Al Majalla obtains Guterres letter to Netanyahu on UNWRA ban

The UN Secretary-General warns Netanyahu that banning the UN agency would have devastating consequences for Palestinian refugees and reminds him of his obligations under international law

Heidi Levine / AFP

Israeli Prime Minister Benjamin Netanyahu (R) and UN Secretary-General Antonio Guterres holds a press conference at the prime minister's office in Jerusalem on August 28, 2017.

Al Majalla obtains Guterres letter to Netanyahu on UNWRA ban

Al Majalla - London

last update on 31 Oct 2024

28 October 2024

To His Excellency Mr. Benjamin Netanyahu Prime Minister of the State of Israel Jerusalem

I refer to my letter dated 4 October 2024 regarding draft legislation concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), which was being considered by the Knesset of Israel. I regret to learn that on 28 October 2024, the Knesset approved the draft legislation and that the Law for the Cessation of UNRWA Activities (2024) and the Law for the Cessation of UNRWA Activities in the State of Israel (2024) have now been enacted into law.

These Laws, if implemented, could prevent UNRWA from continuing its essential work in the Occupied Palestinian Territory, comprising the West Bank, including East Jerusalem, and Gaza, which would have devastating consequences for Palestine refugees, considering that there is currently no realistic alternative to UNRWA which could adequately provide the services and assistance required.

I appeal to you and the Government of Israel to prevent such devasting consequences and to allow UNRWA to continue carrying out its activities in the Occupied Palestinian Territory, including East Jerusalem, in accordance with its obligations under international law.

I note, with particular concern, that the Law for the Cessation of UNRWA Activities (2024), inter alia, provides that “the invitation to UNRWA based on the exchange of letters between Israel and UNRWA from 14 June 1967 shall expire on 7 October 2024” and that “no state authority, including bodies and individuals performing public duties according to law, shall have any contact with UNRWA or any of its representatives” (UNRWA’s unofficial translation from the original Hebrew). I am also concerned about the reference to criminal proceedings against UNRWA employees, which may, in fact, relate to their activities for or on behalf of UNRWA.

Obtained by Al Majalla

I further note that the Law for the Cessation of UNRWA Activities in the State of Israel (2024), which, inter alia, prohibits any activity by UNRWA “within the sovereign territory of the State of Israel” (UNRWA’s unofficial translation from the original Hebrew), is intended to also be applicable in East Jerusalem.

Pursuant to the relevant resolutions, decisions and opinions of the competent principal organs of the United Nations, the United Nations considers the West Bank, including East Jerusalem and Gaza, to be part of the Occupied Palestinian Territory and that Israel is not entitled to sovereignty over, or to exercise sovereign powers, in any part of the Occupied Palestinian Territory on account of its occupation.

Following the establishment of UNRWA by the General Assembly in its resolution 302 (IV) of 18 December 1949, UNRWA has been providing assistance to Palestine refugees in the West Bank, including East Jerusalem and Gaza, since 1950.

Under normal conditions, UNRWA operates almost 400 schools, over 65 primary health clinics and one hospital in the Occupied Palestinian Territory, which enable the provision of education to over 350,000 children and over 5 million health consultations annually. More specifically, in East Jerusalem, UNRWA schools provide education to 2000 students, and its health clinics serve 40,000 registered patients. UNRWA has also been providing vital poverty relief and social services, including social safety net, emergency assistance, and food vouchers, which have benefitted over 1.2 million people.

In Gaza specifically, UNRWA has been the main provider of basic and essential services, providing education to 300,000 children in 288 schools and two training centres, healthcare services to 900,000 patients and 3.5 million patient consultations annually in 22 primary health clinics, and emergency assistance to 1.1 million people.

Under the current crisis in Gaza, UNRWA is the backbone of the United Nations humanitarian relief operations, providing a lifeline, shelter or other support for the large majority of the population of nearly 2.3 million in Gaza who have all been affected by the ongoing conflict, including food assistance to 1.9 million people, polio vaccinations for over 200,000 children, health care to 15,000 people representing more than 60% of total primary health care provision in Gaza, and shelters for hundreds of thousands of internally displaced persons inside and in the vicinity of over 100 schools.

REUTERS/Ramadan Abed — Palestinian child is vaccinated against polio during the second round of a vaccination campaign in Deir Al-Balah in the central Gaza Strip, October 14, 2024.

I recall that, under international humanitarian law, if the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population and shall facilitate them by all means at its disposal.

UNRWA is the principal means by which essential assistance is supplied to Palestine refugees in the Occupied Palestinian Territory. There is currently no realistic alternative to UNRWA which could adequately provide the services and assistance required, whether it be other United Nations entities, other international organisations, or any other entity.

The cessation of or restrictions on its activities would leave Palestine refugees without the essential assistance that they require. Therefore, Israel, as the Occupying Power, continues to be required to ensure that the needs of the population are met.

If Israel is not in a position to meet such needs, it has an obligation to allow and facilitate the activities of the United Nations, including UNRWA and other humanitarian agencies, until the needs of Palestine refugees in the Occupied Palestinian Territory are met. In order to fulfil this obligation, Israel's state authorities, including bodies and individuals performing public duties according to law, are required to have contact with UNRWA or any of its representatives.

Under international law, if the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of said population

António Guterres Secretary-General of the United Nations

Moreover, as a Member of the United Nations, Israel continues to be required, pursuant to Article 2, paragraph 5, of the Charter of the United Nations, to give UNRWA every assistance in any action it takes in accordance with the relevant decisions of competent principal organs adopted pursuant to the provisions of the Charter, including General Assembly resolution 302 (IV) and subsequent General Assembly resolutions renewing UNRWA's mandate.

Furthermore, unless and until subsequent developments under international law require a change in the current arrangements, UNRWA will proceed until then on the basis that Israel continues to be bound by its obligations under the Exchange of Letters constituting a Provisional Agreement between UNRWA and Israel concerning Assistance to Palestine Refugees concluded on 14 June 1967 (United Nations, Treaty Series, vol. 620, p. 183), including the obligations to ensure the protection and security of the personnel, installations and property of UNRWA; to permit the free movement of UNRWA vehicles into, within and out of Israel and the areas in question; to permit the international staff of the Agency to move in, out and within Israel and the areas in question; and to permit the local staff of the Agency to move within the areas in question under arrangements made or to be made within the military authorities.

Israel also continues to be required to give effect to the terms of the Convention on the Privileges and Immunities of the United Nations, to which Israel has been a party since 21 February 1949 (the "General Convention") and which is applicable to UNRWA, as an integral part of the United Nations, including the immunity of UNRWA, its property and assets wherever located and by whomsoever held from every form of legal process; the inviolability of UNRWA premises; the immunity of UNRWA property and assets from search requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action; the exemption from direct taxes and from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by UNRWA for its official use.

AFP — A United Nations team inspects the grounds of Al-Shifa hospital, Gaza's largest hospital, which was reduced to ashes by a two-week Israeli raid, on April 8, 2024.

With respect to United Nations officials and experts on mission acting on behalf of UNRWA, Israel is obliged to recognise and give effect to the privileges and immunities accorded to them under the General Convention, including their immunity from legal process with respect to their official functions and their right to be granted facilities for speedy travel.

In this connection, I wish to recall that the General Convention, under Article VIII, Section 30, provides that all differences arising out of the interpretation or application of the General Convention shall be referred to the International Court of Justice. In this regard, a situation may exist in which a difference has arisen between the United Nations and the State of Israel regarding, among other things, the interpretation or application of the Convention on the Privileges and Immunities of the United Nations, to which Israel is a party. I will continue to update the General Assembly on the matter so that the Assembly can consider appropriate action.

I also recall that Israel continues to be required, in its relation to UNRWA, to comply with its other obligations under international humanitarian law, particularly those under the law of occupation, including the prohibition on the confiscation of private property in occupied territory, the prohibition on the destruction by the Occupying Power of real or personal property, the obligation to facilitate the proper working of all institutions devoted to care and education of children in occupied territory, and the obligation of ensuring and maintaining the medical and hospital establishments and services in occupied territory.

Differences arising out of the interpretation or application of the General Convention shall be referred to the International Court of Justice.

Finally, I recall that Israel may not invoke the provisions of its internal law, including the Laws mentioned above, as justification for its failure to perform its obligations under international law.

I also wish to seize the occasion of this letter to reiterate my concerns regarding Israel's actions impacting other United Nations activities, including those of United Nations peacekeeping operations, elsewhere in the region, including in Lebanon. In this regard, I wish to renew my calls for Israel's compliance with its other obligations under international law, particularly those under international humanitarian law and those concerning the privileges and immunities of the United Nations, and ensure that United Nations personnel, including those of United Nations peacekeeping operations, are respected and protected and that the inviolability of the premises of the United Nations is respected.

As I have mentioned in my letter, dated 4 October 2024, in view of the gravity of this matter, I have brought it to the attention of the General Assembly and asked for its guidance and support, and I will keep the Assembly closely informed as the situation develops.

Please accept, Excellency, the assurances of my highest consideration.

António Guterres

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