Biden v. the IDF
For the first time, America is contemplating sanctioning the army of the Jewish state.
President Bidenâs reported decision to sanction a unit of the Israel Defense Forces is one of the most obnoxious moves to come out of his presidency. No one else has tried it before, let alone when the Jewish state is fighting a war (or is it three or four?). Prime Minister Netanyahu calls it a ânew moral low.â The Times of Israel reports that Israel is âaghast.â Even Benny Gantz calls it a âdangerous precedentâ against an âinseparable part of the IDF.â
Thatâs the understatement of the year. The target of the White Houseâs ire is an infantry unit, Netzach Yehuda, mostly composed of religious soldiers. All that Secretary Blinken said is that he has âmade determinationsâ in respect of the Leahy Law, which prohibits funding for foreign security forces when there is âcredible information implicating that unit in the commission of gross violations of human rights.â These must be âfact-specific.â
The administration, if it proceeds with sanctions, might point to the death of a Palestinian Arab, Omar Assad, in Netzach Yehuda custody. That happened in 2022. The IDF disciplined commanders involved. Leahyâs law does not apply if the âcountry is taking effective steps to bring the responsible members of the security forces unit to justice.â Netzach Yehuda now fights at Gaza, not the West Bank.
Mr. Gantz makes this point on X, writing that the âState of Israel has a strong, independent judicial system that evaluates meticulously any claim of a violation or deviation from IDF orders and code of conduct, and will continue to do so.â He adds that the unit âis subject to military law and is responsible for operating in full compliance with International law.â Reportedly, all of the allegations date from before October 7.
Mr. Netanyahu vows that his government will âact by all means against these moves,â and with good reason. If sanctioned under the Leahy Law, the unit would be barred from accessing American money or training, even as fighting rages at Gaza. A watchdog, NGO Monitor, reports that an anti-Israel group was the one that submitted a âLeahy Law referralâ to the State Department in 2022. That appears to have born pernicious fruit. Score one for lawfare.
Mr. Biden could also be hamfistedly helping Mr. Netanyahu stay in power, an outcome Washington dreads. Netzach Yehuda is a largely haredi unit, and sanctioning them would come at a time when Israeli society is riven over the question of whether the haredi masses should be drafted into the IDF. It is Mr. Netanyahuâs opponents who maintain that they should, and his allies that resist. Sanctions are unlikely to be an advertisement for recruitment.
Abuses have marred every army since Achilles dragged Hectorâs body around Troy. Our own fighting forces have occasionally fallen short â see the shame of My Lai or the degradations of Abu Ghraib. To criminalize the IDF though, is a shocking betrayal of an ally as it fights an entity, Hamas, whose entire modus operandi is built on war crimes. It comes at a time, too, when the Jewish state is libeled before the world court as a gĂ©nocidaire.
The danger to Israel extends beyond this battalion. An American finding that the IDF cannot be trusted to police its own forces would unleash the floodgates of prosecutions like the one now before the International Criminal Court. That is not a recipe for accountability. It is a prescription for pariahdom. Why Mr. Biden contemplates moving against the Jewish state in this manner is almost â thereâs Dearborn, after all â inexplicable.