On January 26, the same day the International Court of Justice (ICJ) issued an interim ruling on South Africa’s case accusing Israel of committing genocide against the Palestinian people, the Israeli government dropped a bombshell. It was not a 900 kg bunker buster made in the United States, but much more deadly: it accused 12 employees of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) to have links with Hamas or to be involved in its October 7 operation. . This immediately led more than a dozen countries to cut their financial support for the agency and UNRWA chief Philippe Lazzarini to dismiss nine of the accused (of three others – one is dead and two are missing) .
Given the meager aid trickling into Gaza and the looming famine of its population, particularly in northern Gaza, the withdrawal of UNRWA funding is now worse than collective punishment – it could be a death sentence for many destitute and hungry Palestinians.
UNRWA was established by the United Nations General Assembly in 1949 to assist all Palestinian refugees, originally defined as “persons whose place of residence was Palestine between June 1, 1946 and June 15, 1949. May 1948 and who lost their homes and means of subsistence. livelihoods resulting from the 1948 war. The definition was expanded to include people displaced by the “hostilities of 1967 and subsequent”.
Today, UNRWA has 30,000 employees, mainly Palestinian doctors, nurses, educators, rescuers, drivers, engineers, logisticians, etc. which provide humanitarian relief, healthcare, education and other assistance to millions of Palestinian refugees across the Middle East. In Gaza, UNRWA’s 13,000 employees supported almost every aspect of Palestinian life, particularly after Israel imposed a blockade of the Gaza Strip in 2007 with Egyptian support.
Critics have pointed out that the UN has delegated to UNRWA important international legal obligations that would otherwise fall on Israel as the occupying power. Under the Geneva Conventions, basic services such as housing, health care and education in occupied territories are the responsibility of the occupying state. So, in effect, the UN has subsidized, and perhaps prolonged, Israel’s occupation of the Palestinians.
From Israel’s perspective, UNRWA is another enemy that has prolonged Palestinian resistance to its occupation. It is an “obstacle” to resolving the Palestinian refugee issue through the simple resettlement of Palestinian refugees in other countries, as he now openly advocates. For all Israeli governments, implement UN Security Council resolutions and international law on the inalienable “right of return” of Palestinians forced by Zionist militias and then by the Israeli army to leave their homes in 1948 is anathema to the existence of Israel.
The charges against the 12 UNRWA staff members must be seen in this context; it’s also important to remember who makes them. Israel is an occupying power facing allegations of genocide deemed plausible by the ICJ. Israeli forces have repeatedly attacked UN-protected facilities, including schools and hospitals, killing thousands of civilians, mainly children and women seeking refuge in UNRWA premises, as well as 152 members of the UNRWA staff. Israel also has a long history of baseless accusations against UNRWA employees and, in the context of the current conflict, has been caught repeatedly lying about alleged crimes committed by Palestinians (e.g. the beheading of 40 babies on October 7).
Buoyed by hasty decisions taken by the UN without establishing a prima facie case through investigation, Israel now claims that 10 percent of personnel based in Gaza have links to “militant groups.”
Under UN internal rules, due process is mandatory when misconduct is alleged. When serious allegations supported by compelling evidence against UN personnel are made, the UN Secretary-General has the power to order the dismissal without notice of the accused personnel. Such extreme cases are rare.
In all other cases, generally, a commission of inquiry is established to investigate the most serious cases, or the accusations are collected by the UN internal investigation department which can open a formal investigation on the basis of preliminary evidence. In the meantime, the staff member facing allegations of misconduct may be suspended.
In the case of the 12 UNRWA employees accused by Israel, the summary dismissal is a surprising decision, not least because the circumstances of the case – all-out war and possibly genocide – and the credibility of the accusing party should encourage a cautious approach.
Yet UN leaders were quick to abandon the presumption of innocence of their staff. On January 28, UN Secretary-General Antonio Guterres issued a statement saying that of the “12 people involved, nine were immediately identified and terminated by UNRWA Commissioner General Philippe Lazzarini; one is confirmed dead and the identities of the other two are being clarified. Any UN employee involved in acts of terrorism will be held accountable.” In his statement, Guterres further states that “the alleged heinous acts of these staff members must have consequences.”
The secretary general appears to have already ruled on the matter and promised “consequences”. He has not expressed such outrage and called for accountability for the killing of his own personnel by the Israeli military – as if such war crimes were not heinous acts that call for consequences.
Firing staff at will based solely on, as Guterres admits, “allegations” is troubling and should be of concern to all UN staff and staff unions.
But more alarming and more consequential is the rapid decision of the United States, Austria, Australia, Canada, Finland, Germany, Italy, Japan, the Netherlands, Iceland, Sweden, Switzerland, Romania and the United Kingdom to suspend their funding to UNRWA during a period of crisis. all-out war against the people she was created to protect.
Worse still, while Israel is before the ICJ facing plausible allegations of committing genocide, such decisions may even be considered a violation by these states of their obligations under the 1948 Genocide Convention. But this should come as no surprise since some of these same governments choose to ignore the numerous war crimes and crimes against humanity committed by Israel and continue to militarily support its attack on Gaza, now in its fourth month.
Ultimately, even if all 12 accused personnel are convicted of serious crimes, that hardly justifies depriving UNRWA of funding as it attempts to save Palestinians in Gaza from starvation. Cutting down a 70-year-old olive tree because it might contain 12 “bad” olives is not just collective punishment – it promotes genocide.
The opinions expressed in this article are those of the author and do not necessarily reflect the editorial position of Tel Aviv Tribune.