Last week, the Biden administration said it would allow the Azov Brigade, a Ukrainian military unit, to receive U.S. weaponry and training, freeing it from a purported ban imposed in response to concerns that it committed human rights violations and had neo-Nazi ties. A photo posted by the unit itself, however, seems to suggest that the U.S. was providing support as far back as December of last year. The photo, in tandem with the administration's own statements, highlights the murky nature of the arms ban, how it was imposed, and under what U.S. authority. Two mechanisms could have barred arms transfers: a law passed by Congress specifically prohibiting assistance to Azov, and the so-called Leahy laws that block support to units responsible for grave rights violations. The State Department said this month that weapon shipments will now go forward after a Leahy law review, but won't comment on if and when a Leahy ban was in effect. The congressional prohibition, the U.S. says, does not apply because it barred assistance to the Azov Battalion, a predecessor to the Azov Brigade. The original unit had earned scrutiny for alleged human rights violations and ties to neo-Nazi and white supremacist ideologies. The U.S. has not made clear about when the apparent ban started, but a deputy Azov commander and media reports indicate some type of prohibition has been in effect for nearly a decade " though the congressional ban has only been in effect since 2018.
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