Israel's Ban on UNRWA: Implications for Gaza and Palestinian Refugees

On November 1, 2024, Israel's parliament passed two controversial bills aimed at severely restricting or outright banning the operations of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) in the occupied Palestinian territories. This move has sparked widespread concern about the humanitarian implications for Palestinians, particularly in Gaza, as well as broader questions about Palestinian refugee rights and regional stability.

Understanding the New Laws

The two bills passed by the Israeli Knesset target UNRWA's ability to operate in different parts of the occupied Palestinian territories:

1. The first bill explicitly bans UNRWA's work in East Jerusalem, as defined by Israel. It gives a three-month period for implementing this ban, after which any UNRWA activity, presence, or service in East Jerusalem will be forbidden.

2. The second bill seeks to severely curtail UNRWA's work in the West Bank and Gaza Strip. Key provisions include:

   • Abrogation of the 1967 Comay-Michelmore Agreement between UNRWA and Israel, which facilitated UNRWA's operations.
   • Establishment of a "no contact" policy prohibiting Israeli state bodies from interacting with UNRWA or its representatives.
   • Removal of legal obstacles to prosecuting UNRWA staff under Israeli counterterrorism legislation.

These bills are unprecedented in their scope and intent, designed to effectively end UNRWA's operations across the occupied Palestinian territories.

Immediate Humanitarian Impact

If implemented, these laws would have devastating consequences for Palestinians relying on UNRWA services:

• In Gaza, UNRWA is the backbone of humanitarian response, providing life-saving assistance to over 2.3 million Palestinians. The agency's operations would likely cease entirely.
• In the West Bank, over 800,000 registered refugees would lose access to essential services.
• UNRWA runs 96 schools with 47,000 students in the West Bank.
• The agency operates 43 health centers serving over 500,000 patients.
• Over 200,000 Palestine refugees receive social protection and poverty reduction services from UNRWA.

The laws would make it impossible for UNRWA to coordinate humanitarian aid, continue service delivery, or maintain its logistics operations. This would likely lead to the collapse of the broader UN humanitarian response in Gaza.

Long-Term Implications for Palestinian Refugees

Beyond the immediate humanitarian crisis, the attack on UNRWA has deeper implications for Palestinian refugees and their rights:

• UNRWA symbolizes the international community's commitment to Palestinian refugees until a just solution is found.
• The agency's existence is tied to UN General Assembly Resolution 194, which affirms Palestinian refugees' right of return.
• Undermining UNRWA is seen as an attempt to erase the refugee issue and the right of return from political discourse.

However, experts argue that dismantling UNRWA will not make Palestinians forget their refugee status or claims. The refugee issue remains central to Palestinian identity and is a core final status issue in peace negotiations.

International Law and UN Obligations

The new Israeli laws raise serious questions about compliance with international law:

• They likely contravene Israel's obligations under international humanitarian law, the UN Charter, and the Convention on Privileges and Immunities.
• As an occupying power, Israel has no legal authority to ban a UN agency from operating in occupied territories.
• The laws violate the International Court of Justice's January 2024 order for Israel to enable urgent humanitarian assistance in Gaza.

The move is unprecedented in targeting a UN agency's existence and functions so directly. It challenges the ability of the UN to operate humanitarian missions globally.

US Policy and International Response

The United States, historically UNRWA's largest donor, has played a complex role:

• Under the Trump administration, the US drastically cut funding to UNRWA in 2018.
• The Biden administration initially restored some funding but suspended it again in January 2024 following Israeli allegations against UNRWA staff.
• The US Congress has blocked funding to UNRWA until at least March 2025.

However, the Biden administration has expressed "deep concern" over Israel's move to ban UNRWA, recognizing the agency's vital role in Gaza. This highlights the contradictions in US policy, simultaneously defunding UNRWA while acknowledging its irreplaceable function.

The broader international community, including Arab states and European countries, has largely condemned Israel's actions. However, concrete responses to prevent the implementation of these laws remain unclear.

UNRWA's Response and Challenges

UNRWA has faced repeated allegations from Israel about staff involvement with Hamas or other neutrality violations. The agency has responded by:

• Immediately separating staff accused of involvement in the October 7, 2023 attacks.
• Calling for independent investigations into allegations.
• Implementing recommendations from an independent review of its neutrality safeguards.
• Repeatedly requesting more information from Israeli authorities to address claims.

However, UNRWA faces significant challenges in verifying allegations, particularly in Gaza where it lacks access to many destroyed facilities.

The Broader Context: Normalization and Regional Stability

The attack on UNRWA comes within a broader geopolitical context:

• It aligns with efforts to normalize relations between Israel and Arab states, potentially at the expense of Palestinian rights.
• The laws threaten to destabilize the West Bank and neighboring countries by removing a key source of services and employment.
• They raise questions about the viability of the two-state solution and the future of the peace process.

Conclusion

Israel's move to ban UNRWA operations represents a critical juncture for Palestinian refugees, regional humanitarian response, and the broader Israeli-Palestinian conflict. While ostensibly targeting a UN agency, the laws strike at core issues of Palestinian rights and identity.

The international community faces a significant challenge in responding to this unprecedented attack on a UN humanitarian mission. The coming months will be crucial in determining whether these laws are implemented and how the humanitarian needs of millions of Palestinians will be met if UNRWA's operations cease.

Ultimately, the ban on UNRWA underscores the urgent need for a comprehensive political solution to the Israeli-Palestinian conflict that addresses the rights and needs of Palestinian refugees. Without such a solution, the humanitarian crisis is likely to deepen, with far-reaching consequences for regional stability and international law.

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