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Edited by: Fern Sidman
A recent legal development involving the United Nations Relief and Works Agency (UNRWA) and its employees has raised significant controversy, as both the United Nations and the U.S. Department of Justice (DOJ) are asserting that UNRWA staff involved in the October 7 massacre should be shielded from legal prosecution. As was reported on the Matzav.com web site, according to a court submission in the U.S., it has been revealed that several UNRWA employees were directly or indirectly involved in the brutal attack carried out by Hamas, which saw the crossing of terrorists into Israeli territory and resulted in the deaths and kidnappings of numerous Israeli civilians.
The revelations indicate that approximately 10% of UNRWA staff have connections to terrorist organizations, and at least 12 of its employees were actively involved in the events of October 7. Of these, six reportedly crossed the Israeli border as part of the terrorist assault, two were involved in kidnapping Israelis, and another two were identified at locations where mass killings of Israelis occurred, according to the Matzav.com report. Further involvement included logistical support for the attack, including procuring weapons. Despite this information, the United Nations has maintained that these employees are immune from legal action due to their status as UN workers.
UNRWA, Jan. 26: “Any UNRWA employee who was involved in acts of terror will be held accountable, including through criminal prosecution.”
UNRWA now: Demands total immunity. pic.twitter.com/lvY1fd7Cty
— Hillel Neuer (@HillelNeuer) September 22, 2024
The legal argument presented to the U.S. court, backed by the DOJ, centers around the concept of absolute immunity for United Nations employees. Indicated in the Matzav.com report was that in its formal response, UNRWA stated, “Since the UN has not waived their immunity in this case, its subsidiary organization, UNRWA, continues to enjoy absolute immunity from prosecution, and the lawsuit should be dismissed.” The U.S. Department of Justice echoed this stance, explaining that the plaintiffs failed to present a legal theory under which the United Nations would have waived its immunity, thus requiring the dismissal of the case against UNRWA.
The invocation of UN immunity in this case has provoked a backlash, particularly from Israel, which has long sought to disband or reform UNRWA, accusing it of harboring ties to terrorist organizations such as Hamas, as per the information provided in the Matzav.com report. Israel has intensified its efforts to legally challenge UNRWA’s existence, both within its own legislative framework and on the international stage. Israeli officials argue that UNRWA has become a critical part of Hamas’s operations in Gaza, facilitating or turning a blind eye to the organization’s terror activities under the guise of humanitarian work.
The Israeli Defense Forces (IDF) have acted on these accusations, targeting and eliminating several UNRWA employees in military strikes following the October 7 massacre. Israeli military officials maintain that these individuals were either directly involved in the attack or provided material support to Hamas in its ongoing war against Israel, the report on Matzav.com added. For Israel, the latest legal protection being extended to these individuals further complicates their ability to hold terrorists accountable and disrupt Hamas’s operational networks.
The issue of UNRWA’s immunity has long been a point of contention. Established in 1949 to provide relief and services to Palestinian refugees, UNRWA has been criticized by Israel for perpetuating the refugee status of Palestinians and for being infiltrated by terrorist organizations. Israel’s repeated calls for the agency’s dissolution have grown more urgent in the wake of the October 7 attacks, as more evidence emerges of UNRWA staff members’ involvement in terrorist activities.
International reactions to the case have been mixed. Some countries, particularly those with close ties to Israel, have expressed concern over the lack of accountability for UNRWA employees. Others have argued that maintaining the immunity of UN workers is essential for the United Nations to operate in volatile regions and provide humanitarian aid. However, Israel insists that UNRWA has become a vehicle for terrorism, and that shielding those involved in acts of terror undermines global efforts to combat extremism.
The outcome of the case could have significant implications for both UNRWA’s future and the broader debate over the legal protections afforded to international organizations. Should the court side with the United Nations and the DOJ, it could reinforce the precedent of absolute immunity for UN employees, even in cases involving terrorism. Conversely, a ruling against the United Nations might open the door for more scrutiny of UNRWA’s activities and potentially lead to legal reforms aimed at curbing the agency’s alleged connections to terrorist groups like Hamas.
For Israel, the fight against UNRWA is about more than just legal immunity—it is a critical part of its broader strategy to weaken Hamas and dismantle the networks that support its operations. As the case unfolds, the tension between the necessity of international humanitarian work and the need for accountability in the face of terrorism will remain at the forefront of the discussion.
