‘UNRWA is Hamas,’ Israeli attorney warns as explosive Oct 7 lawsuit rocks UN agency

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US envoy: Stop funding UNRWA, back Board of Peace for Gaza

Speaking at the U.N.July 1, Ambassador Jeff Bartos said donors could continue supporting United Nations Relief and Works Agency for Palestine Refugee or choose a framework offering Gazans “peace, prosperity and real durable change.” (Credit: UNTV)

A legal battle between the family of an Oct.7, 2023 attack victim and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has become a lightning rod for ongoing uncertainty about the agency’s future in the Gaza Strip.

�eri after fleeing the Nova music festival on Oct.7, 2023.Samerano’s body was returned to his family after 625 days in captivity, during the final stage of hostage releases, Darshan-Leitner said.

According to Darshan-Leitner, after Samerano was shot to death by terrorists, his body was picked up by UNRWA workers, placed in a UNRWA vehicle and kidnapped to Gaza.“Although the kidnapping was by UNRWA’s workers, UNRWA never revealed the place of the body, never cooperated with Israeli authorities to tell them where Yonatan Samerano was held and never admitted that it was done by its workers.And therefore we decided to sue UNRWA on behalf of the family.”

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Body of Yonatan Samerano recovered by Israel

The body of Yonatan Samerano was recovered by Israel after being taken to Gaza by terrorists, who were allegedly employees of UNRWA.(Hostages and Missing Families Forum Headquarters)

The difficulty in bringing suit against UNRWA has been the diplomatic immunity the organization enjoys by virtue of theCharter of the United Nationsand the Convention on the Privileges and Immunities of the United Nations.Darshan-Leitner said that the charter “specifically prohibits any act of violence, let alone terrorism” and that because “UNRWA was aiding and abetting terror organizations and participating in acts of terrorism, they can no longer enjoy the immunity granted by the treaty.”

The Israeli Knessetpassed legislation in Decemberstripping UNRWA of its diplomatic immunity, which allows the Israeli government to expropriate UNRWA properties within East Jerusalem.

United Nations Relief and Works Agency (UNRWA) building in Gaza, June 2023.(Ahmed Zakot/SOPA Images/LightRocket via Getty Images)

Due to UNRWA’s loss of immunity, the Samerano family is pursuing punitive damages of NIS 24 million (nearly $8 million) under Israel’s Compensation for Victims of Terrorism Law.When the deadline for UNRWA to file its defense in the case arrived last week, Darshan-Leitner said that the agency asked for a 45-day extension.

UNRWA did not respond to requests for comment about the status of its immunity, or its response to the litigation it faces on behalf of Samerano’s family.

US URGES DONORS TO ABANDON UNRWA FUNDING AS UN DEFENDS AGENCY’S MISSION

This picture taken during a media tour organized by the Israeli army on February 8, 2024, shows Israeli soldiers inside an evacuated compound of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) in Gaza City.(Jack Guez/AFP via Getty Images)

Stéphane Dujarric, spokesperson toWhile Guterres “has been very clear that anyUNRWA personnelwho has been demonstrated to have participated in the terror attack on Israel on Oct.7 must be held accountable,” he added that “Whenever we have been given information by the Israeli government on such individuals, we have acted.”

UNRWA’s role in the future of Gaza has been hotly contested in passing months.As the USAID Office of Inspector General and NGO Watch continue to turn up evidence ofHamas infiltration of UNRWA, Finland, Sweden and the U.S.have now fullystopped issuing fundsto the organization.

Hamas terrorists emerge in a show of strength escorting Red Cross vehicles carrying three Israeli hostages to be released as part of the cease-fire deal.(TPS-IL)

The Board of Peace, charged with the reconstruction of Gaza, has stated that UNRWA will have no role in the future of the Strip.

However,The Associated Press reportedon Sept.25 that the Board of Peace members “have been more open to working with the U.N.agency for Palestine than it seems.” Their article cited a Board of Peace official’s confirmation that “board members had met multiple times with UNRWA officials.”

The Board of Peaceshot back on X, saying that its “policy as it relates to UNRWA’s involvement in Gaza is unchanged.We will only work with trusted partners who will deliver for the people of Gaza and contribute to a deradicalized Strip.UNRWA fails on those litmus tests.”

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Displays featuring what organizers say are UNRWA facilities and personnel involved in terrorist activities.Displayed at the “Return to October” exhibition in Israel.

A U.S.�The evidence continues to mount that UNRWA has become a vehicle for instability, violence and radicalization, and it has no place in Gaza’s future humanitarian operations.At the same time, we are confident there are many capable and dedicated service providers in Gaza today who, following robust vetting and background checks, will meet the high standards required to deliver critical goods and services to the Palestinian people.We expect many will welcome the opportunity to continue that important work in partnership with credible NGOs, other U.N.entities or alongside the [National Committee for the Administration of Gaza.] Following an orderly wind-down, UNRWA itself will neither be essential nor necessary to accomplishing the work that lies ahead in Gaza.”

Guterres continues to stand behind the organization.Inremarks he deliveredat the Ministerial Meeting on UNRWA on Sept.24, the U.N.leader stated that “UNRWA remains a critical stabilizing presence.”

UN CHIEF BACKS OFFICIAL WHO REPOSTED ANTI-ISRAEL ACTIVIST’S CLAIMS AMID CALLS FOR INVESTIGATION

Israeli flag flutters at the memorial for those killed at the Nova music festival in Israel

Memorials at the site of the Oct.7 Hamas terror attack on the Supernova music festival near Kibbutz Re’im, Israel, on Monday, May 27, 2024.(Kobi Wolf/Bloomberg via Getty Images )

“For years now, UNRWA has been forced to operate under extraordinary pressure.I have repeatedly condemned in the strongest terms the appalling attacks by Hamas and other armed Palestinian groups against Israel on Oct.7, 2023.Since then, UNRWA’s personnel in Gaza have endured terrible loss and hardship.Nearly 400 members of its workforce have been killed.Hundreds of its premises remain inaccessible, severely damaged, or utterly destroyed,” Guterres said.

Guterres also said that “a ceaseless political campaign has tried to manipulate public perceptions, undermine UNRWA’s ability to operate, and deny the rights of Palestine refugees.” He called on U.N.Member States to “take immediate action” to politically and financially support the organization and protect its mandate.

Darshan-Leitner said that allowing UNRWA to continue operations inside Gaza would be problematic.“UNRWA indoctrinated [Palestinian refugees] and let the terror organizations infiltrate their schools and education facilities.” She added that UNRWA facilities “served Hamas as bases, as launchers, as missile storage places,” which both “risk the life of the citizens in Gaza,” and ensure that there will be collateral damage if Israel retaliates against attacks.

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“If the Board of Peace wants to re-educate the people to get rid of the terrorist system, to separate between the terrorists and the citizens of Gaza, it cannot do it when UNRWA is around because UNRWA is embedded in Hamas…UNRWA is Hamas.So letting UNRWA take care of the humanitarian needs of the population in Gaza is a fatal mistake,” Darshan-Leitner said.