The Absence of an Alternative to UNRWA Fuels Debate between Israel and the UN

The United Nations and Israel are debating who will fill the void if the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) ceases its operations in Gaza and the West Bank later this month when an Israeli law banning its activities comes into effect.

UNRWA is still operating in Palestinian territories, but the agency’s future, spanning nearly 75 years, is uncertain as the law prohibiting its work in Israeli territories and contact with Israeli authorities takes effect.

Since the law was enacted in late October, the UN and Israel have exchanged communications. Shortly after, the UN informed Israel that it is not responsible for providing an alternative to UNRWA in the Palestinian territories—Gaza, the West Bank, and East Jerusalem.

In a letter to the UN General Assembly and Security Council late Thursday, Secretary-General António Guterres stated that if UNRWA is forced to cease operations, Israel must “ensure the provision of the range of services and assistance the agency was delivering,” in accordance with international law.

He wrote, “Other UN agencies are ready to continue providing services and assistance to Palestinians as much as they can, but this should not be seen as an exemption for Israel from its obligations.”

The UN considers Gaza, the West Bank, and East Jerusalem as territories occupied by Israel. International law requires the occupying power to approve and facilitate relief programs and ensure the provision of food, medical care, and hygiene standards.

In a letter to the UN on December 18, Israeli Ambassador to the UN Danny Danon said the new legislation “does not in any way undermine Israel’s strong commitment to international law.” He also rejected the UN’s demand that Israel take responsibility for filling any void left by UNRWA.

Danon stated that Israel does not exercise effective control over Gaza and is therefore not an occupying power, asserting that the law of military occupation does not apply. He added, “The Palestinian Authority’s responsibility for civil matters in the West Bank should not be overlooked.”

Regarding Jerusalem, Danon stated that all residents are entitled to municipal and governmental services under Israeli law, including health and education. Israel annexed East Jerusalem, a move not internationally recognized.

Israel has long criticized UNRWA, accusing some of its employees of participating in Hamas’s attack on Israel on October 7, 2023.

The UN acknowledged that nine UNRWA employees may have been involved, leading to their dismissal. Additionally, a Hamas leader in Lebanon, killed by Israel in September, was previously employed by the agency.

The United States has urged its ally Israel to ensure that the new law does not hinder the delivery of aid and the provision of essential services, including those offered by UNRWA, to Gaza, which has been in a humanitarian crisis since the war between Israel and Hamas.

A U.S. official stated that State Department diplomats met this week with the transition team of President-elect Donald Trump, who takes office on January 20, to raise concerns about the potential exacerbation of the Gaza crisis once the Israeli law is implemented.

Established by the UN General Assembly, UNRWA provides aid, medical care, and educational services to millions of Palestinians in Gaza, the West Bank, East Jerusalem, and neighboring Arab countries such as Syria, Lebanon, and Jordan.