Leahy Law
Encyclopedia
The Leahy Law or Leahy provision is a human rights stipulation in U.S. congressional foreign assistance legislation. The Leahy Law prohibits U.S. military assistance to foreign military units that violate human rights with impunity. It is named after its principal sponsor, Senator Patrick Leahy
of Vermont.
Each U.S. embassy has established a "vetting procedure" to review the backgrounds of military units for which assistance has been proposed. To date, foreign aid to Colombia has been the main focus of the law.
There are actually two different Leahy Laws. One is attached to the Defense Appropriations and the other is within the Foreign Operations Appropriations. The Foreign Operations Appropriations Leahy Law cover weapons funding and training, but the 2001 Defense Appropriations act Leahy Law only covers training. Both Leahy provisions have similar wording.
The Leahy Law version attached to the Foreign Operations Appropriations has no waivers, but the Leahy Law in the Defense Appropriations version can be waived if the Secretary of Defense determines that “extraordinary circumstances” require it.
.
During yearly reviews, military aid has been withheld from some specific Colombian military units, such as the Palanquero Air Force base and the Army's XVII Brigade.
and John Barry argue that there are major weaknesses to the law.
Stokes argues the law has four weaknesses which make it effectively useless.
First, the Colombian military and US embassy in Colombia have had procedures to circumvent the "vetting procedure" ever since human rights were attached to military funding in 1998. In a September 1997 letter to Senator Leahy, United States Ambassador to Colombia
Curtis Warren Kamman
stated that the list of potential units which would receive aid “was judged to be severely deficient.” An anonymous U.S. official told the Washington Post that "the Colombian army had difficulty finding any units without serious human rights violations, thus slowing the process. "The question is, is there anyone we can deal with out there?" the official asked." Five months later, in January and February 1998, the Colombian defense minister submitted a new list to the US ambassador. US Ambassador Kamman stated that the delay was because the brigade needed to transfer out two officers accused of human rights abuses. Simply transferring officers accused of human rights abuses to make a unit "clean" is a clear violation of the Leahy Law, which states, that aid is conditional on the Colombian government "taking effective measures to bring the responsible members of the security forces unit to justice." Further, as Human Rights Watch
discovered, if a unit is "considered important enough to drug war objectives…the U.S. will violate the Leahy Provision in order to continue funding and training it." For example, the US State Department informed the Colombian government that the US “will not consider providing assistance to the 17th Brigade [in Urabá Antioquia
, northwestern Colombia] until all significant human rights allegations involving the unit have been credibly addressed.” But the 18th brigade, which is stationed in the oil fields of Arauca, Colombia
, and which is the focus of numerous human rights violation allegations, continues to receive US military aid.
The second way that the U.S. and Colombian government circumvent the Leahy law is by "by allowing vetted units to mix, coordinate logistics with, and share the facilities of suspended units".
The third way that the U.S. and Colombia government circumvent the Leahy law is that when a unit is vetted it is cleared, but once the unit has been vetted, new soldiers who come into the unit are not screened.
Finally, the Leahy law is circumvented by the US contacting with private contractors to avoid legal oversight. In September 2004, After Congress set a United States civilian contractor cap at 400, DynCorp, a weapons supplier for the military, hired foreign nationals to work in Colombia, which effectively circumvented Congressional authority. Also, the hundreds of DynCorp nonmilitary civilian war personnel are not counted under the Congressional cap. In 2001, DynCorp rescued a shot down Colombian helicopter crew. During this search and rescue, DynCorp was involved in a battle with rebels, and it was revealed for the first time that DynCorp had four helicopter gun ships. Despite this, the Bush administration continues to assert that civilian contractors are not involved in warfare. The former ambassador to Colombia, Myles Frechette explained why private mercenaries are so convenient, "It's very handy to have an outfit not part of the U.S. armed forces. Obviously, if somebody gets killed or whatever, you can say it's not a member of the armed forces. Nobody wants to see American military men killed." This government-private sector partnership would therefore undermine the Leahy law, which only covers public money and official US equipment and soldiers, providing "plausible deniability
" for the U.S. government.
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
of Vermont.
History
The law first appeared in the fiscal year 1997 Foreign Operations Appropriations Act, and has been attached to all subsequent acts. Since it is impossible to know in practice the names of the individuals who committed the human rights violations, the U.S. government applies the law by examining the human rights history of a unit. The State Department has interpreted a unit to mean a brigade, which is approximately 3,000 soldiers.Each U.S. embassy has established a "vetting procedure" to review the backgrounds of military units for which assistance has been proposed. To date, foreign aid to Colombia has been the main focus of the law.
Two different laws
The Leahy Law in the 2001 Foreign Operations Appropriations Act (Section 563 of ) states:There are actually two different Leahy Laws. One is attached to the Defense Appropriations and the other is within the Foreign Operations Appropriations. The Foreign Operations Appropriations Leahy Law cover weapons funding and training, but the 2001 Defense Appropriations act Leahy Law only covers training. Both Leahy provisions have similar wording.
The Leahy Law version attached to the Foreign Operations Appropriations has no waivers, but the Leahy Law in the Defense Appropriations version can be waived if the Secretary of Defense determines that “extraordinary circumstances” require it.
Waiver and withholding
The Defense Appropriations version of the Leahy Law allows the Secretary of Defense to waive the provision if he determines that "extraordinary circumstances" require it. On August 22, 2000 President Clinton signed a presidential waiver excluding all but one of the human rights considerations for funding for Plan ColombiaPlan Colombia
The term Plan Colombia is most often used to refer to U.S. legislation aimed at curbing drug smuggling and combating a left-wing insurgency by supporting different activities in Colombia....
.
During yearly reviews, military aid has been withheld from some specific Colombian military units, such as the Palanquero Air Force base and the Army's XVII Brigade.
Criticisms of the law
Authors Doug StokesDoug Stokes
Doug Stokes is a Senior Lecturer in the Department of Politics and International Relations at the University of Kent, Canterbury.His first book, examines US intervention in Colombia and argues that it has primarily been driven by a desire to secure a stable supply of oil and to pacify threats to...
and John Barry argue that there are major weaknesses to the law.
Stokes argues the law has four weaknesses which make it effectively useless.
First, the Colombian military and US embassy in Colombia have had procedures to circumvent the "vetting procedure" ever since human rights were attached to military funding in 1998. In a September 1997 letter to Senator Leahy, United States Ambassador to Colombia
United States Ambassador to Colombia
The following is a list of Ambassadors of the United States, or other chiefs of mission, to Colombia and its predecessor states. The title given by the United States State Department to this position is currently Ambassador Extraordinary and Minister Plenipotentiary.- Gran Colombia:The following...
Curtis Warren Kamman
Curtis Warren Kamman
Curtis Warren Kamman is a former career diplomat.Kamman graduated from Tucson High School and Yale University and entered the Foreigh Service in 1960. He served as United States Ambassador to Bolivia, Chile, and Colombia...
stated that the list of potential units which would receive aid “was judged to be severely deficient.” An anonymous U.S. official told the Washington Post that "the Colombian army had difficulty finding any units without serious human rights violations, thus slowing the process. "The question is, is there anyone we can deal with out there?" the official asked." Five months later, in January and February 1998, the Colombian defense minister submitted a new list to the US ambassador. US Ambassador Kamman stated that the delay was because the brigade needed to transfer out two officers accused of human rights abuses. Simply transferring officers accused of human rights abuses to make a unit "clean" is a clear violation of the Leahy Law, which states, that aid is conditional on the Colombian government "taking effective measures to bring the responsible members of the security forces unit to justice." Further, as Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
discovered, if a unit is "considered important enough to drug war objectives…the U.S. will violate the Leahy Provision in order to continue funding and training it." For example, the US State Department informed the Colombian government that the US “will not consider providing assistance to the 17th Brigade [in Urabá Antioquia
Urabá Antioquia
Urabá Antioquia is a subregion in the Colombian Department of Antioquia. The region is made up by 24 municipalities. Most of this region northern portion is part of the Colombian Caribbean Region bordering the Caribbean sea.-Municipalities:* Apartadó...
, northwestern Colombia] until all significant human rights allegations involving the unit have been credibly addressed.” But the 18th brigade, which is stationed in the oil fields of Arauca, Colombia
Arauca, Arauca
Arauca is a municipality and capital city of the Arauca Department of Colombia. Its full name is Villa de Santa Bárbara de Arauca, it is located at N 07° 05′ 25″ - W 70° 45′ 42″. The Municipality of Arauca has a total population of 82,149 ....
, and which is the focus of numerous human rights violation allegations, continues to receive US military aid.
The second way that the U.S. and Colombian government circumvent the Leahy law is by "by allowing vetted units to mix, coordinate logistics with, and share the facilities of suspended units".
The third way that the U.S. and Colombia government circumvent the Leahy law is that when a unit is vetted it is cleared, but once the unit has been vetted, new soldiers who come into the unit are not screened.
Finally, the Leahy law is circumvented by the US contacting with private contractors to avoid legal oversight. In September 2004, After Congress set a United States civilian contractor cap at 400, DynCorp, a weapons supplier for the military, hired foreign nationals to work in Colombia, which effectively circumvented Congressional authority. Also, the hundreds of DynCorp nonmilitary civilian war personnel are not counted under the Congressional cap. In 2001, DynCorp rescued a shot down Colombian helicopter crew. During this search and rescue, DynCorp was involved in a battle with rebels, and it was revealed for the first time that DynCorp had four helicopter gun ships. Despite this, the Bush administration continues to assert that civilian contractors are not involved in warfare. The former ambassador to Colombia, Myles Frechette explained why private mercenaries are so convenient, "It's very handy to have an outfit not part of the U.S. armed forces. Obviously, if somebody gets killed or whatever, you can say it's not a member of the armed forces. Nobody wants to see American military men killed." This government-private sector partnership would therefore undermine the Leahy law, which only covers public money and official US equipment and soldiers, providing "plausible deniability
Plausible deniability
Plausible deniability is, at root, credible ability to deny a fact or allegation, or to deny previous knowledge of a fact. The term most often refers to the denial of blame in chains of command, where upper rungs quarantine the blame to the lower rungs, and the lower rungs are often inaccessible,...
" for the U.S. government.
See also
United States security assistance to the Palestinian AuthorityUnited States security assistance to the Palestinian Authority
United States security assistance to the Palestinian Authority has been provided since the Palestinian Authority was established by the Oslo Accords in the mid-1990s. The security assistance was given on an ad hoc basis and often covert at the outset. Since 2005 the U.S...