DOJ revokes UNRWA immunity, Clearing way for $1B Hamas lawsuit

In a major policy shift, the U.S. Department of Justice (DOJ) has declared that the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is not entitled to immunity from lawsuits in American courts. This development paves the way for a $1 billion lawsuit filed by families of over 100 victims of the October 7, 2023 Hamas-led attack, accusing UNRWA of complicity in the massacre.

The lawsuit, filed in the Southern District of New York this past June, claims that UNRWA aided Hamas by allowing its facilities to be used for weapons storage, tunnel operations, and command centers, and by channeling funds to the terror group through salaries paid in U.S. dollars. The plaintiffs argue that these activities enabled Hamas to carry out its brutal assault, resulting in devastating loss of life.

Initially, the Biden administration defended UNRWA's immunity, asserting last September that, as a United Nations entity, it could not be sued under U.S. law. However, in a stunning reversal, the DOJ announced on Thursday that UNRWA does not qualify as a “subsidiary organ” of the UN under the International Organizations Immunities Act. Instead, it is considered an “affiliate or instrumentality,” a designation that leaves it vulnerable to litigation.

This reversal removes a significant obstacle that had previously blocked the families' case from progressing. It also amplifies existing scrutiny on UNRWA, an agency long criticized for alleged ties to Hamas and other terrorist activities.

Founded in 1949, UNRWA oversees humanitarian services for about 5.9 million Palestinian refugees across Gaza, the West Bank, Syria, Lebanon, and Jordan. However, repeated revelations of UNRWA staff collaborating with terror organizations have led to widespread controversy. Last November, the Israeli Knesset voted overwhelmingly to ban UNRWA operations within Israel’s borders, citing these security concerns.

As the lawsuit moves forward, attention now turns to the degree of accountability UNRWA may ultimately face for its alleged role in facilitating one of the deadliest terror attacks against Israel in recent memory.