Israel Must Step in If It Bans the UN Agency That Is a Lifeline for Gaza, UN Says

The United Nations stressed Tuesday that if Israel puts in place new laws cutting ties with the UN agency for Palestinian refugees, the Israeli government will have to meet their needs under international law.

Secretary-General Antonio Guterres said in a letter obtained by The Associated Press that there is no other alternative to the agency, known as UNRWA. It has been a lifeline during the Israel-Hamas war in Gaza, and the Israeli legislation “will have devastating consequences for Palestinian refugees” in Gaza, the West Bank and East Jerusalem, he said.

The UN agencies for children, health and migration also stressed that UNRWA is the “backbone” of the world body’s operations in Gaza, where people have relied on its emergency food aid and health centers during the more than yearlong war, which has killed tens of thousands and left much of the enclave in ruins.

The United Nations is heartened by statements of support for UNRWA from all quarters and countries, UN spokesman Stephane Dujarric said, and “we would very much appreciate efforts by any member state to help us get over this hurdle.”

Israel has alleged that some of UNRWA’s 13,000 staffers in Gaza participated in the Oct. 7, 2023, attacks by Hamas that sparked the war. It's also accused hundreds of UNRWA staff of having militant ties and said it has found Hamas military assets in or under the agency’s facilities.

Israel's new laws

Two laws passed Monday could prevent UNRWA from continuing its work. Even the US, Israel's closest ally, joined many governments and humanitarian organizations in opposing the legislation, which doesn’t take effect for three months.

Guterres sent the letter Tuesday to Israeli Prime Minister Benjamin Netanyahu outlining his concerns.

As an occupying power, under international humanitarian law, Israel is required to ensure the needs of the Palestinians are met, including for food, health care and education, Guterres said. And if Israel isn’t in a position to meet those needs, it has an obligation to allow and facilitate the activities of the UN, and “UNRWA is the principal means by which assistance is supplied to Palestinian refugees,” he said.

If UNRWA's activities are restricted or halted, the secretary-general said, Israel would have to fill the vacuum “to ensure the needs of the population are met.”

“Otherwise, it would be in violation of international law,” said Dujarric, the UN spokesman.

Israel’s UN Ambassador Danny Danon responded to the letter by saying, “Rather than condemning UNRWA for turning a blind eye to terrorism and in some cases participating in terrorism, the UN instead condemns Israel.”

He claimed in a statement that UNRWA isn’t interested in providing humanitarian aid to Gaza, calling it “nothing but an arm of Hamas operating under the guise of the United Nations.”

“Israel will continue to facilitate humanitarian aid in Gaza according to international law,” Danon said, “but UNRWA has failed in its mandate and is no longer the right agency for this job.”

Dismay from UN agencies

World Health Organization spokesman Tarik Jasarevic said UNRWA health workers have provided over 6 million medical consultations over the past year. They also offered immunizations, disease surveillance and screening for malnutrition, and UNRWA’s work “couldn’t be matched by any agency — including WHO,” he said.

Jeremy Laurence, spokesman for the UN human rights office, said that “without UNRWA, the delivery of food, shelter, health care, education, amongst other things, to most of Gaza’s population would grind to a halt.”

UNRWA was established by the UN General Assembly in 1949 to provide relief for Palestinians who fled or were expelled from their homes before and during the 1948 Arab-Israeli war that followed Israel’s establishment, as well as their descendants.

Israel faces criticism

Timed to the Israeli laws, Norway announced Tuesday that it will ask the 193-nation General Assembly to request a ruling from the top United Nations court about whether Israel is obligated to facilitate the delivery of humanitarian aid to Palestinians by international organizations, including the UN.

The International Court of Justice in July condemned Israel’s rule over the Palestinian territories, declaring its occupation unlawful. The nonbinding opinion called on Israel to end its occupation and immediately halt settlement construction.

Norway’s foreign minister, Espen Barth Eide, told the AP that Israel's policy is making it increasingly difficult for Palestinians to access life-saving assistance. He said Norway will argue that even if Israel's occupation is illegal, it has obligations, "and we believe that these are not met.”

Guterres told Netanyahu that while the Israeli laws prohibit any activity by UNRWA “within the sovereign territory of the State of Israel,” the UN considers Gaza, the West Bank and East Jerusalem part of the occupied Palestinian territory and Israel has no sovereignty because of its occupation.

Meanwhile, at the UN’s regular Security Council meeting on the Middle East — this month open to all UN members — speakers supported UNRWA and virtually all called for immediate ceasefires in Gaza and Lebanon.

US Ambassador Linda Thomas-Greenfield expressed deep concern at the Israeli legislation, saying, “right now there is no alternative to UNRWA when it comes to delivering food and other life-saving aid in Gaza.”

She also called on Guterres “to create a mechanism to review and address allegations that UNRWA personnel have ties to Hamas and other terrorist groups.”

Dujarric, the UN spokesman, said its internal watchdog is working on that. He said a letter from the Israeli government last week raising specific undisclosed issues is also being looked at “extremely seriously.”

US State Department spokesman Matthew Miller went further, warning that the Israeli legislation “poses risks for millions of Palestinians who rely on UNRWA for essential services.”

Miller reiterated that the US opposes the legislation and will be discussing it with Israel in the days ahead. He says there may be consequences under US law and policy if it takes effect, referencing a letter that Secretary of State Antony Blinken and Defense Secretary Lloyd Austin sent to their Israeli counterparts saying humanitarian aid must increase or the country risks losing military assistance.

US State Department officials have identified nearly 500 potential incidents of civilian harm during Israel's military operations in Gaza involving US-furnished weapons, but have not taken further action on any of them, three sources, including a US official familiar with the matter, said this week.

The incidents - some of which might have violated international humanitarian law, according to the sources - have been recorded since Oct. 7, 2023, when the Gaza war started. They are being collected by the State Department's Civilian Harm Incident Response Guidance, a formal mechanism for tracking and assessing any reported misuse of US-origin weapons.

State Department officials gathered the incidents from public and non-public sources, including media reporting, civil society groups and foreign government contacts.

The mechanism, which was established in August 2023 to be applied to all countries that receive US arms, has three stages: incident analysis, policy impact assessment, and coordinated department action, according to a December internal State Department cable reviewed by Reuters.

None of the Gaza cases had yet reached the third stage of action, said a former US official familiar with the matter. Options, the former official said, could range from working with Israel's government to help mitigate harm, to suspending existing arms export licenses or withholding future approvals.

The Washington Post first reported the nearly 500 incidents on Wednesday.

The Biden administration has said it is reasonable to assess that Israel has breached international law in the conflict, but assessing individual incidents was "very difficult work," State Department spokesperson Matthew Miller told reporters on Wednesday.

"We are conducting those investigations, and we are conducting them thoroughly, and we are conducting them aggressively, but we want to get to the right answer, and it's important that we not jump to a pre-ordained result, and that we not skip any of the work," Miller said, adding that Washington consistently raises concerns over civilian harm with Israel.

The administration of President Joe Biden has long said it is yet to definitively assess an incident in which Israel has violated international humanitarian law during its operation in Gaza.

John Ramming Chappell, advocacy and legal adviser at the Center for Civilians in Conflict, said the Biden administration "has consistently deferred to Israeli authorities and declined to do its own investigations."

"The US government hasn't done nearly enough to investigate how the Israeli military uses weapons made in the United States and paid for by US taxpayers," he said.

The civilian harm process does not only look at potential violations of international law but at any incident where civilians are killed or injured and where US arms are implicated, and looks at whether this could have been avoided or reduced, said one US official, who spoke on condition of anonymity.

A review of an incident can lead to a recommendation that a unit needs more training or different equipment, as well as more severe consequences, the official said.

Israel's military conduct has come under increasing scrutiny as its forces have killed more than 43,000 Palestinians in Gaza, according to the enclave's health authorities.

The latest episode of bloodshed in the decades-old Israeli-Palestinian conflict was triggered on Oct. 7, 2023, when Palestinian Hamas fighters attacked southern Israel, killing 1,200 people and abducting 250 others, according to Israeli tallies.

Israel Must Step in If It Bans the UN Agency That Is a Lifeline for Gaza, UN Says