The US Department of Justice submitted a letter on Thursday arguing that the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is not entitled to immunity from lawsuits in the United States.

This filing is part of an ongoing case in which the families of over 100 victims of the October 7, 2023 Hamas-led attack are seeking $1 billion in damages, alleging that UNRWA supported Hamas by allowing its facilities to be used for weapons storage, the construction of tunnels and command centers, and the transfer of funds to the group through employee payments in US dollars.

The lawsuit, filed last June in the Southern District of New York, accuses UNRWA, which coordinates much of the aid to Gaza, of enabling Hamas's operations. The plaintiffs argue that the agency’s activities played a direct role in facilitating the October 7 attacks.

Previously, in September, the Department of Justice under the Biden administration had contended that UNRWA was immune from prosecution in US courts, citing that the UN itself had not waived immunity. This stance blocked the lawsuit from advancing.

However, in Thursday's court filing, the department reversed its position, asserting that while the UN enjoys immunity, its subsidiary bodies, such as UNRWA, do not. The letter explained that UNRWA is not classified as a "subsidiary organ" of the UN under the International Organizations Immunities Act.

A protest display against UNRWA seen in Jerusalem, March 18, 2024 (credit: FLASH90/CHAIM GOLDBERG)
A protest display against UNRWA seen in Jerusalem, March 18, 2024 (credit: FLASH90/CHAIM GOLDBERG)
The filing further clarified that although the UN Charter grants immunity to the UN’s principal organs, it does not extend this privilege to its specialized agencies or subsidiary bodies. As a result, UNRWA, described as an "affiliate or instrumentality" of the UN, is not immune from legal action under US law.

Letter reverses position of the Biden administration on UNRWA's immunity

The change in the Department of Justice’s position opens the door for legal action against UNRWA, which had previously been shielded by the Biden administration. Established in 1949, the agency provides aid, health, and education services to Palestinian refugees in Gaza, the West Bank, and neighboring countries like Syria, Lebanon, and Jordan.

Approximately 5.9 million Palestinians are registered as refugees with UNRWA, descendants of those displaced in the 1948 War of Independence.

In response to revelations about UNRWA employees' involvement in terrorism and its infrastructure being used by Hamas, the Israeli Knesset passed a ban on the organization in November, with strong support from both ruling and opposition parties.