Bringing Assistance to Israel in Line With Rights and U.S. Laws

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"Laws Governing U.S. Assistance

Debate about whether U.S. security assistance to foreign countries should be conditioned upon human rights criteria discounts a simple fact. U.S. law is clear: all countries receiving U.S. aid must meet human rights standards, and countries violating these standards are liable to be sanctioned and ineligible for U.S. funding:

The Foreign Assistance Act (P.L. 87–195) regulates all forms of U.S. assistance to foreign countries. It states that no assistance may be provided to a country “which engages in a consistent pattern of gross violations of internationally recognized human rights.”

The Arms Export Control Act (P.L. 90–629) regulates U.S. military assistance and sales to foreign countries. It states that the United States can furnish weapons to foreign countries “solely for internal security, for legitimate self-defense,” and for a few other limited purposes. No credits, guarantees, sales, or deliveries of weapons can be given to a country if it is “in substantial violation” of these purposes.

The Leahy Laws require the Departments of State and Defense to vet individual military units and individuals before they are eligible to receive U.S. equipment or training. The Department of State version of the law states that no form of assistance can be provided “to any unit of the security forces” committing “a gross violation of human rights.” The Department of Defense version states that no training or equipment can be given to a military unit that “has committed a gross violation of human rights.

Another indisputable fact is that the United States has placed conditions on other countries’ FMF. For example, in the FY2021 budget, $225 million of $1.3 billion in FMF for Egypt is withheld from obligation until the Department of State certifies that Egypt is “taking sustained and effective steps” to strengthen human rights.

However, when it comes to Israel, additional conditions do not apply and general human rights laws are almost never adhered to. Furthermore, weapons flows to Israel are much less transparent than those to other countries, making implementation of these laws more difficult."
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