Many humanitarian agencies have expressed concern that two measures passed in Israel on Monday banning UNRWA, the United Nations agency that helps Palestinians, from operating in the country, which could disrupt aid delivery. .
Never has aid been more urgently needed. Almost all of Gaza’s 2.2 million people have been displaced by more than a year of war and face severe, sometimes devastating malnutrition.
The law, which is expected to take full effect within 90 days, will almost certainly create new hurdles for the agency, officially known as the United Nations Relief and Works Agency for Palestine Refugees. The agency also works with Palestinians in the West Bank, East Jerusalem, Lebanon and Syria.
Legal scholars, diplomats and aid workers were assessing the impact of the new law on Tuesday. It was clear that several European governments had condemned the passage of the bill, and that the United States, UNRWA’s top funder, had a record of opposing the bill, creating new diplomatic challenges for Israel. This means that there is a possibility of it being produced.
Here we take a look at the law and what’s to come.
What does the law say?
The 120-member parliament overwhelmingly passed the two bills late Monday, the first day of the winter session.
The first effectively cancels UNRWA’s invitation to operate inside Israel, which was first extended in 1967. The bill states that Foreign Minister Israel Katz will notify the United Nations of the matter within a week of the bill’s passage. “No Israeli government agencies or representatives may have any contact with them,” the authorities said.
It also instructs the Minister of Foreign Affairs to write an order effectively exempting UNRWA from the immunities and privileges that apply to other UN agencies, including immunity from prosecution for its staff.
The second bill prohibits UNRWA from “performing any mission, providing any service, or carrying out any activity, directly or indirectly, within the sovereign territory of Israel.” The explanatory note states that Israel will cease UNRWA operations within its territory. Passage of the law ends the parliamentary process and effectively sets a 90-day period.
What is UNRWA’s mission?
UNRWA was established in 1949 to assist Palestinians who were displaced or forced from their homes during the 1948 Arab-Israeli War, when Israel declared a state. With no resolution to the territorial dispute between Israel and the Palestinians, the agency’s mandate has been repeatedly extended, most recently until June 2026.
The agency is a major employer, providing health care, food, emergency loans, housing assistance, and education to millions of Palestinians.
Why did Congress pass the law?
For decades, the agency has been a target of some Israeli politicians who argue that its work on behalf of Palestinians further perpetuates territorial disputes.
Those accusations intensified in January, when the government accused some 13,000 government workers in the Gaza Strip of taking part in the Hamas-led attack on Israel on October 7 last year that triggered the war.
One member of Congress, Dan Illouz, said it was “historic legislation” and “an important step in the global fight against terrorism.” He said UNRWA was “not the innocent humanitarian organization it pretends to be,” adding that it was “cooperating” with Hamas. This view is shared by other supporters of the bill and is widely prevalent in the country, although it is not universal. Israeli society.
The United Nations has announced that more than 230 UNRWA personnel have been killed in the Gaza Strip during the war.
Ibrahim Dalalsha, director of the Horizon Center political analysis group in Ramallah, West Bank, argued that the passage of the bill partly reflects the influence of the far-right in Israeli politics, which is hostile to the two-state solution.
How does the law apply?
At first glance, the law aims to prevent UNRWA from operating in its “sovereign territory.” For Israelis, this territory includes the area of East Jerusalem annexed by UNRWA in 1967, which many other countries do not recognize as legal. But supporters have made clear that the law is also intended to prevent UNRWA from functioning in Gaza and the Israeli-occupied West Bank.
How the law is enforced may depend on several factors. And their constitutionality could be challenged in national courts.
The law also leaves many details unresolved, including how exactly it should be enforced and what the penalties for violations will be. This creates potential scope for governments to adjust their implementation.
Eran Shamil Boller, director of the Israel Democracy Institute’s Center for Security and Democracy, said: “Although the legislative process is over, the way the law was drafted is open to interpretation, and how the government enforces the law remains. There is still room to decide.”
“Under the Israeli Constitution, whenever possible, parliamentary legislation should be interpreted in a manner consistent with Israel’s international legal obligations,” he said, adding that the text of the legislation itself is inconsistent with international law. added that there was nothing.
How does this law affect UNRWA?
UNRWA said on Tuesday that the bill “has no impact at the immediate level”, apparently referring to a 90-day grace period before most provisions come into force, and that the agency will continue its work. Then he said.
“Business as usual continues throughout the region,” agency spokeswoman Juliette Touma said. “We will not abandon those who depend on us for survival.”
Israeli Prime Minister Benjamin Netanyahu said on social media on Monday that it was essential that Gaza had access to “sustained humanitarian assistance.” He did not provide details on how that should be accomplished. But Prime Minister Benjamin Netanyahu’s office issued a statement saying the government is ready to “work with our international partners to ensure that Israel can continue to provide humanitarian assistance to civilians in the Gaza Strip in a manner that does not jeopardize Israel’s security.” He said there is.
Aid agencies have accused Israel of severely restricting aid to Gaza, a charge Israel denies. They also say that there is no immediate replacement for UNRWA’s personnel network, know-how and logistics command.
A joint statement issued by several countries on Sunday, including Japan, the UK and South Korea, said UNRWA and other UN agencies must be able to deliver humanitarian aid to people in need.
Humanitarian agencies fear the worst. Amnesty International, for example, said the bill would be disastrous and effectively a “death sentence” for Gaza’s civilians who rely on aid.
What is the diplomatic impact?
Several European governments immediately criticized the bill. British Prime Minister Keir Starmer reminded Israel of its international obligations to ensure adequate aid reaches civilians in the Gaza Strip.
Tuesday’s special session of the UN Security Council was dominated by criticism of Israel’s move, including from Israel’s allies. U.S. Ambassador to the United Nations Linda Thomas-Greenfield said she was “concerned that this law would go into effect,” adding, “At this point in time, there is no alternative to UNRWA in terms of delivering food and other life-saving aid.” There is no way.” Gaza. ”
The Biden administration has clearly opposed the bill. Earlier this month, Secretary of Defense Lloyd J. Austin III and Secretary of State Antony J. Blinken expressed deep concerns about the bill in a letter to Israeli officials and authorized the delivery of aid to Gaza. He warned that failure to do so could result in the suspension of U.S. aid. Military support. The letter called on the authorities to take all possible measures to prevent the bill from becoming law, including using the powers of the Prime Minister’s Office.
However, the law will not fully take effect until after the US presidential election and the winner’s inauguration ceremony, scheduled for January 20, 2025. It may therefore be up to the new president to decide the US position on the application of the law.
The United States has long been one of UNRWA’s largest donors. Vice President Kamala Harris, the Democratic candidate, has expressed strong support for Israel’s self-defense, but has also expressed deep concern about the suffering of civilians in Gaza. Former President Donald J. Trump, the Republican nominee, recently accused President Biden of trying to stall Mr. Netanyahu in his wars with Hamas in Gaza and Hezbollah in Lebanon.
In 2018, as president, Trump suspended all U.S. funding for UNRWA, and his Democratic successor, Biden, reinstated it in 2021.
Farnaz Fassihi contributed reporting.
