Tag Archives: Leahy Law

Rep. McCollum is my super-heroine

Don’t let anyone tell you that one person can’t make a difference!  

Betty McCollum

Rep. Betty McCollum

Rep. Betty McCollum (D-MN) is the embodiment of a one woman tidal wave washing over Congress.

For the past four years, she’s been raising the issue of the persistent and gross human rights violations perpetrated on Palestinian children by the Israeli military.

The arrest and detention of Palestinian children in Israeli jails has been well-documented by human rights organizations. Israel is the only country in the world that prosecutes children in military court, a stark example of its double standard and apartheid system of justice.

Children are taken from their beds and arrested in the middle of the night; they’re arrested on their way to school with their backpacks yanked from their shoulders; and they’re even pulled out of the arms of their teachers in classrooms. All of this has been documented and reported, thanks to Amnesty International and other Human Rights groups, but it hasn’t stopped Israel.  An estimated 500-700 children are arrested, detained and prosecuted in Israel’s military court system each year, according to Defense of Children International – Palestine.

UNICEF’s 2013 reportChildren in Israeli Military Detention, while somewhat dated still remains one of the most thorough reviews of the pattern and practice Israel employs against Palestinian children in detention.

No Way To Treat a Child — The No Way to Treat a Child campaign seeks to challenge and end Israel’s prolonged military occupation of Palestinians by exposing widespread and systematic ill-treatment of Palestinian children in the Israeli military detention system. It is a joint project of Defense for Children International – Palestine and American Friends Service Committee.

And we even have the personal interviews of 24 Palestinian child prisoners held in Israeli jails compiled in a 2016 book “Dreaming of Freedom“, edited by Norma Hashim and translated by Yousef Aljamal. I delivered a copy of the book to Rep. McCollum in January 2018 as a ‘thank you’ for her unwavering support and advocacy on behalf of Palestinian child prisoners. dreaming-of-freedom

The United States has a big stick it could use to bring pressure to bear on Israel —- it’s annual $3.8 billion appropriation to the Israeli military. Representative McCollum doesn’t believe that U.S. taxpayers want their dollars supporting gross human rights violations of children.

In 2015, she wrote a letter to then-Secretary of State John Kerry which 19 of her Democratic colleagues signed, asking him to make this issue a top priority.  But nothing came of it.

The following year she wrote a letter to President Obama which 20 of her colleagues signed, asking him to appoint a Special Envoy for Palestinian Youth to collect “vital information necessary to actively promote human rights.”  But again nothing happened.

So in 2017, she drafted a bill, H.R.4391, to prohibit any funds from being used by Israel to “support the military detention, interrogation, abuse, or ill-treatment of Palestinian children.” It also required the Department of State either to certify that funds were not used in this manner or report how Israel expended them to ill-treat Palestinian children.

In July 2018, Rep. McCollum explained why H.R. 4391 was necessary.

When it didn’t pass in the 2017-2018 session, Representative McCollum strengthened the bill and reintroduced it on April 30, 2019 where it was referred to the House Committee on Foreign Affairs. Check out the committee membership here, and if your representative is listed, consider calling and writing and telling him/her why you think H.R. 2407 is important and should have a hearing.

On May 1, her office issued a press release explaining the bill.

The Promoting Human Rights for Palestinian Children Living Under Israeli Military Occupation ActH.R. 2407 — amends a provision of the Foreign Assistance Act known as the “Leahy Law” to prohibit funding for the military detention of children in any country, including Israel.

The bill also establishes the “Human Rights Monitoring and Palestinian Child Victims of Israeli Military Detention Fund,” authorizing $19 million annually for non-governmental organization (NGO) monitoring of human rights abuses associated with Israel’s military detention of children. The Fund also authorizes qualified NGOs to provide physical, psychological, and emotional treatment and support for Palestinian child victims of Israeli military detention, abuse, and torture.

The full text of the bill can be found here. Additional resources can be found here.

“Israel’s system of military juvenile detention is state-sponsored child abuse designed to intimidate and terrorize Palestinian children and their families,” Congresswoman McCollum said. “It must be condemned, but it is equally outrageous that U.S. tax dollars in the form of military aid to Israel are permitted to sustain what is clearly a gross human rights violation against children.”

More than 10,000 Palestinian children have been arrested, detained, abused, and prosecuted by Israeli security forces in the Israeli military court system since 2000. Independent monitors such as Human Rights Watch and Israel’s B’Tselem have repeatedly documented that children are subject to abuse and, in some cases, torture — specifically citing the use of chokeholds, beatings, and coercive interrogation. Just weeks ago, CNN broadcast video showing armed Israeli soldiers entering a primary school in Hebron to arrest a 9-year-old who was then “frog-marched away and taken to an army vehicle.”

“Peace can only be achieved by respecting human rights, especially the rights of children. Congress must not turn a blind eye to the unjust and ongoing mistreatment of Palestinian children living under Israeli occupation.

“I strongly believe there is a growing consensus among the American people that the Palestinian people deserve justice, equality, human rights, and the right to self-determination. It is time to stand with Palestinians, Americans, Israelis, and people around the world to reject the destructive, dehumanizing, and anti-peace policies of Prime Minister Netanyahu and President Trump.”

McCollum is front in center on one of the most important human rights issues facing our country —- how we treat children. I’m going to have her back, and help her as much as I can.   Please write your member of Congress and ask him or her to cosponsor H.R. 2407.

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Filed under Israel, People, Politics, Uncategorized, US Policy, Video

Leahy Law requires vetting of Israel’s gross violations of human rights

Many human rights lawyers and NGOs (here, here and here for example) believe that Israel committed gross human rights violations on Good Friday, March 30, when IDF sharpshooters killed 17 Palestinians and wounded hundreds more during the beginning of the #GreatReturnMarch.

Amnesty International called on Israel to immediately end its “heavy handed, and often lethal, suppression of Palestinian demonstrations.” Peace Now said that the casualties are “an intolerable result of a trigger-happy policy.” Shlomo Brom, a retired brigadier general at Israel’s Institute for National Security Studies, told The Times that while the military probably decided to use lethal force as a deterrent, “In my opinion they should have planned from the beginning to use minimal force and to prevent casualties.”

The United Nations and others have called for a credible investigation but Israel says it won’t investigate.

Even the Editorial Board of the New York Times (Israel Courts Catastrophe in Gaza Protests” – April 2, 2018) has called for an independent and transparent investigation. (I say “even” because I’ve found the NY Times editors to be highly deferential to Israel’s point of view in the past.)

Americans should be calling for an investigation too, especially given the enormous military support the U.S. provides to Israel.

US military aid to Israel

Thanks to the “Leahy amendments“, both the Department of State and Department of Defense are required to discontinue military assistance to units of foreign security forces that have engaged in “a gross violation” of human rights.

“No assistance shall be furnished under this Act or the Arms Export Control Act to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights.” See 28 USC 2378d

“Of the amounts made available to the Department of Defense, none may be used for any training, equipment, or other assistance for a unit of a foreign security force if the Secretary of Defense has credible information that the unit has committed a gross violation of human rights.” See 10 USC 2249e

Amnesty International notes that the Leahy Law is a powerful, yet often overlooked tool to help prevent the U.S. government from directly arming human rights violators in the ranks of foreign security forces and to help the U.S. avoid complicity in the commission of human rights violations.  But it’s not a panacea!

In 2014, the Congressional Research Service published the “Leahy Law” Human Rights Provisions and Security Assistance: Issue Overview in 2014 available online here:

Implementation of Leahy vetting involves a complex process in the State Department and U.S. embassies overseas that determines which foreign security individuals and units are eligible to receive U.S. assistance or training.

Under the Leahy amendments, the US has reportedly cut off military assistance from security and military units in Bangladesh, Bolivia, Colombia, Guatemala, Mexico, Nigeria, Turkey, Indonesia, Lebanon, and Saint Lucia.

The Congressional Research Office continues:

The State Department and U.S. embassies worldwide have developed a system that seeks to ensure that no applicable State Department assistance or DOD-funded training is provided to units or individuals in foreign security forces who have committed any gross violations of human rights. This procedure, designed to comply with the Leahy laws, is known as “vetting” or “Leahy vetting.” Primarily a State Department responsibility with input from other agencies, Leahy vetting is a multi-step process that involves staff at U.S. embassies abroad; the State Department Bureau for Democracy, Human Rights, and Labor (DRL) in Washington, DC, which is the lead State Department bureau for vetting; State Department regional bureaus; and other government agencies as required. The State Department policy provides for two separate processes, one for training and one for equipment and other non-training assistance.

Now, it’s time for Americans to raise our voices in support of human rights.

  1. Write and/or call your two senators and your member of Congress with two specific requests, and ask for follow-up on each one:

a) they should join Senator Bernie Sanders to comment publicly on recent events in Gaza;

b) they must inquire of the State Department and the Defense Department if the department’s vetting procedures have cleared or implicated Israeli military unit in the deaths and wounding of hundreds of Palestinians in Gaza in the last few days.

2. Since the Leahy vetting process typically begins at the U.S. Embassy in the country where the alleged violations occurred, write the U.S. Embassy in Israel and request that they initiate a credible investigation into the shooting and killing of unarmed, peaceful Palestinian protesters on March 30, 2018 pursuant to the Leahy Law.

Ambassador David Melech Friedman

U.S. Embassy Israel

71 HaYarkon Street

Tel Aviv 6343229, Israel

Email: JerusalemACS@state.gov

3.  David M. Satterfield, Acting Assistant Secretary , Bureau of Near Eastern Affairs, using this contact form for the U.S. State Department.  https://register.state.gov/contactus/contactusform

My message to Secretary Satterfield:

I’m writing as an American citizen concerned about the Israel Defense Forces (IDF) shooting and killing unarmed Palestinian protesters in the Gaza Strip on Friday, March 30.

As you know, the Leahy Law says: “No assistance shall be furnished under this Act or the Arms Export Control Act to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights.” See 28 USC 2378d

Israel has rejected calls by the United Nations and others to conduct an independent and transparent investigation. I urge you to initiate the vetting process required by the Leahy Law, to determine if the IDF has committed gross violations of human rights.

Sincerely,

Lora A. Lucero

 

 

 

 

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Filed under Gaza, IDF, Israel, Israel Defense Forces, Uncategorized, US Policy