Could Israel’s UNRWA ban lead to its suspension from the UN?
Aid arrives at UNRWA facility in Jabalia, northern Gaza, 17 March 2024
Sondos Asem reports in Middle East Eye on 29 October 2024:
New Israeli laws banning the United Nations agency for Palestinian refugees, UNRWA, have sparked accusations Israel has violated the founding UN charter, raising speculation about whether this may warrant its suspension from the General Assembly.
UNRWA is the primary source of humanitarian support for an estimated 5.9 million Palestinian refugees in occupied Palestine and neighbouring countries hosting Palestinian refugees.
This includes the provision of basic services like education, food, medical care, and the distribution of fuel. Its closure may inevitably lead to the collapse of the primary lifeline for Palestinians.
On Monday, Israel’s parliament, the Knesset, passed two laws banning UNRWA from operating inside Israel and occupied Palestine. Despite pressure from Israeli allies on MPs not to approve the ban, 92 members of the 120-seat Knesset voted in favour.
This came shortly after Israeli authorities confiscated the land in occupied East Jerusalem where UNRWA headquarters is located. Israel plans to build 1,440 settlement units, which are illegal under international law, on the site.
The laws effectively ban UNRWA from operating inside Israel, Gaza, the occupied West Bank and East Jerusalem. The ban would amount to a revocation of privileges and immunities enjoyed by UN organisations under the UN Charter. It is due to come into effect within 90 days of the vote.
The first law says that UNRWA is not allowed to “operate any institution, provide any service, or conduct any activity, whether directly or indirectly”, in Israel. The second law prohibits Israeli government officials and agencies from contact with UNRWA.
This will inevitably affect the privileges and immunities to which Unrwa is entitled under international law. The foreign ministers of Canada, Australia, France, Germany, Japan, Republic of Korea and the UK on Monday suggested that the laws may undermine such protected status.
The protection is enshrined in the UN Charter and the General Convention on the Privileges and Immunities of the United Nations.
“The Organisation shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfilment of its purposes,” the charter states
Eirik Bjorge, professor of law at the University of Bristol, said the new Israeli laws are a clear breach of this part of the UN Charter as well as the convention, which stipulates that United Nations property and assets are inviolable.
According to the convention, “wherever located and by whomsoever held”, UN assets and property “shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action”.
According to Bjorge, the inviolability of UN premises is absolute under international law. No security or military arguments may justify a breach of that status, he said.
“When the charter provision in question was being drafted, it was stated that if there was one certain principle, it was that no member state could hinder in any way the working of the UN or take any measures the effect of which would be to increase its burdens, financial or other,” Bjorge told Middle East Eye. “This is exactly what Israel’s legislation seeks to do and does.”