About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (January 3, 2017)

handle is hein.crs/govceyr0001 and id is 1 raw text is: FF.ri E~$~ & January 3, 2017 Human Rights Issues: Security Forces Vetting (Leahy Laws) The U.S. Leahy Laws prohibit U.S. security assistance to foreign security forces when there is credible information that a recipient unit has committed a gross violation of human rights (GVHR). The origins of these laws date back to appropriations provisions sponsored by Senator Patrick Leahy (D-VT) in the late 1990s; they were preceded by a series of provisions beginning in the 1970s that sought to constrain U.S. security assistance to governments with poor human rights records. Today's Leahy Laws are permanent law and located in both Title 22 (Foreign Relations) and Title 10 (Armed Forces) of the U.S. Code. They restrict security assistance otherwise funded by the U.S. Departments of State and Defense, but do not apply to foreign military sales and direct commercial sales. Th ) S,'Z.-tate' Lekhy0 Lavw The Leahy Law applicable to security assistance authorized by the Foreign Assistance Act (FAA) of 1961, as amended, or the Arms Export Control Act (AECA), as amended, is codified at 22 U.S.C. 2378d (Section 620M of the FAA). It prohibits assistance to a foreign security forces unit if there is credible information that the unit has committed a gross violation of human rights. The State Department's Leahy Law does not contain a waiver provision comparable to the DOD law, discussed below. Assistance to foreign security forces units may be excepted, however, if the Secretary of State determines that a foreign government is taking effective steps to bring the responsible members of the security forces unit to justice. The Secretary of State is required to promptly inform a foreign government if aid is withheld due to 22 U.S.C. 2378d and the basis for such action. The Secretary is also required to assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice. Pursuant to 22 U.S.C. 2378d, the Secretary is also required to establish and maintain procedures to collect, validate, and preserve vetting information. The provision clarifies that, when a foreign security forces member is designated to receive U.S. assistance (e.g., training, equipment), the individual's service unit must also be vetted. In addition, the Secretary is required to publicly identify, to the maximum extent practicable, those foreign security forces units that have been barred from U.S. assistance under the law. Tb e D) 'e e ,-p ' s Lekhy Lavs0 The Leahy Law applicable to security assistance furnished by the U.S. Department of Defense (DOD) is codified at 10 U.S.C. 362. It prohibits the use of funds available to the Department for any training, equipment, or other assistance to a foreign security forces unit if there is credible information that the unit has committed a gross violation of human rights. The Secretary of Defense may waive applicability of the Leahy Law on DOD assistance, following Secretary of State consultation, under extraordinary circumstances. Assistance to foreign security forces units may also be excepted from the DOD's Leahy Law if the Secretary of Defense, after Secretary of State consultation, determines one of two scenarios: (1) the foreign government in question has taken all necessary corrective steps or (2) the equipment or other intended assistance is necessary in support of disaster relief operations or other humanitarian or national security emergencies. Gross Violation of Human Rights (GVHR) The Leahy Laws do not define GVHR. Drawing instead on the statutorily defined term gross violations of internationally recognized human rights (see Section 502B(d) of the FAA; 22 U.S.C. 2304(d)), the U.S. government vets foreign security forces for credible information indicating (I) torture, (2) extrajudicial killing, (3) enforced disappearance, or (4) rape under color of law (in which a perpetrator abuses their official position to commit rape). Foreign Security Forces The Leahy Laws also do not define foreign security forces. However, State Department guidance has described the term to include those authorized by a state or entity to use force, including, but not limited to, the powers to search, detain, and arrest (e.g., police and military units). Lead'x Laws~ The State Department's Bureau of Democracy, Human Rights, and Labor (DRL) oversees the implementation of Leahy Law vetting policy and processes. According to a 2013 report by the U.S. Government Accountability Office (GAO), the State-led vetting process begins at U.S. embassies overseas where a variety of consular, political, and other security and human rights checks are conducted-including checks on the credibility of derogatory information. In Washington, further vetting may also be conducted; disputed vetting results are also resolved in Washington. Since 2010, information is processed through an online database called the International Vetting and Security Tracking (INVEST) System. U.S. policy and procedures for Leahy vetting have evolved over time, and their implementation has been criticized by some observers as uneven. DRL maintains a practitioners' guide for vetting and provides additional training through briefings, courses, bulletins, and cables. In 2015, the State Department and DOD issued joint policy on remediation and the resumption of assistance to foreign security forces .O 'T p\w -- , gnom goo mppm qq\ M , q 'M I 11LIANJILiM,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most