Leahy Law

The Leahy Law, encompassing two statutory provisions, prohibits the U.S. Department of State and Department of Defense from providing assistance to foreign security force units where there is credible information implicating that unit in the commission of gross violations of human rights. These are found in sections 620M of the Foreign Assistance Act of 1961 and section 2249e of title 10, United States Code.

The law is designed to prevent U.S. assistance from inadvertently supporting or enabling human rights abuses by foreign governments. The "credible information" standard is applied broadly and can include information from a variety of sources, including but not limited to U.S. government reports, reports from credible non-governmental organizations (NGOs), and media accounts.

Before assistance can be provided to a foreign security force unit, the relevant U.S. agency must vet the unit to ensure there is no credible information linking it to gross violations of human rights. If such information exists, assistance is generally prohibited until the host government takes effective steps to bring the responsible individuals to justice. "Effective steps" can include investigation, prosecution, and appropriate disciplinary action.

The Leahy Law applies to a wide range of U.S. security assistance, including training, equipment, and other forms of support. It has significant implications for U.S. foreign policy and national security, as it can impact the U.S. government's ability to partner with foreign governments on counterterrorism, counter-narcotics, and other security-related issues.

Waivers of the Leahy Law are possible in certain circumstances, typically when the Secretary of State determines that doing so is in the national security interest of the United States. Such waivers are generally subject to congressional notification requirements. The Leahy Law is administered by the Department of State and the Department of Defense, each with its own procedures for vetting foreign security force units.