Israel’s controversial ban on UNRWA: Examining the legal fallout and humanitarian consequences

By Fatou Ferraro Mboup

Published Nov 13, 2024 at 09:00 AM

Reading time: 4 minutes

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On Monday 4 November 2024, Israel officially cut ties with the UN agency that provides essential aid to millions of Palestinian refugees, sparking outrage and fears of a worsening humanitarian crisis in Gaza. Calls are now coming in from across the globe for the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) to be replaced or reinstated immediately.

It was the Israeli Ministry of Foreign Affairs that announced the termination of a 1967 cooperation agreement, which had served as the legal foundation for Israel’s relationship with UNRWA. Foreign Minister Israel Katz was quoted as saying: “UNRWA—the organisation whose employees participated in the 7 October massacre and many of whose employees are Hamas operatives—is part of the problem in the Gaza Strip and not part of the solution.”

The ban is scheduled to take effect within 90 days, resulting in the closure of UNRWA’s operations in the occupied Palestinian territories, including the West Bank, East Jerusalem, and Gaza. This will effectively cripple the agency’s ability to carry out its mandate, as established by the UN General Assembly in 1949.

The timing of this couldn’t be worse: other UN agencies are warning of an imminent famine in Gaza, where aid has nearly stopped, leaving millions vulnerable and on the brink of disaster.

Philippe Lazzarini, UNRWA’s commissioner-general, has described this decision as forcing millions of Palestinians into “darkest hour” levels of need and deprivation, stating: “Without intervention by member states, UNRWA will collapse, plunging millions of Palestinians into chaos.”

Yet, despite these ramifications and its potential illegality, the global response has been tepid. Why has the international community allowed such a destabilising action to proceed? And what does this mean for the legality of Israel’s policies towards Palestinians?

What is UNRWA and why does it matter?

UNRWA was established in 1949 in response to the crisis faced by Palestinian refugees displaced during the 1948 Arab-Israeli conflict. Its mandate is unique. Unlike other UN agencies, UNRWA’s mission is solely to support Palestinian refugees, providing essential services in Gaza, the West Bank, Lebanon, Syria, and Jordan. Over the years, it has become a lifeline for nearly six million Palestinians, ensuring access to education, healthcare, and shelter.

Were any members of UNRWA involved in the Hamas attack?

On 5 August 2024, an internal investigation at UNRWA led to the termination of nine staff members due to their potential involvement in the 7 October Hamas-led attacks on Israel. Lazzarini explained that the allegations were brought to the agency’s attention in January 2024.

“I immediately terminated the contracts of the staff in question, in the interest of the Agency, while the SG tasked OIOS to launch an investigation. Additional allegations were brought to our attention in March and April and the concerned staff were added to the OIOS investigation,” the commissioner general continued.

From this point, Israel’s relationship with UNRWA began to rapidly deteriorate. Tensions escalated as Israeli officials continued to accuse the agency of harbouring Hamas sympathisers, despite the ongoing investigations and UNRWA’s efforts to address the concerns.

However, UNRWA has repeatedly called on Israel to share verifiable information, and so far, cooperation has been limited.

How will the UNRWA ban impact Palestinians?

The consequences of Israel’s ban on UNRWA are severe and immediate. In Gaza, UNRWA is the primary provider of essential services. With Israel’s recent military campaign in response to the Hamas attacks, UNRWA’s role has only become more critical. The agency has 13,000 staff members in Gaza alone and delivers 30 to 40 trucks of aid per day, a fraction of what’s needed but still a lifeline.

Without UNRWA, Gaza’s population, already suffering from shortages of food, water, medical supplies, and electricity, will face even greater deprivation.

The international community’s muted response reflects a troubling trend. Historically, Israel has received robust support from the United States and other allies, which has allowed it to skirt certain international regulations. Although the State Department has urged Israel to ease restrictions, it has so far stopped short of taking decisive action to prevent the humanitarian collapse in Gaza.

Is Israel’s ban on UNRWA legal?

Israel’s decision to sever ties with UNRWA risks deepening the humanitarian crisis for Palestinians, violating both the UN Charter and international law. Under Article 2(4) of the UN Charter, member states are prohibited from actions that disrupt the work of UN agencies. By blocking UNRWA’s operations, Israel undermines the agency’s mission of delivering vital aid.

So yes, in short, Israel’s proposed ban on UNRWA’s operations fails to meet this obligation. Instead of cooperating with the UN to reform or address concerns within the agency, Israel has chosen a course that effectively holds civilians hostage to a political dispute, a practice that contravenes both humanitarian law and human rights standards.

How has America responded to Israel’s ban on UNRWA?

Shortly after Donald Trump’s presidential victory, billboards celebrating his win began to pop up across Israel, proudly showcasing his image and highlighting the strengthening of political ties between the two nations.

Israeli Prime Minister Benjamin Netanyahu was quick to celebrate the outcome of the recent US election, becoming the first world leader to congratulate Trump, writing on X: “Congratulations on history’s greatest comeback! Your historic return to the White House offers a new beginning for America and a powerful recommitment to the great alliance between Israel and America. This is a huge victory!”

Israeli far-right National Security Minister Itamar Ben-Gvir echoed this sentiment, posting an enthusiastic “Yesssss” on social media immediately following election night results.

Trump’s warm relationship with Israel is long-standing. During the lead-up to the 2020 election, for example, he appealed to US voters, in an effort to secure the Jewish vote, stating: “The Jewish state has never had a better friend in the White House than your president, Donald J Trump.”

What are Israel’s next steps?

If Israel enforces this ban, the international community must take decisive action. The UN Security Council, as the body tasked with maintaining peace and security, has the authority to intervene. Member states must support UNRWA by pledging additional funds to ensure its operations can continue and by pressuring Israel to reverse its ban.

Israel’s ban on UNRWA isn’t just a policy shift; it’s a breach of international agreements designed to protect civilians in conflict zones. Allowing this to happen would mean turning our backs on the principles the UN was built to uphold.

Are we really okay with this? Are we okay with international laws being blatantly disregarded, with millions of lives hanging by a thread simply because of where they were born? It’s time for concrete action, not just statements and hand-wringing. Lives are on the line, and the global community needs to wake up before it’s too late.

Amnesty International was contacted for a comment on this article.

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