The US State Department has determined that five Israeli security units committed gross human rights violations before the outbreak of the war with Hamas in Gaza. While four of these units have remediated these violations, one unit, reported to be the ultra-Orthodox Netzah Yehuda battalion, is still under consideration for potential restrictions on military assistance. The US is in consultations with the Israeli government regarding this unit and is reviewing additional information provided by Israel.

The incidents in question took place before October 7 and did not occur in Gaza. Three of the five units are part of the Israel Defense Forces (IDF), while the other two are civilian authority units operating in the West Bank. The Biden administration has faced criticism for potentially delaying punitive action against the unit in response to pressure from Israeli officials, including Prime Minister Benjamin Netanyahu, who denounced the reports.

Under the Leahy Law, the US cannot provide assistance to foreign security units implicated in human rights abuses. However, the law allows for assistance to resume if effective steps are taken to hold accountable those responsible for the abuses. Secretary of State Antony Blinken noted in a letter to House Speaker Mike Johnson that for one IDF unit, there has not been effective remediation to date, leading to its transfer from the West Bank to the Golan Heights in 2022.

The Netzah Yehuda battalion, where the death of an elderly Palestinian American man occurred, has been the focus of attention in this investigation. The commander of the unit was reprimanded after the incident, where the man died of a heart attack after being detained, bound, and gagged. The IDF stated that no soldiers faced criminal charges in relation to the man’s death. Blinken mentioned that the Israeli government provided new information on the unit’s status, and discussions are ongoing to identify a path for effective remediation.

While details of the remediation process were not provided, Patel emphasized that countries must take effective steps to hold the accountable party to justice as part of the standard of remediation. The US is reviewing the actions taken by Israel in response to the violations and determining whether they are sufficient to avoid restrictions on military assistance to the unit in question. The story has been updated with additional details related to the ongoing consultations between the US and Israel on this matter.

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