The U.S. Department of Justice has determined that the United Nations Relief and Works Agency for Palestine (UNRWA) can be sued in American courts regarding its alleged involvement in the Hamas-led attacks in Israel on October 7, 2023, which resulted in the deaths of nearly 1,200 individuals, including over 30 Americans. This decision was detailed in a federal court filing in New York and indicates that UNRWA does not have diplomatic immunity under U.S. law.
The lawsuit, initiated by families of more than 100 victims, seeks $1 billion in damages, asserting that UNRWA facilitated Hamas's terrorist activities. The plaintiffs contend that the agency provided financial resources that aided Hamas in acquiring weapons and constructing infrastructure used for the attacks. Allegations include the claim that UNRWA's funds were misappropriated to support the terrorist organization and that tunnels and command centers were established under UNRWA properties.
Philippe Lazzarini, the head of UNRWA, is named as a defendant in the case. The Justice Department's stance marks a significant shift from the previous administration's view, which held that UNRWA was protected by international legal immunity. This change follows recent legislative efforts, notably by Senator Ted Cruz, aimed at allowing American victims of terrorism to hold organizations accountable for funding terrorist activities.
The U.S. had previously been the largest donor to UNRWA, but aid was suspended following allegations of agency personnel's involvement in the October 7 attacks. The outcome of the lawsuit may have far-reaching implications for UNRWA's operations and its funding sources.