It has been 76 years since the Nakba, or ‘catastrophe’, which refers to the mass displacement and dispossession of Palestinians who were expelled from their lands in 1948 by armed forces supporting the establishment of the State of Israel. Established by the UN General Assembly in 1949, the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) was created in direct response to the needs of Palestinian refugees dispossessed during the Nakba. Throughout the ensuing decades of suffering and denial of justice, UNRWA has been present, providing essential relief, protection and services to displaced Palestinian people.

Regrettably, on Monday, 28 October 2024, the Parliament of Israel (Knesset) passed two contentious bills that essentially prohibit UNRWA from operating in territory claimed and controlled by Israel. The first bill bans UNRWA from engaging in ‘any activity’ or providing services within Israel, while the second labels UNRWA as a ‘terror’ organisation. This ban is scheduled to take effect in 90 days, resulting in the prohibition of UNRWA’s operations in the occupied Palestinian territories, including the West Bank, occupied East Jerusalem, and Gaza.

The UNESCO Chair strongly condemns the Knesset’s decision to ban UNRWA. As the UN officials including the Secretary-General have repeatedly warned, UNRWA’s role is indispensable and irreplaceable in providing humanitarian assistance to Palestinian refugees, particularly in the context of the ongoing genocidal war that has persisted for over a year, resulting in catastrophic destruction of Palestinian life and livelihoods. The banning of UNRWA exacerbates the hardships faced by Palestinian people living under brutal occupation and amidst ongoing genocide.

The primary reasons for the establishment of UNRWA include: a) the provision of immediate relief and support to Palestinian refugees, including food, shelter, education, and healthcare; b) the recognition that many Palestinian people were unable to return to their homes following the conflict, necessitating long-term support; and c) the promotion of regional stability and the mitigation of socio-economic challenges faced by Palestinian refugees across Jordan, Lebanon, Syria, the West Bank, and the Gaza Strip. UNRWA continues to play a critical role in the lives of millions of Palestinian refugees today and must be allowed to continue its vital work and mission. The ban on UNRWA and any restrictions on its vital humanitarian work ‘will have ramifications for decades’ to come.

The UNESCO Chair believes that the banning of UNRWA contravenes established international laws and resolutions. Notably, the International Court of Justice (ICJ) has ruled that Israel’s ongoing occupation of Palestinian territories is ‘illegal’. Following the ICJ advisory legal opinion, the UN General Assembly passed a resolution which, by an overwhelming majority, demanded that Israel cease its illegal occupation of Palestinian territories within 12 months. This clearly indicates that Israel lacks the legal authority or grounds to enforce legislation banning UNRWA in territories which are occupied illegally.

Moreover, as asserted by the European Union in its statement condemning the Knesset’s banning of UNRWA, this unilateral decision by Israel contravenes the ICJ ruling, which outlines protective measures against the threat of plausible genocide. After more than a year of genocidal campaigns, it has become evident that the underlying goal of Israel’s offensive is to ethnically cleanse Palestinians in both Gaza and the occupied West Bank. The banning of UNRWA and the severance of existing humanitarian assistance are integral components of this strategy and must be condemned in the strongest possible terms. The Knesset’s unilateral decision to ban UNRWA highlights the international community’s failure to hold the Israeli Government to account and deliver justice, including the recognition and constitution of a Palestinian state in accordance with the Oslo Accords.

In light of the legal obligations incumbent upon signatory states to prevent genocide, including the non-derogable responsibility to protect targeted groups, the UNESCO Chair strongly urges the United Nations General Assembly and its member states to undertake strong actions against Israel, as explicitly called for by Francesca Albanese in her report as the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. This includes the expulsion of Israel from the UN General Assembly and the immediate implementation of an arms embargo to halt the ongoing genocide in Gaza. In her recent report, Genocide as Colonial Erasure, Francesca Albanese compellingly reminds us that, at this critical juncture, only peacekeeping deployments can genuinely protect the Palestinian people across the various regions where they face risk.

First published: 30 October 2024

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