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State Department evaluates ‘new information’ from Israel to determine whether IDF unit violated US law

The State Department is evaluating “new information” provided by the Israeli government regarding the status of an Israeli military unit considered to have committed serious human rights violations in the West Bank before October 1. 7 Hamas terrorist attacks, according to a letter sent to the Speaker of the House of Representatives, Mike Johnson, by Secretary of State, Antony Blinken.

The information comes as Blinken weighs whether to recommend suspending U.S. aid to the unit under a federal measure known as the Leahy Act. The law prevents The United States provides weapons or funds for military assistance to groups when there is credible information indicating that the groups have human rights violated.

The potential move, now under intense public scrutiny as the Biden administration comes under increasing pressure to hold Israel accountable to international human rights standards, would be unprecedented in the decades-long security partnership between the United States. and Israel.

But in the undated letter, which was obtained and authenticated by CBS News, Blinken assures Johnson that the broader determinations he has made under the Leahy Act “will not delay the delivery of any American assistance” and Israel “will receive all necessary help.” amount appropriated by Congress.” According to a source with knowledge of the letter, Johnson had demanded assurances from Blinken before putting a long-delayed foreign aid package to a vote in the House. Blinken’s letter was delivered to Johnson last Saturday, day on which the vote was to be taken.

Blinken specified in the letter that he had made determinations about three military units of the Israel Defense Forces (IDF), as well as two units of civil authorities that were involved in incidents of serious human rights violations against Palestinian civilians in the West Bank. None of the incidents investigated involved Israeli operations against Hamas in Gaza or Iran or its proxies, and all of them occurred before October 1. 7 attacks, the letter said.

Two of the IDF battalions were “credibly implicated” in serious human rights violations, Blinken said, but the Israeli government had already carried out “effective remediation” of both. This means that US security assistance can continue to reach those units and civilian authorities.

In the case of the IDF’s third unit, Blinken said, there has been “no effective remediation to date,” although the Israeli government acknowledged that the group had engaged in “conduct incompatible with IDF rules” and was transferred. to the Golan Heights from the West. Bank in 2022.

“The Israeli government has presented new information regarding the status of the unit and we will be committed to identifying a path to effective remediation for this unit,” Blinken wrote, without specifying whether a suspension of US aid could ultimately be justified.

CBS News previously reported that one of the battalions that committed violations was the Netzah Yehuda unit, which has been implicated in the death of an 80-year-old Palestinian American in 2022.

Officials familiar with the process said the United States and Israel have a formal agreement in place that requires the United States to consult with the Israeli government before reaching a conclusion under the Foreign Assistance Act, under which the Leahy law is governed. . Consultation on the third military unit is taking place now, they said.

The United States has been separately reviewing whether the IDF and the Israeli government are complying with international and US humanitarian law in their conflict with Hamas.

In February, President Biden issued a new national security memorandum, known as NSM20. He ordered a State Department review of all countries receiving U.S. military aid to certify whether they comply with U.S. and international humanitarian law. This came in response to pressure from Senate Democrats, including Chris Van Hollen of Maryland, who publicly accused Israel of violating the Foreign Assistance Act and other U.S. laws in that current conflict.

“Our credibility is at stake and I am deeply concerned by reports that the Administration is not applying our standards consistently,” Van Hollen said in a statement Friday. Congress is expected to receive those results by May 8.

In his letter to Johnson, Blinken emphasized that the department had not made additional determinations under the Leahy Act.

“I also want to emphasize that, contrary to some media reports, Leahy has not made any further determinations regarding Israel,” he wrote.

Blink first saying last Friday at a G7 press conference in Capri, Italy, that it had made “determinations” related to possible violations of the Leahy Law. “You can expect to see them in the next few days,” he said at the time.

The idea that the United States could take such a punitive measure triggered fierce condemnation from Israeli officials in what American sources have said was a surprisingly heated reaction.

The Prime Minister of Israel, Benjamin Netanyahu, last Sunday described the possible penalty as “the height of absurdity; a low morale.” Israeli war cabinet minister Benny Gantz said it would set a “dangerous precedent.”

Both Gantz and Israeli Defense Minister Yoav Gallant raised the issue in phone calls with Blinken last Sunday.

Blinken’s comments also came just before a crucial House vote on a $95 billion supplemental aid package with funding for Ukraine, Taiwan and Israel that had languished in Congress for more than six months amid the opposition from right-wing legislators.

“Following Secretary Blinken’s comments, the President demanded an explanation from the Administration and assurances regarding the timely delivery of military aid to Israel that the House approved on Saturday,” a spokesperson for Johnson’s office said in a statement.

Earlier this week, Johnson said in a radio interview that before the bill was introduced in the House he had demanded (and received) similar written assurances from national security adviser Jake Sullivan.

Asked Thursday about Johnson’s comments, State Department deputy spokesman Vedant Patel said he “would not discuss specific details about our correspondence with members of Congress and congressional leaders.”

“What may or may not happen has no bearing on the long-standing security relationship we may have with that country,” he continued, without mentioning Israel. “(If) we found a violation, it would be a restriction on a particular unit or component.”

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