemed ineligible for assistance. 

The lawsuit also cites a recent decision by the State Department regarding the Netzah Yehuda Battalion, an Israeli military unit blamed for violence in the West Bank. The State Department acknowledged that the battalion had committed human rights violations but concluded that the unit had "remedied" its actions, allowing it to continue receiving American aid. Critics say it reflects a pattern of leniency toward Israel, undermining the intent and integrity of the Leahy Law. 

In addition to the ongoing situation in Gaza, the West Bank has seen an increase in violence since October 2023. The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) reported that at least 770 Palestinians were killed in the West Bank between October 7, 2023, and the end of November 2024, reinforcing the plaintiffs' argument that US law should be applied to Israeli forces in the same manner as it is to other foreign military units.

The lawsuit requests the federal court to declare that the State Department’s actions in continuing military assistance to Israel as arbitrary, capricious and contrary to American law. It also seeks an injunction that would prevent the US from providing military aid to Israeli units involved in human rights violations. Additionally, the plaintiffs want the State Department to issue a list of Israeli military units that are ineligible for US assistance, under the Leahy Law.

Jarrar said the case was not about politics or foreign policy but about the American government fulfilling its legal obligations under domestic law. Unlike previous legal attempts to challenge American foreign policy, this case has been filed under the Administrative Procedure Act, which allows courts to review administrative decisions.

The case, if successful, could have significant implications for American military aid to Israel. The outcome may influence how the US applies the Leahy Law in future cases and could set a precedent for how Washington addresses allegations of human rights violations by its allies.