The U.S. Department of Justice officially notified the Southern District Court of New York that it no longer recognizes the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) as enjoying legal immunity, a dramatic shift from Washington’s earlier stance, according to a JNS report.
This announcement marks a pivotal moment in a lawsuit filed last year by families of victims who were murdered or kidnapped during the horrific Hamas onslaught in southern Israel on October 7, 2023. The plaintiffs accuse UNRWA of playing a role in the massacre, while Israel has disclosed that at least 18 UNRWA employees allegedly took part in the atrocities.
The suit also asserts that billions of dollars in humanitarian aid directed to Gaza through UNRWA were diverted to Hamas and associated terror groups, funding their attacks instead of helping civilians.
“The complaint in this case alleges atrocious crimes committed by Hamas on Oct. 7, and its factual allegations, taken as true, detail how UNRWA played a significant role in those heinous offenses,” wrote the U.S. Attorney’s Office for the Southern District of New York in a court filing submitted to Judge Analisa Torres.
The Justice Department openly acknowledged that its interpretation of UNRWA’s legal status had evolved. “Previously, the government expressed the view that certain immunities shielded UNRWA from having to answer those allegations in American courts,” the DOJ wrote. “The government has since re-evaluated that position and now concludes that UNRWA is not immune from this litigation. Nor are the bulk of other defendants.”
In the filing, the government emphasized that although UNRWA was created via a resolution by the UN General Assembly, it does not satisfy the criteria necessary to be considered an actual organ of the United Nations. The Justice Department also cast doubt on whether the General Assembly had legitimate authority under international law to establish such a body.
This revised legal position sharply diverges from the earlier approach taken by the Biden administration, which had shielded UNRWA and the broader United Nations from lawsuits by arguing that they were covered under diplomatic immunity protections.
If the court sides against UNRWA’s claim to immunity, the agency — along with its leadership and possibly even the United Nations itself — could be forced to pay out significant financial compensation to the families of victims.
Responding to the Justice Department’s filing, a spokesperson for UN Secretary-General António Guterres told JNS, “We have seen the letter filed by the U.S. Department of Justice with the court. We will review it carefully.”
“The position of the United Nations is longstanding and clear. UNRWA is a subsidiary body of the General Assembly and, as such, is entitled to immunity from legal process under the 1946 Convention on the Privileges and Immunities of the United Nations,” the statement continued. UNRWA itself issued an identical response.
For years, critics have accused UNRWA of cooperating with Hamas. Those criticisms reached a fever pitch after Israel disclosed last year that UNRWA staff were involved in the October 7 Hamas attacks.
Israel also produced a dossier showing that UNRWA personnel participated directly in violent acts, including abducting a woman, distributing ammunition, and taking part in the slaughter at Kibbutz Be’eri, where 97 innocent civilians were killed.
In the wake of these disclosures, Guterres appointed a panel led by former French Foreign Minister Catherine Colonna to investigate the Israeli accusations.
That review group released its findings this past April, reporting the existence of “neutrality-related issues” within UNRWA, but also claiming that Israel had yet to furnish proof that a large portion of UNRWA’s workforce belonged to terrorist networks.
More recently, disturbing allegations surfaced when Emily Damari, a former hostage held by Hamas for 470 days, said she had been imprisoned inside an UNRWA facility.
Damari, who holds citizenship in both Britain and Israel, told British Prime Minister Keir Starmer that she was denied proper medical care during her captivity at an UNRWA school.
Tom Fletcher, the UN’s top humanitarian aid official, later pushed back against Damari’s account, insisting he has “not seen a shred of evidence” linking the UN or its employees to the detention of hostages inside Gaza.
{Matzav.com}