Israeli Attorney Alleges UNRWA Is Hamas in Oct. 7 Lawsuit

A lawsuit brought by the family of a victim of the Oct. 7, 2023, attack against the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has emerged as a focal point in the uncertainty surrounding the agency’s future in the Gaza Strip.

Nitsana Darshan-Leitner, an Israeli civil rights attorney and president of the Shurat HaDin Law Center, told News Outlet that she filed the case in the District Court of Jerusalem on behalf of the family of Yonatan Samerano. The 21-year-old was killed outside Kibbutz Be’eri after escaping the Nova music festival on Oct. 7, 2023. His remains were returned to his family after 625 days in captivity, during the final phase of hostage releases, Darshan-Leitner said.

Darshan-Leitner said terrorists shot Samerano, after which UNRWA workers allegedly collected his body, placed it in a UNRWA vehicle and took it 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.”

The family’s legal action faces a major obstacle: UNRWA’s diplomatic immunity under the U.N. Charter and the Convention on the Privileges and Immunities of the United Nations. Darshan-Leitner argued that the charter “specifically prohibits any act of violence, let alone terrorism.” Because she alleges that “UNRWA was aiding and abetting terror organizations and participating in acts of terrorism,” she said the agency should no longer be protected by the immunity granted under the treaty.

In December, Israel’s Knesset passed legislation removing UNRWA’s diplomatic immunity. The measure also permits the Israeli government to expropriate UNRWA property in East Jerusalem.

With UNRWA’s immunity challenged, the Samerano family is seeking NIS 24 million—nearly $8 million—in punitive damages under Israel’s Compensation for Victims of Terrorism Law. Darshan-Leitner said that when UNRWA’s deadline to submit its defense passed last week, the agency requested an additional 45 days.

UNRWA did not respond to requests for comment on its immunity or on the litigation filed by Samerano’s family.

Stéphane Dujarric, spokesperson for U.N. Secretary-General António Guterres, told News Outlet that Guterres has repeatedly said “the Knesset Law and its amendments are inconsistent with the status and international legal framework applicable to UNRWA.” He added that UNRWA’s immunity derives from the U.N. Charter and the Convention on the Privileges and Immunities of the United Nations, both of which “remain applicable.”

Dujarric said Guterres “has been very clear that any UNRWA personnel who has been demonstrated to have participated in the terror attack on Israel on Oct. 7 must be held accountable.” At the same time, he said, “Whenever we have been given information by the Israeli government on such individuals, we have acted.”

The debate over UNRWA’s future role in Gaza has intensified in recent months. The USAID Office of Inspector General and NGO Watch have continued to report evidence they say points to Hamas infiltration of the agency. Finland, Sweden and the United States have now completely halted funding for UNRWA.

The Board of Peace, which is responsible for Gaza’s reconstruction, has said UNRWA will not have a role in the Strip’s future.

The Associated Press reported on Sept. 25, however, that members of the Board of Peace appeared more receptive to working with the U.N. agency than previous statements suggested. The report quoted a Board of Peace official confirming that members had met with UNRWA representatives several times.

The Board of Peace responded on X that its position had not changed. “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,” it said.

A U.S. official told News Outlet that “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.” The official said Gaza has other capable service providers that, after thorough vetting and background checks, could meet the standards needed to deliver essential goods and services to Palestinians. Many, the official added, are expected to welcome the chance to work with credible nongovernmental organizations, other U.N. bodies or alongside the [National Committee for the Administration of Gaza.] After an orderly phaseout, the official said, UNRWA “will neither be essential nor necessary to accomplishing the work that lies ahead in Gaza.”

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

“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.

“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.