Legal challenges to Israel's UNRWA ban expected as outrage grows

By outlawing the United Nations' top aid agency to Palestine, Israel has cut the "lifeline" of millions of Palestinians across the occupied territories, officials have said.

This week, Israel's Knesset passed two bills barring the UN Relief and Works Agency for Palestine Refugees (UNRWA) from conducting any operations within its deemed territories, including Palestinian lands.

The laws, which will take effect within three months, will dismantle the agency's 70-year strong extensive humanitarian support system for Palestinians.

"UNRWA is a lifeline that supports 2.5 million Palestinians across occupied Palestinian territories. Stopping its operations will deny millions of refugees their day-to-day humanitarian needs," Dr Suhad Bishara, the legal director for Adalah, an independent organisation promoting human rights in Israel, told TRT World.

But the ban on the relief agency runs deeper than suspending basic aid for people most in need. Experts suggest it extends to the very core of the Palestinian cause - the right of return.

Condemnation spreading

Since 1949, UNRWA has worked to offer food security, education and health services to Palestinians, services that should be handled by Israel as the occupying power, under international law. It runs over 384 schools, 65 clinics across the occupied West Bank, Gaza and East Jerusalem.

"Because of the dire situation in Gaza, the humanitarian crisis that's resulted from the war, UNRWA's role has been more vital than ever," Bishara said. Several international humanitarian organisations like Oxfam and Medical Aid for Palestinians (MAP) have echoed Bishara's criticism of Israel's decision.

Sally Abi Khalil, Oxfam's Regional Director, warned in a statement: "Piece by piece, Israel is systematically dismantling Gaza's autonomy and livability for Palestinians. The agency has long been a lifeline, and its shutdown will lead to more suffering and forced displacement."

Rohan Talbot of MAP echoed this sentiment in a statement sent to TRT World, saying Israel's actions represent "an all-out war on Palestinians. The continued failure by the UK government to meaningfully counteract this rank illegality and protect Palestinians from Israel's atrocities is inexcusable. This complicity must end."

Although the UK's new Labour government dropped its objection of the International Criminal Court arrest warrant issued against Netanhayu in May this year, and backed reinstating funding for UNRWA over the summer, it's still considered by many human rights activists to be "complicit" in the ongoing war.

The UK has been supplying £487 million in arms sales to Israel since 2015, and only 30 out of 350 arms export licences have been suspended. Additionally, Prime Minister Keir Starmer's government has announced developing more trade deals with the country.

International concerns

But last night Starmer joined other world leaders from Germany, Spain, and the United States in voicing "grave concerns" about the Knesset's UNRWA decision.

He warned that the legislation could imperil the entire humanitarian response in Gaza.

In a statement, Starmer said: "Only UNRWA can deliver humanitarian aid at the scale and pace needed. We pay tribute to over 200 UNRWA staff who have lost their lives in the conflict. UNRWA has a UN mandate to support Palestinian refugees. Under its international obligations, Israel must ensure sufficient aid reaches civilians in Gaza."

According to Bishara, Israel failed to discuss a replacement for UNRWA after taking Monday's decision.

"There was no alternative plan discussed - they have left a gap," she said.

Ziad Issa of Action Aid UK suggested to TRT World, more was at play with the vote taking place against a backdrop of reports suggesting plans for Israeli forces, private military companies, or other non-humanitarian actors to take over aid distribution in Gaza.

“Such proposals represent a direct assault on the independence, neutrality, and impartiality of humanitarian operations. By weaponising aid for political or military objectives, these actions fundamentally undermine the core humanitarian mission: to alleviate suffering and protect the most vulnerable.”

While in a statement released after the vote Prime Minister Benjamin Netanyahu said: Israel is "ready to work with our international partners to ensure Israel continues to facilitate humanitarian aid to civilians in Gaza in a way that does not threaten Israel's security."

What that looks like remains uncertain, but Netanyahu has previously suggested the UN's Refugee Agency, the UNHCR, absorb UNRWA's work. This benefits Israel because the UNHCR does not carry UNRWA's mandate in backing the right to return to what is now Israel and occupied Palestine.

UNRWA’s mandate allows male Palestinian refugees to transfer their refugee status from one generation to another, thus allowing the right of return for 14.3 million Palestinian refugees in the diaspora, outnumbering Israel’s population of 9.4 million - a move considered detrimental for Israel’s aggressive expansionism.

The UNRWA problem

And that's where Israel's grievance with UNRWA stems from. Recently, the country made unfounded accusations that the agency had links to Hamas and "terrorist organisations," allegations described by independent investigations as lacking "supporting evidence."

Monday's vote was seen as an opportunity for Israel to pass through laws that would implement its long-standing goal, to grow its control over occupied Palestinian territories.

Bishara told TRT World: "Several Knesset members mentioned the passing of the law as a 'historic moment for Israel', and mentioned the context of the right of return of the Palestinian refugees.

"Altering the operation of UNRWA has been a long-standing strategic goal for Israel for many years now, and I think they're using their genocidal war in Gaza and the allegations against several UNRWA staff in Gaza as a threat to do just this."

UNRWA's commisioner-general Phillipe Lazzarini has a strong message to Israel on this. In a statement, he assured ending UNRWA operations would "not strip the Palestinians from their refugee status. That status is protected by another UN General Assembly resolution until a fair and lasting solution is found to the plight of the Palestinians."

As humanitarian agencies and governments respond, the unfolding situation continues to spark concerns about both immediate aid disruptions and longer-term impacts on the lives of Palestinian refugees, underscoring the gravity of Israel's decision and the urgency for international diplomacy.

"We expect further procedures and filings will be submitted to the (International Court of Justice), because stopping UNRWA operations clearly violates international law," Bishara said.