The United Nations has stressed that if Israel puts in place new laws cutting ties with the UN agency for Palestinian refugees, the Israeli government will have to meet their needs under international law.
Secretary-general Antonio Guterres says there is no other UN alternative to the agency, known as UNRWA.
It has been a lifeline during the Israel-Hamas war in Gaza, and the Israeli legislation “will have a devastating impact on the humanitarian situation” in the Palestinian territories, UN spokesman Stephane Dujarric said.
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The UN agencies for children, health and migration also stressed that UNRWA is the “backbone” of the world body’s operations in Gaza, where people rely on emergency food aid during the more than year-long war, which has killed tens of thousands and left much of the enclave in ruins.
The United Nations is heartened by statements of support for UNRWA from all quarters and countries that often disagree with one another, Mr Dujarric said, and “we would very much appreciate efforts by any member state to help us get over this hurdle”.
Israel has alleged that some of UNRWA’s 13,000 staff members in Gaza participated in the October 7 2023 attacks by Hamas, which sparked the war in Gaza.
It has also accused hundreds of UNRWA staff of having militant ties and said it has found Hamas military assets in or under the agency’s facilities.
Israel passed two laws on Monday that could prevent UNRWA from continuing its work, which isolated it among the UN’s 193 member nations.
Even the United States, its closest ally, joined many governments and humanitarian organisations in opposing the Israeli legislation, which does not take effect for three months.
Mr Guterres sent a letter on Tuesday to Israeli Prime Minister Benjamin Netanyahu outlining his concerns and “the issues of international law that have been raised”, Mr Dujarric said.
As an occupying power, under international humanitarian law, Israel is required to ensure the needs of the Palestinians are met, including for food, healthcare and education, the UN spokesman said.
And if Israel is not in a position to meet those needs, “it has an obligation to allow and to facilitate the activities of the UN, including UNRWA and other humanitarian agencies, to meet those needs”.
“Should UNRWA cease to operate – and for us there is no alternative – Israel would have to fill the vacuum,” Mr Dujarric said.
“Otherwise, it would be in violation of international law.”
Israel’s UN ambassador Danny Danon responded to the secretary-general’s letter to Mr Netanyahu by saying: “Rather than condemning UNRWA for turning a blind eye to terrorism and in some cases participating in terrorism, the UN instead condemns Israel.”
He claimed in a statement that UNRWA is not interested in providing humanitarian aid to Gaza, calling it “nothing but an arm of Hamas operating under the guise of the United Nations”.
“Israel will continue to facilitate humanitarian aid in Gaza according to international law,” Mr Danon said, “but UNRWA has failed in its mandate and is no longer the right agency for this job.”
World Health Organisation (WHO) spokesman Tarik Jasarevic said UNRWA health workers have provided more than six million medical consultations over the past year.
They have also offered immunisations, disease surveillance and screening for malnutrition, and UNRWA’s work “couldn’t be matched by any agency – including WHO”, he said.
Jeremy Laurence, spokesman for the UN human rights office, said that “without UNRWA, the delivery of food, shelter, healthcare, education, amongst other things, to most of Gaza’s population would grind to a halt”.
UNRWA was established by the UN General Assembly in 1949 to provide relief for Palestinians who fled or were expelled from their homes before and during the 1948 Arab-Israeli war that followed Israel’s establishment, as well as their descendants.
At the UN’s regular Security Council meeting on the Middle East – this month open to all UN members – speakers supported UNRWA and denounced Israel’s wars against Hamas in Gaza and Hezbollah in Lebanon, virtually all calling for immediate ceasefires.
US ambassador Linda Thomas-Greenfield expressed deep concern at the Israeli legislation, saying “right now there is no alternative to UNRWA when it comes to delivering food and other life-saving aid in Gaza”.
She called on Mr Guterres “to create a mechanism to review and address allegations that UNRWA personnel have ties to Hamas and other terrorist groups”.
UN spokesman Mr Dujarric, asked about this request, said the UN’s internal watchdog is working on these issues.
He said a letter from the Israeli government last week raising specific undisclosed issues is also being looked at “extremely seriously”.
US State Department spokesman Matthew Miller went further, warning that the Israeli legislation “poses risks for millions of Palestinians who rely on UNRWA for essential services.”
Mr Miller reiterated that the US opposes the legislation and will be discussing it with Israel in the days ahead.
He said there may be consequences under US law and policy if it takes effect, referencing a letter that secretary of state Antony Blinken and defence secretary Lloyd Austin sent to their Israeli counterparts saying humanitarian aid must increase or the country risks losing military assistance.