By: Fern Sidman

A group of American citizens who survived attacks by Hamas and Hezbollah, along with relatives of victims who were killed or injured in those assaults, have filed a lawsuit against the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). As reported by The Times of Israel on Sunday, the case marks a landmark legal challenge against the UN body, accusing it of aiding and enabling terrorist organizations responsible for some of the deadliest assaults against Israelis and Americans in recent memory.

The lawsuit, filed Thursday in a federal court in Washington, D.C., argues that UNRWA and its U.S. fundraising arm, UNRWA USA, provided material support to Hamas and Hezbollah in violation of American antiterrorism statutes. Plaintiffs include survivors and bereaved family members of victims of attacks in Israel and abroad. According to the complaint, rather than fulfilling its mandate to deliver humanitarian aid and foster coexistence, UNRWA has acted as a facilitator for extremist violence, embedding itself in Palestinian society in ways that directly sustain terror groups.

The case has been made possible by a reversal in U.S. legal policy. In April, the Department of Justice declared that UNRWA is not entitled to the immunity from litigation typically enjoyed by UN bodies, a decision that paved the way for American courts to hear such complaints. The Times of Israel report noted that this shift reflects growing scrutiny of the agency, particularly in the aftermath of the October 7, 2023, Hamas-led massacre, during which some UNRWA staff were directly implicated.

The plaintiffs argue that UNRWA’s activities extend far beyond humanitarian assistance and have consistently empowered groups like Hamas and Hezbollah. According to the complaint, the agency’s infrastructure has been used for storing weapons and launching attacks, while its schools and educational materials foster antisemitic attitudes and glorify violence.

UNRWA USA, which solicits donations on behalf of the agency, is also cited in the suit. The plaintiffs contend that by raising and channeling funds, the U.S.-based nonprofit has indirectly provided resources to terrorist organizations, thereby violating U.S. laws prohibiting material support to terrorism.

A second lawsuit, filed last year in New York, remains ongoing. That case, brought by the families of more than 100 victims of the October 7 attacks, likewise accuses UNRWA of complicity in terror operations. According to the information provided in The Times of Israel report, the new D.C. lawsuit is separate but follows a similar legal framework, drawing on the Department of Justice’s updated interpretation of UNRWA’s legal status in U.S. courts.

UNRWA was established in 1949 following Israel’s War of Independence and the displacement of Palestinians during the conflict. Today, the agency provides health, education, and welfare services to millions of Palestinians in Gaza, the West Bank, Jordan, Lebanon, and Syria. According to official UNRWA figures, some 5.9 million Palestinians are registered as refugees.

Israel has long argued that UNRWA’s definition of “refugee” is unique in international law and perpetuates the conflict. Unlike other refugee agencies, which restrict status to those who personally fled conflict, UNRWA allows descendants of the original refugees to retain the designation. As The Times of Israel report highlighted, this policy has allowed the refugee rolls to grow continually across generations, even when individuals have obtained citizenship elsewhere. Critics argue this entrenches grievance and obstructs the possibility of a negotiated settlement.

The new lawsuit also echoes longstanding Israeli accusations against UNRWA. The Knesset voted in November to ban the agency from operating in Israel and parts of the West Bank, with support from both coalition and opposition members. The decision came after revelations that UNRWA employees had participated in the October 7 massacre, and that its facilities were repeatedly used for Hamas military purposes.

Israeli intelligence has provided evidence of UNRWA schools teaching curricula that incite hatred of Israel and glorify terrorist “martyrs.” Reports cited by The Times of Israel show that educational materials often depict Jews as aggressors and celebrate armed resistance. These findings have been a major factor in the Israeli government’s campaign to delegitimize the agency internationally.

Central to the lawsuit is the April decision by the U.S. Department of Justice to withdraw UNRWA’s immunity from American courts. Under the former Biden administration in September 2024, the department had originally insisted that UNRWA was shielded from litigation as a subsidiary organ of the UN. At that time, a lawsuit in New York was halted on those grounds.

However, in April, under revised policy, the Department of Justice announced that it had “reevaluated that position” and determined that UNRWA does not enjoy such protections. While the United Nations itself retains immunity, its subsidiary bodies do not automatically share this legal shield. The report at The Times of Israel noted that the DOJ explicitly cited the “heinous offenses” of October 7 as a catalyst for reassessing UNRWA’s role and accountability.

This reinterpretation has opened the door to further lawsuits, of which the latest D.C. case is likely only the beginning. Legal experts cited in The Times of Israel predict that additional victims of terror groups may come forward, leveraging the precedent to seek damages against UNRWA for its alleged complicity.

The case comes at a time of heightened debate over UNRWA’s future. Western governments, including the United States, have faced domestic pressure to cut funding to the agency. Some donor states temporarily suspended contributions earlier this year after revelations of UNRWA staff involvement in terrorism, though several later resumed funding after receiving assurances from the UN.

In Israel, however, the matter has become increasingly urgent. Officials insist that dismantling UNRWA is essential to any long-term security arrangement in Gaza, arguing that the agency’s infrastructure has become inseparable from Hamas’s governance of the territory. As The Times of Israel reported, Israel believes UNRWA has evolved into an institutional barrier to peace rather than a vehicle for humanitarian relief.

For the American victims bringing the case, the lawsuit represents an opportunity to hold UNRWA accountable in a way that diplomatic channels have not. Plaintiffs argue that the agency should not be allowed to hide behind humanitarian rhetoric while enabling terrorist organizations that target civilians.

“These hostages and victims are not simply casualties of war—they are victims of an infrastructure of hate that UNRWA has sustained for decades,” one of the plaintiffs’ representatives was quoted as saying in court documents referenced by The Times of Israel.

The lawsuit demands damages and legal accountability, but it also seeks to expose UNRWA’s alleged role in perpetuating violence, hoping to galvanize international opinion against the agency.

As the case moves forward in Washington, legal experts expect prolonged arguments over the scope of UNRWA’s liability and the extent to which international agencies can be held accountable under U.S. law. The Department of Justice’s shift in position has already created new legal terrain, and the D.C. court’s handling of the matter could set significant precedent.

For Israel and its supporters, the case represents an important step in challenging what they view as decades of international indulgence toward UNRWA. For Palestinians and their advocates, however, the lawsuit is likely to be seen as part of a broader campaign to delegitimize institutions that support their cause.

As The Times of Israel report indicated, the litigation highlights a growing determination among American victims and their families to use every available mechanism—legal, political, and diplomatic—to confront not only Hamas and Hezbollah but also the institutions accused of sustaining them.