The International Bar Association's Human Rights Institute (IBAHRI), condemns the passing of legislation in the Israeli parliament to ban the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) from operating in Israel, revoking its privileges and immunities, on the basis of its designation as a terror group. Such a manoeuvre blatantly contravenes international law and the provisional measures that the I nternational Court of Justice (ICJ) ordered Israel to take to prevent the commission of genocide, as well as international pressure to maintain UNRWA as the principal body distributing aid in Gaza. Dismantling UNRWA will paralyse the delivery of humanitarian aid in Gaza and of essential services in the West Bank. The IBAHRI is profoundly alarmed that Gaza's already dire humanitarian situation stands on the brink of an even deeper catastrophe.
The legislation, approved by Israel's parliament on 28 October 2024, is set to take effect in 90 days from its approval and will result in the closure of UNRWA's premises and operations across Gaza and the West Bank, including East Jerusalem. The ban will effectively jeopardise the agency's ability to carry out its mandate in those territories. The legislation will also block humanitarian aid routes and restrict entry permits and visas for UNRWA staff.
UNRWA was established by the UN General Assembly in 1949, in the aftermath of the creation of the State of Israel, to provide humanitarian assistance and protection to registered Palestinian refugees until a just and lasting solution to their plight is achieved.
UNRWA's role in the occupied Palestinian territories (OPT) cannot be replaced. It is the only agency equipped with the necessary infrastructure, expertise and internal systems to effectively deliver humanitarian aid and protection to Palestinians within an international law framework, ensuring global oversight and accountability.
To unilaterally dismantle UNRWA is to strike a blow against international cooperation. UNRWA's work has become even more vital following Israel's 'total siege' on Gaza in the aftermath of the 7 October 2023 massacre, which has triggered an unprecedented humanitarian crisis, leaving the population starving and desperate for food, clean water, shelter and medical care. The agency has since then been striving to provide a lifeline for much of Gaza's population, while continuing to offer critical services such as health care and education in the West Bank and Jordan, Lebanon and Syria.
The severity of Israel's violations is intensified by the fact that, over the past year, it has physically destroyed numerous UNRWA buildings and killed over 200 of its personnel. The ban on UNRWA also comes as part of a wider feud between the Israeli government and the United Nations.
In January 2024, more than a dozen states and the European Union announced the suspension of funding to UNRWA due to Israeli allegations that some staff members were involved in the attacks carried out by Hamas and other armed groups on October 7 in southern Israel. In response to these allegations, UNRWA promptly dismissed nine employees. Furthermore, an independent review commissioned by the UN (the 'Colonna report') confirmed that UNRWA's policies uphold its guiding principle of neutrality and enable for rapid and adequate responses to breaches thereof. Most countries that initially suspended their funding have since restored their financial support to UNRWA.
The foreign ministers of Australia, Canada, France, Germany, Japan, South Korea and the United Kingdom have all opposed the legislation, stating that banning UNRWA will lead to 'devastating consequences'.
In March 2024, the ICJ issued an order for additional interim measures in Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v Israel) . Recognising the continuously worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation, and Israel's obligation to prevent genocide, the Court unanimously ordered Israel to 'take all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance'.
In May 2024, the Office of the Prosecutor of the International Criminal Court (ICC) made an application for arrest warrants to be issued against Israel's Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant, grounded, among other international crimes, on the war crime of starvation as a weapon of war.
Against this backdrop, Israel's decision to ban UNRWA in Gaza and the West Bank is not only a deliberate move that risks pushing more civilians to death or starvation. It also poses a direct challenge to the integrity of the international system and rules-based order. It undermines the UN apparatus and the authority of its World Court, the ICJ, in direct contravention of its interim measures, and worsens the crimes under investigation by the Office of the Prosecutor of the ICC. It defies the principles of multilateralism and threatens to unravel the delicate fabric of global governance.
The IBAHRI calls for:
- Israel to repeal the legislation that bans UNRWA's presence and operations in the territory of Israel, and to reinstate the relevant privileges and immunities to UNRWA and its officials, in accordance with Israel's obligations under the Charter of the United Nations and the General Convention on the Privileges and Immunities of the United Nations ;
- an immediate ceasefire and the unconditional immediate release of hostages held by Hamas and Palestinians unlawfully detained by Israel;
- all parties, including women, to sit at the negotiating table to reach a political solution that recognises the legitimacy and ensures the security of both Israel and Palestine as states;
- the international community to immediately cut the supply of arms to all parties, increase humanitarian funding for aid in Palestine and Lebanon, pressure all parties involved to de-escalate the conflict and publicly condemn Israel's contempt for the operations of the UN; and
- the international community to ensure full protection of civilians in the occupied Palestinian territory, especially women, children, persons with disabilities and older persons, by establishing a protective presence and ensuring safe and full access for independent experts and mechanisms charged with monitoring and investigating human rights violations and international crimes in the OPT.
Anne Ramberg Dr Jur hc, Co-Chair of the IBAHRI
Mark Stephens CBE, Co-Chair of the IBAHRI
Baroness Helena Kennedy LT KC, Director of the IBAHRI
