|U.S. Senator Patrick Leahy|
In implementation, the Leahy Law uses a complex vetting process to determine whether foreign units are cleared or blocked from receiving U.S. training and assistance.
If a unit is blocked during vetting because of human rights violations, the law permits remediation if the abuses are adequately addressed. This is where the law gets interesting to followers of worldwide military justice developments.
The 2014 legislative update to the Leahy Law lists two separate standards for remediation. Title 22 of the United States Code (Foreign Relations) says that units will remain blocked until "the Government of such country is taking effective steps to bring the responsible members of the security forces unit to justice." Title 10 (Armed Forces) says that no funds will be made available "unless all necessary corrective steps have been taken."
How these remediation steps will be applied is still unclear. Must adjudged sentences match American sensibilities? Will units be remediated if suspects are acquitted? Will foreign military courts be perceived as adequate effective/corrective steps?