Palestinian Refugees Petition Supreme Court Against Laws Aimed at Shutting Down UNRWA

The United Nations Relief and Works Agency for Palestine Refugees (UNRWA) must end operations and leave all its premises in Jerusalem by January 30, Israel’s UN ambassador said Friday, Jan. 24, affirming timelines set out in legislation passed last year. Israeli ambassador Danny Danon wrote to United Nations chief Antonio Guterres on Friday, “UNRWA is required to cease its operations in Jerusalem and evacuate all premises in which it operates in the city no later than 30 January 2025.”

Past week, Adalah petitioned the Supreme Court against the two laws that seek to shut down UNRWA. The petition was filed on behalf of ten Palestinian refugees who will be severely affected by the passage of the laws, along with Gisha – The Legal Center for Freedom of Movement. The petitioners argue that the laws violate fundamental human rights and Israel’ obligations under international law and will have catastrophic humanitarian consequences. and seeks an urgent interim injunction to delay the implementation of the laws, which are set to go into effect on next Thursday.

UNRWA workers delivering food in devasted Jabaliya refugee camp, north of Gaza City, January 22, 2025 (Photo: UNRWA)

The laws terminate all UNRWA operations within the territory of the State of Israel, as well as in East Jerusalem, which Israel has illegally occupied and annexed. UNRWA’s critical operations include 380 schools serving over 340,000 students, 65 health centers providing healthcare and free medication, and providing a social safety net for the most vulnerable Palestinian refugees. The agency also promotes food security and responds to crises with life-saving humanitarian aid, including shelters for hundreds of thousands of refugees displaced during the ongoing assault on Gaza.

The petition, filed by Adalah’s Legal Director, Dr. Suhad Bishara, argues that the laws risk paralyzing UNRWA’s operations in East Jerusalem, the West Bank, and Gaza. The agency’s services depend on coordination with the Israeli authorities, including in matters of work visas for international staff, permission for the passage of vehicles with supplies and aid, and coordination for the entry of humanitarian aid into Gaza. The petitioners highlight that during the Knesset’s deliberations on the laws and since, the Israeli authorities have failed to present any replacement for the critical and life-saving assistance provided by UNRWA to Palestinian refugees. 

One Palestinian petitioner testified: “The suspension of UNRWA means a death sentence for me, as I won’t be able to afford the medications for my chronic illnesses or my wife’s. My wife’s income barely covers food and basic supplies, and if UNRWA stops operating, we’ll have to choose between medicine and food.” Another petitioner noted that “If UNRWA suspends its operations, I won’t be able to afford the medications I need for my chronic illnesses, which are vital for my survival.” 

The petition argues that implementing the laws, which aim to unilaterally strip Palestinians of their refugee status, will gravely undermine the rights of many refugees to dignity, education, health, and freedom of occupation—rights safeguarded under both Israeli and international law. It would also constitute a breach of Israel’s obligations as an occupying power, including its duty to prioritize the welfare of the local population in the occupied territory as a central consideration when exercising its authority.

Considering the ongoing war on Gaza, the laws will exacerbate the already catastrophic humanitarian crisis there, contrary to the provisional measures set out by the International Court of Justice (ICJ) in the genocide case (South Africa v. Israel). The petition further stresses that the implementation of the laws may constitute a violation of the Genocide Convention and could amount to a war crime under the Rome Statute of the International Criminal Court, which criminalizes the intentional starvation of civilians as a method of warfare.

The petition further emphasizes that the laws blatantly undermine the established framework of relations between UN member states and UN bodies, including UNRWA. They directly contravene the UN Charter and the Convention on the Privileges and Immunities of the United Nations, which obligates UN member states to support UN bodies in their actions, ensure the legal capacity necessary for these bodies to carry out their functions, and provide the privileges and immunities essential for the organization to effectively fulfill its mission. 

During the stormy debate at the Knesset plenum on October 28, 2024, during the legislation of both laws, Hadash-Ta’al chairman MK Ayman Odeh opposed them and said that this is an “irony” that Israel opposed the fact that the descendants of Palestinian refugees retained their refugee status and claimed a “right of return,” but at the same time maintained that Jewish refugees expelled 2,000 years ago had a “right of return” to the Land of Israel.

MK Aida Touma-Sliman (Hadash) said the “bills stem from a long-time ambition of the Israeli right – to strip Palestinian refugees from their status.” “The State of Israel was established based on a United Nations resolution, grounded in principles of international law and human rights. Today, however, it is enacting policies that directly undermine these foundational values and defy international agreements. Actions that target UN agencies, such as today’s vote on legislation to outlaw UNRWA and halt its operations, deprive the Palestinian population of basic rights and services, contradicting the commitments upon which Israel’s own establishment relied. Such policies only deepen injustices and distance us from the possibility of a just and lasting peace. Israel is in effect creating new refugees every day while questioning the legitimacy of that very status,” she added

Related: https://maki.org.il/en/?p=32197