‘Hamas Misusing UNRWA’: U.S. Defends Israel’s Right to Shun UN Agency at World Court

Latest Developments

• Israel Cannot Be Compelled to Work With UNRWA: The United States rose to Israel’s defense during the ongoing hearings at the International Court of Justice (ICJ) over questions relating to Israel’s legal obligations with regard to the supply of humanitarian aid to Gaza and the work of UNRWA, the UN agency dedicated to the descendants of Palestinian refugees. Joshua Simmons, the senior bureau official in the State Department legal adviser’s office, reminded the court of the “serious, credible concerns about Hamas misusing UNRWA facilities and humanitarian assistance.” Simmons also pointed out that “UNRWA staff participated in the 7 October terrorist attack against Israel.”
• UNRWA ‘Not the Only Option’ to Deliver Aid: Simmons said that Israel “had no legal requirement” to permit the operations of an organization “that would compromise its security interests.” In addition, he pointed out that “UNRWA is not the only option for providing humanitarian assistance in Gaza.” Israel’s parliament banned UNRWA from operating on Israeli territory after evidence emerged that at least nine of the agency’s employees participated in the October 7, 2023, Hamas mass atrocities, with hundreds more terror group affiliates also on its payroll.
• ICJ Proceedings Based on UN General Assembly Resolution Attacking Israel: The ICJ proceedings were triggered by a UN General Assembly resolution requesting an advisory opinion on Israel’s alleged obligations “to ensure and facilitate the unhindered provision of urgently needed supplies” in “Occupied Palestinian Territory.” The United States is one of a handful of countries testifying in Israel’s defense at the hearings, which began on April 28.

FDD Expert Response

“Speaking for the United States, Josh Simmons correctly explained to the court why Israel has no obligation to cooperate with UNRWA. He noted that Israel has ample grounds to question the organization’s impartiality, and UNRWA is not the only option for providing humanitarian aid in Gaza. Simmons also accurately warned that many of the arguments made by Israel’s opponents in the proceedings would empower the UN General Assembly, in which the United States does not have a veto, at the expense of the UN Security Council, in which the United States does have a veto. Such a change to the United Nations’ balance of power would significantly undermine U.S. national security.” — Orde Kittrie, Senior Fellow

“UNRWA has taught generations of Palestinians to hate Israel and Jews and refuse compromises for peace. Absurdly, the international community is telling Israel that it must play an active role in its own destruction by supporting UNRWA. The ICJ case is a perfect example of how international legal instruments can be weaponized against democracies fighting immoral and opportunistic terrorists.” — David May, Research Manager and Senior Research Analyst

FDD Background and Analysis

“A ‘Legal Process to Persecute Israel’: UN Court Holds Hearings on Israel’s Block on Aid Into Gaza,” FDD Flash Brief

“‘Predetermined Outcome’: Amnesty International Report Amplifies ‘Genocide’ Charge Against Israel,” FDD Flash Brief

“ICJ Delivers Biased Ruling Against Israel on West Bank and Jerusalem,” FDD Flash Brief

“The Pending Israel-Palestine ICJ Advisory Opinion: Threats to Legal Principles and Security,” by Orde Kittrie and Bruce Rashkow