In an extraordinary shift of stance, the Biden administration forgoes former President Trump’s Department of Justice’s argument, thus suggesting the UN agency that aids Palestinians, UNRWA, can dodge prosecution for allegedly abhorrent conduct. This significant departure from the previous administration’s position is tied to a hefty $1 billion lawsuit filed in 2023 by Tamar Kedem Siman Tov’s estate, whose family tragically fell victim to Hamas terrorists. The incident took place at Kibbutz Nir Oz, Israel, on October 7, 2023. The lawsuit alleges that UNRWA’s facilities were misused by Hamas for storing weapons.
The lawsuit, stretching over 167 pages, outlines how UNRWA turned a blind eye to Hamas’s devastating activities. It let the terrorist organization construct tunnels and command centers beneath its facilities while also indirectly feeding money into their pockets by paying its employees in U.S. money. Despite these unsettling allegations, the Biden administration pronounced that UNRWA, as a UN body, could enjoy immunity awarded to international organizations from prosecution in the U.S.
In a discordant note, the U.S. attorney for the Southern District, representing Biden’s administration, posits that the previous administration’s perspective was incorrect. As per their 10-page document, UNRWA significantly deviates from other UN bodies in various ways. Yet, the UN upholds its belief that UNRWA, being a component of its system, should be immune from court proceedings in the U.S. A UN spokesperson stated their intent to continue defending their stance in court.
UNRWA, found in 1950, is perceived by Israel as a persisting nuisance. Israel contends that the agency’s educational functions propagate hostility and aim at obliterating Israel’s character by swelling its Arab refugee population. Following the October 7 attack, mounting evidence has emerged suggesting Hamas’s exploitation of UNRWA’s facilities for initiating attacks and harboring terrorists.
According to officials, UNRWA has effectively become a facade for terrorism, having egregiously strayed from its humanitarian mission. The agency remains conspicuously silent, if not complicit, regarding the slaying of Israelis, making it only appropriate that it be held legally accountable in the U.S. The lawsuit echoing these concerns was filed in the previous year.
Exposure of video evidence showcasing UNRWA employees actively partaking in the October 7 massacre led to the suspension of American funding for the agency. This action prompted similar withdraws from several other countries. As per the recent DOJ documentation, only certain UN entities designated by a Presidential executive order can enjoy prosecution immunity. The document additionally argues that UNRWA operates independently from the UN General Assembly.
Furthermore, the report states that UNRWA’s staff enjoy certain privileges and exemptions. A significant portion of the agency’s financial aid comes from sources other than the UN budget. Positioned differentially from other UN agencies, the officials implicated in the lawsuit, the DOJ claims, are exempt from derivative immunity typically awarded to certain UN officers.
The UN spokesperson counters these accusations by saying the UN’s stance is clear: UNRWA operates as a subsidiary of the General Assembly and is thereby entitled to immunity from legal proceedings under the 1946 Convention on the Privileges and Immunities of the United Nations. He added that the UN would continue to defend its stance in court and consider any further required actions.
Established in 1950 to provide aid to Arabs affected during Israel’s war of independence, UNRWA operates differently from the general UN High Commission for Refugees, catering to displaced individuals globally. UNRWA has set up camps in several Arab countries bordering Israel. Many of these nations deny citizenship and even work permits to camp inhabitants, contributing to their transformation into terrorism hotbeds.
Unlike the universal UN refugee agency working towards terminating refugee status, including through resettlement, UNRWA insists that the Palestinian refugees will only be allowed to resettle after the Israeli-Arab dispute gets resolved. The Palestinian-focused agency perpetuates the status of descendants of displaced Arabs from 1948 as incessant refugees.
From managing 750,000 refugees upon its inception, UNRWA now caters to nearly 6 million individuals. Given the significant increase in the number of dependents, it becomes crucial for the agency to function responsibly and verify that its resources are not being misappropriated by terrorist entities, a situation the Biden administration seems to dismiss without much thought.