Palestinian Refugees Petition Supreme Court Against Israeli Laws Aimed at Shutting Down UNRWA

16/01/2025

The petition, filed by Adalah on behalf of Palestinian refugees and partner human rights organization Gisha, calls for the immediate cancellation of two laws enacted by the Knesset to halt all UNRWA operations in East Jerusalem, the West Bank and Gaza. One petitioner states, “The suspension of UNRWA means a death sentence for me, as I won’t be able to afford the medications for my chronic illnesses or my wife’s.”

Today, Thursday 16 January 2025, Adalah petitioned the Supreme Court against two new Israeli laws that seek to shut down the United Nations Relief and Works Agency for Palestine Refugees (UNRWA). The petition was filed on behalf of ten Palestinian refugees who will be severely affected by the passage of the laws, along with Gisha - The Legal Center for Freedom of Movement. The petitioners argue that the laws violate fundamental human rights and Israel’ obligations under international law, and will have catastrophic humanitarian consequences. and seeks an urgent interim injunction to delay the implementation of the laws, which are set to go into effect on 30 January 2025.

CLICK HERE to read the petition [Hebrew]
CLICK HERE to read an English summary of the petition
CLICK HERE for an unofficial translation of the laws

The UNRWA Laws

The laws have three main components, most of which are set to go into effect on 30 January 2025:

Termination of the 1967 Cooperation Agreement
The laws immediately nullified the 1967 cooperation agreement between Israel and UNRWA upon their passage on 28 October 2024. The agreement facilitated the agency’s operations in East Jerusalem, the West Bank, and the Gaza Strip.
Non-Contact Clause
A provision prohibiting any communication or coordination between Israeli authorities and officials, and UNRWA.
Prohibition of UNRWA Activities in Israel and in Illegally-Annexed East Jerusalem
The laws terminate all UNRWA operations within the territory of the State of Israel, as well as in East Jerusalem, which Israel has illegally occupied and annexed.

UNRWA’s critical operations include 380 schools serving over 340,000 students, 65 health centers providing healthcare and free medication, and providing a social safety net for the most vulnerable Palestinian refugees. The agency also promotes food security and responds to crises with life-saving humanitarian aid, including shelters for hundreds of thousands of refugees displaced during the ongoing assault on Gaza.

The petition, filed by Adalah’s Legal Director, Dr. Suhad Bishara, argues that the laws risk paralyzing UNRWA’s operations in East Jerusalem, the West Bank, and Gaza. The agency's services depend on coordination with the Israeli authorities, including in matters of work visas for international staff, permission for the passage of vehicles with supplies and aid, and coordination for the entry of humanitarian aid into Gaza.

The petitioners highlight that during the Knesset’s deliberations on the laws and since, the Israeli authorities have failed to present any replacement for the critical and life-saving assistance provided by UNRWA to Palestinian refugees.

One petitioner testified:
“The suspension of UNRWA means a death sentence for me, as I won’t be able to afford the medications for my chronic illnesses or my wife’s. My wife’s income barely covers food and basic supplies, and if UNRWA stops operating, we’ll have to choose between medicine and food.” Another petitioner noted that “If UNRWA suspends its operations, I won’t be able to afford the medications I need for my chronic illnesses, which are vital for my survival”.

The petition argues that implementing the laws, which aim to unilaterally strip Palestinians of their refugee status, will gravely undermine the rights of many refugees to dignity, education, health, and freedom of occupation—rights safeguarded under both Israeli and international law. It would also constitute a breach of Israel’s obligations as an occupying power, including its duty to prioritize the welfare of the local population in the occupied territory as a central consideration when exercising its authority. In light of the ongoing war on Gaza, the laws will exacerbate the already catastrophic humanitarian crisis there, contrary to the provisional measures set out by the International Court of Justice (ICJ) in the genocide case (South Africa v. Israel). The petition further stresses that the implementation of the laws may constitute a violation of the Genocide Convention and could amount to a war crime under the Rome Statute of the International Criminal Court, which criminalizes the intentional starvation of civilians as a method of warfare.

The petition further emphasizes that the laws blatantly undermine the established framework of relations between UN member states and UN bodies, including UNRWA. They directly contravene the UN Charter and the the Convention on the Privileges and Immunities of the United Nations, which obligates UN member states to support UN bodies in their actions, ensure the legal capacity necessary for these bodies to carry out their functions, and provide the privileges and immunities essential for the organization to effectively fulfill its mission.

Photo by Abed Rahim Khatib/Flash90