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PALESTINE

Tue 29 Apr 2025 8:58 am - Jerusalem Time

Lifting UNRWA's immunity opens the door to piracy and distraction from its mission.

Sami Mshasha: The US Department of Justice's memorandum submitted to the court is a dangerous development in the gradual and escalating process of ending UNRWA's work and stripping it of its immunity.

Jawdat Manna: Trump's policies and actions against UNRWA go beyond the legal dimension of suing it.

The international system protects it

Nidal Al-Azza: Lifting immunity is consistent with the campaign to demonize and distort UNRWA, with the aim of pushing countries and individuals to stop funding it.

Dr. Riad Al-Aila: This decision represents a systematic attack on UNRWA, not just as a humanitarian institution, but as a legal symbol and reference for the refugee issue.

Dr. Adnan Al-Afandy: Lifting UNRWA's immunity will encourage Zionist organizations to file lawsuits against UNRWA, alleging its support for the resistance.

Osama Al-Sharif: Trump's decision is an important part of Netanyahu's plan and his efforts to implement what he promised long ago: annexation and the end of the two-state solution.


The US decision to strip the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) of its immunity will open the door to lawsuits filed by Zionist organizations or families of Israeli casualties seeking compensation, alleging involvement of UNRWA employees in the October 7, 2023, attack. A UN committee investigating these allegations later denied the allegations.

Drowning UNRWA in such cases means draining what remains of its "poor" budget after several countries, most notably the United States, have halted their funding. This further demonizes the international organization and prevents it from carrying out the tasks for which it was established, which is to support the masses of Palestinian refugees. This is reminiscent of what the occupying state is doing with the Palestinian Authority's clearing funds, which it has provided no justification for piracy, including compensation awarded by the occupation courts to the families of Israelis killed in Palestinian attacks.

Writers, analysts, and observers who spoke to Al-Quds believe that lifting UNRWA's immunity is consistent with the campaign to demonize and distort UNRWA, aimed at pushing countries and individuals to halt its funding. They assert that this measure will encourage Zionist organizations to file lawsuits against UNRWA, alleging its support for the resistance.

They said the decision represents a systematic attack on UNRWA, not just as a humanitarian institution, but as a legal symbol and reference for the refugee issue. They noted that Trump's decision is an important part of Netanyahu's plan and his efforts to implement his long-promised annexation and end the two-state solution.



Stripping UNRWA of its diplomatic immunity


UNRWA expert Sami Mshasha said that the lawsuits filed by the families of the Israelis who held American citizenship and were killed in the October 7 attack, accusing UNRWA of providing cover for its employees who participated in the October 7 attack, and that UNRWA is a front for money laundering for groups hostile to the occupying state, and the Trump administration's support for such an allegation, are a dramatic development in the massive effort to eliminate UNRWA and its mandate, and to circumvent the rights of Palestinian refugees and their right of return.

He added: "It is important to clarify the false information being circulated in Palestine, that the Federal Criminal Court in New York was the one that decided that UNRWA does not enjoy diplomatic immunity, and that it is not protected from lawsuits filed against it by parties and individuals on the pretext that some of its employees were involved in "terrorist" operations, and that the agency participated in money laundering worth a billion dollars to finance "terrorist" organizations at the expense of providing these funds to provide humanitarian aid to those in need in the Gaza Strip.

Mish'sha' explained that the correct position (and the most serious one) is that this is the position of the US Department of Justice itself, which submitted a memorandum to the Federal Court containing these serious accusations, requesting that the court rule on them and decide in favor of the position of the government and the Department of Justice.


Violation of international law and the United Nations Charter


He described the US Department of Justice's memorandum submitted to the court as a dangerous development in the gradual and escalating process of ending UNRWA's operations, which aims to strip UNRWA of its immunity and separate it from its parent institution, an agency established by a UN resolution and a vote of member states in the General Assembly.

He said: This memorandum confirms the US administration's efforts and intention to violate international law and the UN Charter regarding the immunities, privileges, and protection of international organizations and the immunities of the United Nations itself.

Mshasha believes that the memorandum to lift UNRWA's immunity and not consider it part of the United Nations, as a prelude to filing defamation lawsuits against it to weaken state support for the agency and starve it financially, is a purely political effort with flimsy legal packaging.

He pointed out that these dangerous attempts intersect with Israel's successful plans to dismantle UNRWA, which have so far succeeded in banning UNRWA's work and activities in occupied East Jerusalem and undermining and restricting its work and mandate in its areas of operation in the occupied Palestinian territories. This has severely impacted, and will continue to impact, UNRWA's educational, health, and relief services to millions of refugees.


Guterres' weakness in the face of the attack on UNRWA


Mshasha stated that the investigation committee, known as the "External Review Group," formed by UN Secretary-General António Guterres on February 5, 2024, and chaired by former French Foreign Minister Catherine Colonna, to assess UNRWA's neutrality and respond to Israeli accusations targeting a number of its employees, accusing them of participating in the events of October 7, 2023, proved the Israeli allegations to be false. This conclusion was based on an in-depth review and a conclusion rejected by the occupying state and the current Trump administration, which continued to direct the same malicious accusations against UNRWA and its employees, exploiting these accusations politically to eliminate the right of return and the political and humanitarian demands of Palestinian refugees.

He explained that the official response of the United Nations, rejecting the memorandum and affirming that UNRWA is an affiliated institution and enjoys protection under the 1949 Convention on the Privileges and Immunities of the United Nations, was a good initial response. However, the accumulated weakness shown by the Secretary-General and the United Nations in the face of the coordinated attack on UNRWA, its presence, services, and role in Gaza, the West Bank, and Jerusalem, and the absence of any practical plans to confront it (and sometimes to adapt to the attack and attempt to manage the crisis), led to the accumulation of Israeli successes directed against UNRWA.

Mshasha expressed his fear that this weakness would contribute to the Federal Court accepting the Justice Department's argument and ruling that the agency does not enjoy immunity and may be sued.


Formation of the "UNRWA Strategic Assessment" team


The UN Secretary-General's decision a few days ago to form a "UNRWA Strategic Assessment Team" to review "UNRWA's impact and the implementation of its mandate under political, financial, security, and other constraints," and to task the team with identifying "options for action... and reviewing the overall mandates of the United Nations," is seen as part of the UN organization's weakness and adaptation to the onslaught against UNRWA. And herein lies the danger.

He said: UNRWA is perhaps the UN organization most frequently subjected to investigation committees, follow-up teams, and study teams, primarily as an expression of Israeli fear of its existence and what it represents, and as confirmation of attempts to curb, weaken, and even eliminate it.

Mshasha concluded his statement by emphasizing that the absence of any official or popular Palestinian effort, plan, or program to protect UNRWA and refugee rights from being lost, and the mere passive diagnosis and monitoring of successive developments, condemnation, and expression of concern, will exacerbate UNRWA's existential crisis, facilitate its elimination, and drive a fatal additional nail into the coffin of the right of return.


Trump joins Israel in starving Palestinians


For his part, Jawdat Manna, a member of the Palestinian Camps Defense Council in the 1980s, said: “Once again, US President Donald Trump is making a fatal mistake by lifting UNRWA’s immunity for several reasons, most notably that by this decision he is rewarding Israel for its occupation of the Palestinian people’s homeland, a position that no US president or any world leader has taken before him.”

He emphasized that Trump's decision aims to undermine the allocations and aid UNRWA receives from countries other than the United States, thereby deliberately complicity in Israel's starvation of the Palestinian people.

Manaa pointed out that Trump's policies and actions against UNRWA go beyond the legal dimension of suing it, as they cast doubt on its credibility regarding the information on the rights of the Palestinian people documented in its records.

He added that allowing UNRWA to be sued would affect tens of thousands of its Palestinian employees, because the ultimate goal of Trump's campaign against UNRWA is to end its role at the United Nations, despite the fact that its establishment was based on a UN resolution, and no country has the right to take a unilateral decision to undermine or eliminate its role in the UN system.

In this context, Manaa noted an overlap between the Israeli occupation army's campaign against Palestinian camps and this resolution. Israel continues its destruction of infrastructure in Palestinian camps in the West Bank after having completed the demolition of all buildings and services in the Gaza Strip camps. This explains the United States' silence regarding Israel's military operations in refugee camps, which were destroyed by American bombs and weapons.


Trump's decisions affect the rights of millions of refugees.


Manaa believes that protecting UNRWA is an international responsibility, and that the international community must protect it from the bullying of President Trump, who treats it as if it were an American institution, far removed from its international status, in response to Israeli incitement within the context of a joint Israeli-American strategy formulated during the war it is waging. This strategy cannot be separated from other Israeli war objectives, even if it is an undeclared objective.

He said that President Trump must reverse his decision to lift UNRWA's immunity and cease any further harm to it, as his decisions violate the rights of millions of Palestinian refugees, placing it within the package of past and future immoral American policies toward the entire Palestinian issue.

He added: "President Trump must also review the files of Israeli policy in the 1980s, which failed, through its barbaric practices against the camps, to close their entrances and place gates and military guards in and around them, including surrounding them with walls to prevent freedom of movement within and out of the camps. This policy was established by former Defense Minister Moshe Arens and was first implemented in the Deheishe refugee camp in the West Bank and the Jabalia refugee camp in the Gaza Strip."



UN report refutes Israeli allegations


Nidal al-Azzeh, director of the Badil Resource Center for Palestinian Citizenship and Refugee Rights, said that while the United States has a duty under international law to provide all necessary facilities to international bodies to enable them to carry out their duties, the decision to lift UNRWA's immunity for the purpose of prosecution is an explicit endorsement of Israeli claims that UNRWA is a terrorist organization.

He stressed that these allegations were refuted in the report of the United Nations Committee on UNRWA's neutrality (the Colonna Report), as the Israeli colonial and apartheid regime did not provide evidence for its allegations.

Al-Azzeh believes that the decision to lift immunity enables Zionist colonists to sue UNRWA in US federal courts, while preventing the prosecution of US officials involved in the genocidal war against the Palestinian people in the Gaza Strip on the grounds that the US administration's foreign policies fall outside the jurisdiction of the courts.

He said that this does not reflect double standards, but rather constitutes clear complicity in the war of extermination against the Palestinian people, a war waged through killing, bombing, starvation, thirst, disease, widespread destruction, and forced displacement.


Resolving the conflict in favor of the colonial project


He added: "This decision, which comes after the suspension of funding for UNRWA and the endorsement of Israeli laws banning UNRWA's existence and operations, reflects more than just a desire to fine UNRWA or halt aid. It is an endorsement of a plan to eliminate UNRWA, the Palestinian refugee issue, and their rights as part of a strategy to resolve the conflict in favor of the colonial project in Palestine—all of Palestine."

Al-Azzeh explained that, in practical terms, this decision distracts UNRWA from focusing on its own defense rather than on bridging the enormous budget gaps and providing services. He noted that the decision is consistent with the campaign to demonize and distort UNRWA, aimed at pushing countries and individuals to halt its funding.

He said, "This decision reflects the international community's impotence in the face of American and Israeli arrogance." Al-Azzeh explained that the decision not only violates the Convention on the Privileges and Immunities of International Bodies, but also goes further by imposing the will of the two states on all other countries and the international community.

Al-Azza believes that such a policy cannot be resisted simply by turning a blind eye or condemning it, but rather requires practical measures, the least of which is suspending the Israeli colonial regime's membership in the United Nations and imposing political and economic sanctions on it.


Systematic legal and financial assassination of UNRWA


For his part, Dr. Riyad al-Aila, a professor of political science at Al-Azhar University, considered the Trump administration's decision to lift UNRWA's immunity a direct targeting of the Palestinian refugee issue.

He said: "In a move with serious political dimensions and strategic repercussions, the administration of US President Donald Trump has lifted the legal and political immunity of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA)." He emphasized that this decision represents a systematic attack on UNRWA, not just as a humanitarian institution, but as a legal symbol and reference for the refugee issue and the right of return, which is guaranteed by United Nations resolutions.

He added that lifting immunity effectively means that the US administration no longer recognizes UNRWA's special status as an independent UN agency. Rather, it considers it an obstacle to its project to liquidate the Palestinian refugee issue, in line with the "Deal of the Century" that Trump adopted during his previous term, and which he is now continuing to implement through a systematic legal and financial assassination of UNRWA.

He continued: "His decision exceeds its legal limits and aims to deliberately conflate humanitarian action with politics, making international institutions vulnerable to targeting based on political positions. It also reinforces the policy of strangling UNRWA by depriving it of immunity and opening it up to a barrage of trumped-up lawsuits under flimsy pretexts such as supporting terrorism or corruption."


US support for UNRWA stopped in 2018


Al-Aila believes the decision is a continuation of the financial blow Washington dealt in 2018 by halting its financial support to UNRWA, which represented approximately 30% of its budget. This move was intended to dry up its resources and cripple its ability to provide essential services to Palestinian refugees in the diaspora, including education, health, and food. This move also entails imposing forced settlement solutions and revoking the refugee status of millions of Palestinians.

Al-Aila concluded by saying, "Lifting UNRWA's immunity is not merely an administrative decision, but rather part of a comprehensive political project to reframe the Palestinian issue and transform the refugee issue from a national political issue into a mere humanitarian crisis. This is a step aimed at removing the right of return from the negotiating table and imposing new facts that serve the Israeli plan to liquidate the Palestinian cause."



Clear support for Zionist institutions


For his part, Dr. Adnan Al-Afandy, an expert on Israeli affairs, asserted that the goal of Trump's decision to lift UNRWA's immunity is to liquidate the Palestinian refugee issue and support the Zionist entity, which enacted a law to prevent UNRWA from operating in the West Bank and occupied Jerusalem. This decision was contained in a legal document submitted by the US Department of Justice to the Federal Court in New York last Thursday.

Al-Afandy believes that this decision is a clear support for Zionist institutions, especially a Zionist organization called “Short Hedin,” which files lawsuits against Palestinians in order to obtain financial compensation and to fight the Palestinians through money. This organization also makes legal efforts to achieve this in the occupying state and throughout the world.

He added: These Zionist institutions may exploit this loophole (lifting UNRWA's immunity) to file a lawsuit against UNRWA to obtain financial compensation from it, especially since the newspaper "Israel Hayom" reported that an American court is considering a serious case against UNRWA, accusing it of covering up for employees who participated in the October 7 attack, and demanding exorbitant financial compensation. This court also accuses UNRWA officials of money laundering worth one billion dollars for the benefit of Hamas.

Al-Afandy pointed out that UNRWA operates in many conflict zones around the world and enjoys immunity because it is part of the United Nations, which provides immunity to its employees worldwide. If immunity is lifted, this will pose a threat to UNRWA employees and will also deprive this institution (UNRWA) of part of its rights, which have been recognized by international bodies, especially the United Nations, and supported by all countries of the world.


Preventing UNRWA from operating in Jerusalem


He noted that UNRWA has been facing difficult operating conditions for more than eighteen months, and that attempts are being made to restrict its work due to Zionist law and harassment by the occupation to prevent it from continuing its work, especially in occupied Jerusalem.

He referred to a clear statement by UNRWA's Acting Public Information Officer, Abeer Ismail, who said that UNRWA is an institution affiliated with the United Nations General Assembly and enjoys international immunity. The Trump administration's decision aims to pressure UNRWA, liquidate the refugee issue as a whole, and support Zionist organizations that may file lawsuits against UNRWA, not only in the United States but also around the world. This will disrupt UNRWA's work and its staff. She said that this decision is being studied by UNRWA's legal advisor and legal unit in response to the US Department of Justice.

Al-Afandy believes that if UNRWA's immunity is lifted, it will encourage Zionist organizations to file lawsuits against UNRWA under the pretext of its support for the resistance in Palestine. This will further threaten its existence, especially since UNRWA has been suffering from a financial crisis for years due to the cessation of support from the United States and some other countries, as well as American incitement against other countries not to support UNRWA. This will lead to a significant deterioration in the lives of many Palestinians who receive support from UNRWA, particularly in the areas of health and education.


An Israeli agenda par excellence


Jordanian journalist and Palestinian affairs expert Osama Al-Sharif believes that the Trump administration is implementing an Israeli agenda par excellence, and this is no longer a secret.

He said: Let's look at who Trump chose to be his ambassador to Israel, and who he nominated to be the US ambassador to the United Nations before her name was withdrawn for internal reasons related to the Republican Party's majority in the House of Representatives. Let's look at Trump's position on the massacre taking place in Gaza before the world sees it.

Al-Sharif emphasized that banning UNRWA and abolishing its role is a crucial chapter in the plan to liquidate the Palestinian cause, beginning with the destruction of the camps in the West Bank after wiping them out of existence in Gaza, and ending with the announcement of the final annexation, which is inevitable. He noted that the refugee issue has been resolved or is on its way to being neutralized.

He described Trump's decision as an important part of Netanyahu's plan and his efforts to implement what he has long promised: annexation, ending the two-state solution, and transforming the issue into one of people without land and without rights.

He said that Trump's rise to power, with significant support from Zionist money in America, is a bad omen because he doesn't care about the repercussions of banning UNRWA and halting financial aid to the Palestinian Authority, even if it collapses completely. He will recognize the annexation of the West Bank and will not care about the repercussions.

He added: "The rise of Zionist evangelicals in America and their presence today in Israel through Hagabi, the US ambassador to the entity, who explicitly stated that there is no West Bank and no occupation, but rather the Land of Israel."

Al-Sharif concluded by saying: “We are facing an unprecedented existential challenge, and we do not know where things will end.”

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Lifting UNRWA's immunity opens the door to piracy and distraction from its mission.

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