Ensuring Compliance with U.S. Law Pertaining to Assistance to Israeli Security Forces.
The Leahy Law prohibits U.S. assistance to foreign security force units credibly implicated in gross human rights violations. Our project challenges the continued provision of U.S. assistance to Israeli units implicated in gross violations of human rights, seeking proper enforcement of this crucial legislation.
We are working to ensure U.S. compliance with the Leahy Law regarding assistance to Israeli units that have committed gross violations of human rights through strategic litigation, advocacy, and public engagement. The U.S. provides nearly $4 billion annually in assistance to Israeli security forces, and has provided even more since October 7, 2023, yet has never withheld aid from any Israeli unit despite documented human rights violations, including violations set forth in the State Department's own Human Rights Reports.
This project, defined by our landmark Administrative Procedure Act (APA) lawsuit filed on December 17, 2024, argues that were the Biden Administration's State Department to follow normal vetting procedures for U.S. assistance to foreign security force units under the Foreign Assistance Act, many, if not most, IDF units would be ineligible for assistance. To date, there has not been any litigation effort with a similar legal theory under the Administrative Procedure Act to compel the State Department to simply obey American law.
Our complaint documents the opaque, exceptional, and deliberately cumbersome processes the State Department created exclusively for Israel in order to allege that the United States is in violation of its own laws for its continued military assistance to Israeli units. Specifically, we challenge the State Department's arbitrary and capricious failure to implement the Leahy Law, which prohibits U.S. assistance to abusive foreign security units. Our lawsuit also shows how for any other country in the world, any one of the abuses committed by Israeli forces which we document would have resulted in immediate disqualification from U.S. assistance of the security force units involved. For Israel, however, the State Department is ignoring this evidence, and therefore violating the law.
Palestinians and Palestinian-Americans are taking legal action against the U.S. government for providing billions in assistance to Israeli security forces that has been and continues to be used to harm them and their loved ones in violation of U.S. law.
The lawsuit addresses U.S. military aid to Israeli units involved in:
The plaintiffs demand that the U.S. government:
Who Can Sue the Government in This Case?
To sue the U.S. Government under the APA, the lawsuit must present the courts with plaintiffs who have "standing"—individuals who can demonstrate a real and/or imminent harm as a result of the State Department's current failure to apply the Leahy Law to Israel. DAWN and our lawyers will assist plaintiffs in preparing the required statement to the court explaining why they have standing. Plaintiffs will be represented by the Law Offices of Bruce Fein.
What Kind of People are Eligible to be Plaintiffs in This Case?
There are two groups of potential plaintiffs:
Such plaintiffs must have the ability to have regular communications with the Law Offices of Bruce Fein, through a translator if needed.
Will Plaintiffs or Family Members Receive Any Money?
No. The plaintiffs in this lawsuit seek only to compel the U.S. government to comply with the Leahy Law and prohibit assistance to Israeli security force units that have committed gross violations of human rights.
Will Plaintiffs' Names be Public?
If a plaintiff fears retaliation against their family or friends anywhere, their name can be filed under seal, and for public purposes they can be identified under a pseudonym like John Doe or Jane Roe. Only court personnel will know their identity.
How Long will This Process Take?
Attorney Bruce Fein filed this complaint on December 17, 2024. The case could take anywhere from six months to three years to play out, depending on whether it goes to trial and requires an appeal.
What is the Time Commitment of Being a Plaintiff?
Plaintiffs will help prepare an initial declaration to the court detailing the injuries and harms they have suffered. DAWN and our attorney will collaborate with them to draft this statement for the initial filing. Plaintiffs may be required to answer questions either in writing or orally. If required, testimony may be given via video link. Aside from providing testimony, plaintiffs are not required to be in court when the case is heard.
How Can the Public Inquire About Becoming Plaintiffs?
Persons interested in becoming plaintiffs should email leahyplaintiffs@dawnmena.org with an outline of why they believe they may be eligible (see above) with their contact information. DAWN will schedule a call to discuss the details of their potential claim.
What Happens With Inquiries?
DAWN and the Law Offices of Bruce Fein will review the information gathered for each potential plaintiff and select those who meet the required legal standing. If you are not selected, it is not in any way a reflection on the legitimacy of your complaint, but rather its direct relevance to the litigation we are pursuing and whether we have sufficient plaintiffs for each legal theory of standing. DAWN will communicate with you to inform you whether we believe you are an optimal fit for this case. If so, we will begin working with you on next steps, including drafting a legal submission.
This legal action seeks to compel the State Department to release records about its implementation of the Leahy Law regarding Israeli security force units, ensuring transparency in the decision-making process for assistance.
We request access to records of vetting procedures for Israeli security force units in order to:
DAWN provides resources and support to plaintiffs, including connecting them with legal representation to ensure their voices are heard in court. Your support can help ensure the U.S. government follows its own laws and protects human rights.
Learn How to Help
III. Our Advocacy Strategy
DAWN is working to educate a variety of audiences on the Leahy Law requirements, the provision of U.S. assistance to Israeli security forces, and how this provision fails to comply with the Leahy Law.
We are doing this by:
In 2024 alone, the U.S. provided $17.9 billion in military aid to Israel, representing more than half of Israel's weapons arsenal. This includes $6.8 billion through the Foreign Military Financing (FMF) program, making the U.S. Israel's largest military supplier. Israeli officials have publicly acknowledged that "without the U.S. weapons, Israel cannot fight."
The State Department created a unique "Israel Leahy Vetting Forum" (ILVF) that applies different standards to Israel than to any other country. This process requires unprecedented high, political-level approvals, and extensive delays, and creates insurmountable barriers to enforcing the law. Unlike other countries, decisions require the Deputy Secretary of State's approval, require highly formal consultation with the Government of Israel, and allow up to 90 days for Israel to respond to inquiries.
Despite extensive documentation of human rights violations in the State Department's own annual Human Rights Reports and numerous international organizations, the U.S. has never found a single Israeli security force unit ineligible for assistance under the Leahy Law. This stands in stark contrast to thousands of units from other countries that have been denied assistance for similar violations.
Israel receives Foreign Military Financing as a lump sum and is not required to provide information about which units receive that assistance, including weapons purchased with it. The Leahy Law therefore requires the State Department to provide Israel a list of units ineligible for assistance. The Department has never done so.
We’re fighting for a ceasefire and accountability for Israeli and U.S. officials responsible for war crimes in Gaza.
DAWN is a nonprofit organization that promotes democracy, the rule of law, and human rights for all of the peoples of the Middle East and North Africa (MENA).
