In October 2024, Israel’s Knesset passed legislation banning the UNRWA from operating in Israeli-occupied territories, marking a critical shift in the history of Palestinian humanitarian aid. Eltayeb Bashar argues that the ban, set to take effect in January 2025, will hinder UNRWA’s ability to provide essential services to millions of Palestinian refugees who are facing atrocious human rights violations. This move is viewed as a violation of international law and will have a devastating impact on Palestinian lives.
In late October 2024, the Israeli Knesset enacted two bills prohibiting the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) from operating in its occupied territories. This development elicited widespread condemnation from governments, international organisations and activists, who multilaterally expressed concern regarding its implications for crucial humanitarian relief and the welfare of Palestinian refugees.
The ban, scheduled to take effect in late January, will revoke UNRWA’s diplomatic privileges and bar Israeli authorities from cooperating with the agency. The agency, which has been considered the vital response mechanism to the extreme humanitarian suffering of displaced and vulnerable Palestinian refugees since the beginning of the Israeli offensive, has been supporting and providing essential aid to millions of Palestinian refugees since 1947. Hence, its ban marks a turning point in both the current crisis and the broader history of the occupation.
UNRWA is uniquely mandated to provide humanitarian relief and to deliver
development assistance to Palestinian refugees. It was established on 8 December 1949, to assist the 700,000 displaced Palestinian refugees after the 1948 war. Currently 5.9 million Palestinian refugees across its operational zones—Jordan, Lebanon, Syria, the Gaza Strip and the West Bank, including East Jerusalem—qualify for its essential services, which encompass education, healthcare, relief and social services, camp infrastructure, microfinance and emergency assistance, including in times of armed conflict.
The agency is instrumental in advancing the protection and human rights of Palestinian refugees, functioning as their most reliable provider of life-saving aid for over nearly eight decades of brutal occupation, despite the significant risks they face in executing their responsibilities. Israel, which has a contentious history with UNRWA, claimed its employees were implicated in the 7 October 2023 attacks. They claimed that the agency had compromised its neutrality, describing it as a terrorist organisation, and using this as justification for the ban.
UNRWA Commissioner-General Philippe Lazzarini disputed this, stating, “We must distinguish the behaviour of individuals from the agency’s mandate to serve Palestinian refugees.” Lazzarini’s view has been widely echoed by the vast majority of the international community, with governments and heads of state releasing statements condemning the ban and reaffirming support for UNRWA.
In a year marked by Israel’s consistent violations of international law and human rights standards, the UNRWA ban risks becoming overlooked, an outcome that must be avoided. Its humanitarian and legal consequences are immense, as it threatens the protection of future vulnerable populations and influences the relationship of occupying powers with aid agencies. This severely undermines the credibility of the international law project, causing immeasurable harm to Palestinians. Consequently,
it is imperative for human rights advocates and scholars alike to critically address this ban and its broader implications.
The governments of Ireland, Norway, Slovenia and Spain issued a joint statement condemning the Knesset legislation, warning that it sets “a very serious precedent for the United Nations and all multilateral organizations.” Amnesty International’s Secretary General, Dr Agnès Callamard, stated that the legislation represents the “criminalisation of humanitarian aid,” emphasising UNRWA’s crucial role in providing essential support to millions of Palestinians during “Israel’s relentless offensive.” The United States notably criticised the ban, noting its impact on “millions of Palestinians” and pointing out that UNRWA’s role “cannot be filled by anyone else.”
This multilateral condemnation underscores the significant threat that the ban poses to human rights. It marks a new chapter in the suffering of millions of Palestinian refugees, currently subjected to horrific human rights violations, including daily bombardment, mass violence and starvation. The ban would deprive them of the amenities necessary for their survival and further hinder their ability to persist. If this vital lifeline is severed amidst such a catastrophe, it could have profound implications
for future vulnerable populations in conflicts, potentially reducing humanitarian aid to a luxury reliant on the occupying powers.
Discussions critiquing the ban have predominantly revolved around its humanitarian implications, with its legal consequences receiving less scrutiny. This is especially noteworthy given its substantial violation of international law. United Nations (UN) Secretary-General Antonio Guterres affirmed that the implementation of the ban would violate international law, referencing Israel’s obligations as an occupying power in a letter to Netanyahu. Guterres noted that the ban contravenes the 1946 Convention on the Privileges and Immunities of the UN, by denying UNRWA its diplomatic privileges. Guterres also referenced Article Two of the UN Charter, which requires Israel to “give the United Nations every assistance” in its operations.
The ban may also violate Article 55 of the Geneva Conventions, which necessitates occupying powers to “ensure the food and medical supplies of the population” to “the fullest extent of the means available to it.” It likely also contravenes the fourth provision of the International Court of Justice’s (ICJ) landmark provisional ruling, which outlines Israel’s obligation to provide “access to humanitarian assistance” and other necessary amenities.
Israel’s ban on the largest provider of humanitarian aid to Palestinian refugees constitutes a violation of its obligations as an occupying power and as a UN member state under international law. Such flagrant disregard of its obligations severely undermines the integrity of the international law project, setting a dangerous precedent for future occupying powers to emulate, potentially leading them to reject their own obligations in favour of strategic interests.
The UNRWA ban signifies a critical turning point in the history of the occupation. It arguably marks Israel’s formal departure from the international community and criminalises the sole humanitarian lifeline for Palestinian refugees. This ban further exacerbates their suffering by depriving them of essential services and by creating a climate of hopelessness amidst genocide. A response from the international
community, prioritising actionable measures over rhetoric, is essential to deterring its disastrous effects.
All articles posted on this blog give the views of the author(s), and not the position of the Department of Sociology, LSE Human Rights, nor of the London School of Economics and Political Science.
Image credit: Eltayeb Bashar
