Justice Department Strips Immunity from UNRWA, Backing Lawsuit by Oct. 7 Victims' Families

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Justice Department Strips Immunity from UN Palestinian Relief Agency, Backing Lawsuit by Oct. 7 Victims' Families

 

In a significant reversal of previous U.S. policy, the Justice Department has declared that the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) is not entitled to immunity from prosecution, opening the door for a $1 billion lawsuit brought by survivors and families of the victims of the October 7, 2023, Hamas massacre.

DOJ tells SDNY that Biden administration was wrong to argue that UNRWA was immune to Alien Tort Claims Act suit in the USA over UNRWA role in October 7 massacre. (Simon Tov v UNRWA, No. 1:24-cv-04765.) pic.twitter.com/u6JwmqHgJQ

— tedfrank (@tedfrank) April 25, 2025

 

Under President Biden’s administration, the Justice Department had argued that UNRWA and its personnel were protected by “absolute immunity” under the International Organizations Immunities Act of 1945. However, the Trump administration has now taken a starkly different position.

 

"Previously, the Government expressed the view that certain immunities shielded UNRWA from having to answer those allegations in American courts," said a letter submitted Thursday to U.S. District Judge Analisa Torres of the Southern District of New York.

 

"The Government has since reevaluated that position, and now concludes UNRWA is not immune from this litigation. Nor are the bulk of other defendants," wrote U.S. Attorney Jay Clayton and Acting Assistant Attorney General Yaakov Roth in the letter.

 

This letter was submitted in support of a lawsuit filed on June 24, representing over 100 victims and survivors. The lawsuit accuses UNRWA and seven of its current or former leaders of playing a key role over the last decade in helping Hamas build the “terror infrastructure and personnel that were necessary to carry out the October 7 Attack.”

 

“As a result, UNRWA is not subject to the General Convention, and is not immune from suit under that treaty or current U.S. law,” the Justice Department’s letter asserted. Furthermore, the document argued that UNRWA cannot even be classified as a “subsidiary organ” of the United Nations because it was not designated as such under the International Organizations Immunities Act.

 

"It is the present view of the United States that UNRWA is not" considered an official part of the United Nations, the letter said, but "instead, it is a mere 'affiliate or instrumentality' of the UN, analogous to the specialized agencies referenced in the UN Charter."

This shift marks a dramatic legal and political moment for the families seeking justice for the victims of the Hamas assault, potentially exposing UNRWA to massive financial damages and intensifying scrutiny of its operations in the region.

 

Related Topics:

Victims of October 7 Attack Sue UNRWA for $1 Billion, Accusing It of Aiding Hamas

Released Hostage Emily Damari Tells Keir Starmer she was held in UN Facilities

Survivors sue UNRWA USA for funding Hamas terrorism

 

  Adpated by ASEAN Now from AP | TOI  2025-04-26

 

 

[gargamon]

We'll wait and see what the courts say, not the DOJ.