Understanding the Leahy Law

1. What Is the Leahy Law?

The Leahy Law refers to two U.S. legal provisions that bar the government from using funds to support foreign security force units if there is credible evidence that the unit has committed gross violations of human rights (GVHR). These violations include torture, extrajudicial killings, enforced disappearances, and rape under the color of law. Each case is reviewed based on its specific facts.

There are two versions of the Leahy Law:

One applies to the U.S. Department of State, codified in Section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d).
The other applies to the Department of Defense (DoD) and is now permanently located in Section 362 of Title 10 of the U.S. Code.

Both laws allow exceptions. The State Department can resume assistance if the Secretary of State confirms that the foreign government is taking meaningful action to hold the responsible individuals accountable. The DoD can make exceptions in two scenarios:
(1) if the foreign government has taken corrective measures (known as remediation), and
(2) in cases involving disaster relief, humanitarian aid, or national security emergencies.

Additionally, under the FY2015 National Defense Authorization Act, the DoD may train foreign units—otherwise ineligible under the Leahy Law - on human rights and rule of law, provided the Secretary of State agrees. However, individuals known to have committed GVHRs or commanded offending units are excluded from such training.

2. How Is the Leahy Law Implemented?

When assistance is planned for an entire unit, the Department of State vets both the unit and its commander. If the aid is for an individual, both the individual and their unit are vetted.

The process begins in the country where the unit is based, typically handled by the local U.S. embassy, which conducts background checks through political, security, and human rights channels. Additional review often occurs at the State Department in Washington, D.C., where officials evaluate all available information, including open-source and classified records.

To assess whether allegations are credible, several factors are weighed:

The past accuracy and reliability of the reporting source
The method of information collection (e.g., eyewitness, NGO interviews, government records)
Any known biases or political motives of the source
Presence of corroborating or contradictory information
The unit's history, including past abuses or professional conduct
The level of detail in the allegation, including clear identification of the act, perpetrator, and victim

3. Can Previously Ineligible Units Be Reinstated?

Yes. Both the State and Defense Departments follow a joint remediation policy that outlines the process for resuming assistance to units once ineligible under the Leahy Law.

This may occur when it is determined that the foreign government is actively pursuing justice, including steps such as: