Knesset passes laws aiming to shut down UNRWA, violating Israel's obligations under intl. law
Today, 28 October 2024, the Israeli Knesset passed two bills aimed at crippling the operations and functions of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). The bills passed with wide support from both the ruling coalition and the opposition, receiving 92 votes in favor and 10 against for the first bill, and 87 votes in favor and 9 against for the second. These bills will severely undermine the essential services provided to Palestinian refugees throughout the Occupied Palestinian Territory (OPT), with ramifications being particularly severe in Gaza where essential aid is already not reaching refugees. Ahead of the passage of the bills, Adalah sent a letter on 21 October 2024 demanding that Israeli Knesset members immediately withdraw the proposed legislation and cease any further advancement of the bills.
CLICK HERE to read more about Adalah’s letter
CLICK HERE to read an English translation of the letter
CLICK HERE to read an unofficial translation of the proposed bills
The laws passed today seek to ban UNRWA from operating within Israel's “sovereign territory,” this would lead to the closure of UNRWA's headquarters in occupied and annexed 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 laws further 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. 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 operations. Thus, the laws severely jeopardize UNRWA’s operations across the OPT and would have catastrophic consequences for Palestinian refugees living there. Adalah further argued that these bills violate international law, including the United Nations Charter, and contravene the provisional measures ordered by the International Court of Justice (ICJ) in the case of South Africa v. Israel, specifically provisions pertaining to the provision of humanitarian aid. UNRWA is essential for delivering humanitarian aid and shelter to Palestinians in Gaza, providing food and medical services. UNRWA was established in 1949 and as of 2019 74% of the population of Gaza were registered as refugees by the organization. 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.
Adalah commented:
“Despite widespread international pressure and condemnation, the Knesset has nearly unanimously passed two bills aimed at dismantling UNRWA, all while Israel continues its genocidal assault on Gaza and intensifies violence across the West Bank, including East Jerusalem. This legislation threatens a vital lifeline for over 2.5 million Palestinian refugees throughout the occupied Palestinian territory. It represents a deliberate attempt to fundamentally undermine UNRWA and its essential mission of supporting the relief, education, and human development of Palestinian refugees. Specifically, the laws aim to strip Palestinians—who were forcibly displaced from their homes during the 1948 Nakba and the 1967 war—of their status as refugees and their right of return. This legislation not only contravenes the basic principles of human rights that led to the UN General Assembly’s founding of UNRWA, but also violates a range of Israel’s international legal obligations, including those under the Genocide Convention and the Rome Statute of the International Criminal Court. The international community must hold Israel accountable.”
Photo by Oren Cohen/Flash90
