In reverse of longtime stance, US says UN Palestinian refugee company is not immune from lawsuits


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The Trump administration has determined that the UN company for Palestinian refugees isn’t immune from being sued, reversing the US authorities’s longstanding place that the organisation was shielded from civil legal responsibility. The Justice Division revealed its new stance in a letter it filed in federal court docket in New York on Thursday as a part of a lawsuit that goals to carry the company, generally known as UNRWA, accountable for the Oct. 7, 2023, lethal assault on Israel by Hamas. The change in place underscores the hardened perspective towards the company beneath the Trump administration following allegations by Israel that a few of the company workers was concerned within the Hamas rampage. The lawsuit, filed by households of a few of the victims of the bloodbath, alleges that UNRWA had aided Hamas by, amongst different issues, allowing weapons storage and deployment centres in its colleges and medical clinics and by using Hamas members. Legal professionals for UNRWA have known as the lawsuit “absurd” and have mentioned in court docket filings that the company was immune from legal responsibility as a “subsidiary organ” of the United Nations.

The earlier US stance protected the company

In an announcement Friday, UNRWA spokesperson Juliette Touma mentioned the Justice Division submitting reversed the US authorities’s “longstanding recognition that UNRWA is a subsidiary physique of the Basic Meeting and an integral a part of the United Nations, entitled to immunity from authorized course of.”

She mentioned the company would proceed to make its case earlier than the court docket and “will take into account whether or not some other motion is acceptable with respect to the letter.”

The Justice Division acknowledged in its 10-page letter that although its place had been that UNRWA was shielded from litigation, “the Authorities has since reevaluated that place, and now concludes UNRWA isn’t immune from this litigation.”


“The criticism on this case alleges atrocious conduct on the a part of UNRWA and its officers. After all, such allegations are solely step one on a protracted street, the place plaintiffs will likely be required to show what they’ve alleged. However UNRWA isn’t above that course of – nor are the majority of the remaining defendants,” the letter states. “The Authorities believes they need to reply these allegations in American courts. The prior Administration’s view that they don’t was mistaken.” The letter was signed by Jay Clayton, the brand new US legal professional in Manhattan, and one other lawyer within the workplace, in addition to Yaakov Roth, the appearing assistant legal professional normal answerable for the Justice Division’s civil division.

The company has assisted Palestinians for the reason that Forties

UNRWA was established by the UN Basic Meeting in 1949 to offer reduction for Palestinians who fled or had been expelled from their properties earlier than and in the course of the 1948 Arab-Israeli warfare, which adopted the institution of Israel, in addition to their descendants, till there’s a political answer to the Israeli-Palestinian battle.

The company gives help and companies – together with well being and schooling – to some 2.5 million Palestinian refugees in Gaza and the occupied West Financial institution and east Jerusalem, in addition to 3 million extra in Syria, Jordan and Lebanon. Because the Israel-Hamas warfare, it has been the principle lifeline for a inhabitants reliant on humanitarian help in Gaza.

Israel alleged that 19 out of UNRWA’s roughly 13,000 workers in Gaza took half in Hamas’ assault in southern Israel, which killed about 1,200 folks and set off the warfare in Gaza.

UNRWA mentioned it fired 9 staffers after an inside UN investigation concluded that they might have been concerned, though the proof was not authenticated or corroborated. Israel later alleged that about 100 different Palestinians in Gaza had been Hamas members, however by no means offered any proof to the United Nations.