Adalah: Knesset bills aiming to shut down UNRWA violate Israel's obligations under intl. law and must be withdrawn
Adalah – The Legal Center for Arab Minority Rights in Israel sent a letter to Israel's Attorney General and the Knesset's Legal Advisor outlining its objections to the pending bills aimed at crippling the operations and functioning of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). These bills would severely undermine the essential services provided to Palestinian refugees throughout the Occupied Palestinian Territory (OPT), including in Gaza. The letter, sent on 20 October 2024, demands that Israeli Knesset members immediately withdraw the proposed legislation and cease further advancement of the bills.
The Knesset’s Foreign Affairs and Defense Committee approved two bills on 6 October 2024 aimed at ceasing UNRWA's operations. These bills await final readings in the Knesset Plenum, as soon as 28 October 2024 and have received support from MKs from parties in the coalition and opposition alike, with a projected majority of at least 100 out of 120 MKs.
CLICK HERE to read Adalah’s letter [Hebrew]
CLICK HERE to read an English translation of the letter
CLICK HERE to read an unofficial translation of the proposed bills
The aid organization, which started operating in 1950, provides basic services to registered Palestinian refugees in Gaza, the West Bank, including East Jerusalem, Jordan, Syria and Lebanon. UNRWA has long faced campaigns led by Israeli groups and officials who have openly sought its removal from East Jerusalem in the past. The aftermath of the 7 October attacks is now being used as a pretext to implement this long-standing agenda through these bills that followed recent allegations on the involvement of UNRWA staff members in Gaza in the 7 October 2023 Hamas attacks in Israel. The information Israel forwarded to UNRWA on this matter led to the agency’s decision to immediately terminate the employees contracts, but lawmakers now insist that further measures must be taken in order to halt UNRWA’s operation altogether.
Banning of operation and presence in East Jerusalem and curbing aid in the OPT
The bills seek to ban UNRWA from operating within Israel's “sovereign territory,” stating that the agency “shall not establish any representation, provide any services, or conduct any activities” within the territory of Israel. If passed, this would lead to the closure of UNRWA's headquarters in occupied East Jerusalem, which serves as the management and administrative hub for its operations across the OPT, and would halt all UNRWA services and activities in East Jerusalem. The bills also propose to prohibit Israeli authorities from engaging with UNRWA or its representatives (“No contact”). Additionally, they stipulate that the agreement between Israel and UNRWA, dated June 1967, which has facilitated the agency's operations and coordination with state authorities, will expire and will not be renewed. Under this agreement, Israel committed to facilitate “the task of UNRWA to the best of its ability”. The law will take effect three months after its passage, except for the termination of the agreement, which will take effect immediately.
In the letter, Adalah’s Legal Director Dr. Suhad Bishara argued that UNRWA’s activities in the OPT rely heavily on ongoing coordination with Israeli authorities in all aspects of its operation. This coordination includes the establishment of operational headquarters, obtaining visas, residence and work permits for staff, coordinating with military authorities on operational matters, such as the provision of humanitarian assistance in Gaza, and facilitating the entry and transfer of medicines and essential supplies. Adalah stressed that the proposed law would severely jeopardize UNRWA’s operations across the OPT, and would carry catastrophic consequences for Palestinian refugees living there.
Adalah further argued that these bills violate international law, including the United Nations Charter, particularly Article 2(5), which mandates that all member states assist the UN in its actions. Additionally, they contravene Article 104, which grants the UN the legal capacity necessary to fulfill its functions, and Article 105, which ensures that the UN and its representatives enjoy the privileges and immunities essential for carrying out their mandates.
Breach of ICJ orders against intentional starvation in Gaza
Additionally, Adalah stressed that curbing UNRWA's activities in Gaza violates the provisional measures ordered by the International Court of Justice (ICJ) in the case of South Africa v. Israel. On 26 January 2024, the Court issued its first provisional measure, indicating that some actions and omissions alleged by South Africa against Israel in Gaza may violate the Genocide Convention. On 28 March 2024, the Court further ruled that Israel must “take all necessary and effective measures to ensure, without delay, in full cooperation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance.” UNRWA is essential for delivering humanitarian aid and shelter to Palestinians in Gaza, providing food and medical services. By obstructing UNRWA's operations instead of facilitating them, Israel is breaching the ICJ's provisional measures and may also violate Articles II(a) and II(c) of the Genocide Convention, which prohibit genocide by (a) killing members of the group and (c) deliberately inflicting conditions of life intended to bring about the group’s physical destruction, in whole or in part. Ceasing UNRWA's operations and preventing essential aid to refugees, especially in the Gaza Strip, may also amount to a war crime under Article 8(2)(b)(xxv) of the Rome Statute of the International Criminal Court (ICC), which criminalizes the intentional use of starvation of civilians as a method of warfare.
International condemnation of the bills
The proposed bills have faced widespread criticism from various international actors, including ambassadors from 123 UN member states, who voiced their support for UNRWA and their opposition to the legislation. The European Council similarly emphasized that “continued implementation of the UNRWA Action Plan is key,” and condemned any effort to abrogate the 1967 agreement between Israel and UNRWA or obstruct the agency’s ability to fulfill its mandate. US Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin also issued a joint letter, warning that “enacting such restrictions would devastate the humanitarian response in Gaza at this critical moment and deny essential educational and social services to tens of thousands of Palestinians in the West Bank and East Jerusalem”.
Adalah stated:
“In the midst of Israel’s ongoing genocidal assault on Gaza and escalating violence in the West Bank, including East Jerusalem, Israel is now seeking to dismantle a vital lifeline for millions of Palestinian refugees across the OPT. The advancement of these bills further reveals Israel’s calculated strategy of inflicting suffering and death on Palestinians, exacerbating the humanitarian catastrophe in Gaza. Israel’s attacks on UNRWA have consistently stemmed from its denial of the rights of millions of Palestinian refugees. In this war, these efforts now extend towards a deadly objective, including starvation. Despite pending arrest warrants at the ICC for acts amounting to war crimes and crimes against humanity, including the starvation of civilians, this initiative to shut down UNRWA has gained broad support among Israeli lawmakers. The international community must act decisively to prevent this dangerous move.”
Photo by Oren Cohen/Flash90
