US Justice Dept. says UNRWA not immune from lawsuits in US courts, in reversal of Biden-era stance

In a reversal of a previous opinion, the US Department of Justice says that the contentious US agency for Palestinian refugees, UNRWA, is not entitled to immunity from lawsuits in the US, according to a court document circulated online by lawyers, and subsequently, pro-Israel activists.

The Justice Department’s opinion was submitted as part of an ongoing lawsuit in which the families of more than 100 victims of the October 7, 2023, Hamas-led terror assault are claiming $1 billion in damages from UNRWA, asserting that the UN agency aided and abetted the terror group’s attack.

The lawsuit was filed last June in the Southern District of New York.

In September, the US Department of Justice, then under the administration of former president Joe Biden, asserted that the UN had not waived its immunity in US courts, and as such UNRWA was exempt from prosecution and the lawsuit could not proceed.

Now, in the latest court filing, the DoJ acknowledges that “previously, the Government expressed the view that certain immunities shielded UNRWA from having to answer” to allegations regarding its role in the “heinous offenses” of October 7, but says it has “since reevaluated that position, and now concludes UNRWA is not immune from this litigation.”

Presenting its position, the DoJ states that while the UN in and of itself enjoys immunity in US courts, its “subsidiary organs,” such as UNRWA, do not.

“The UN Charter provides that the UN ‘shall enjoy in the territory of each of its Members such privileges and immunities as necessary for the fulfillment of its purposes,’” the document states. “But the Charter does not specify whether ‘The Organization’ that ‘shall enjoy’ immunity includes the system’s principal bodies, its subsidiary bodies, its specialized agencies, or all three.”

As such, it says the Charter “does not create any binding obligations under federal law.”

Furthermore, the document argues that UNRWA cannot even be considered a “subsidiary organ” of the UN, as it was not designated under the International Organizations Immunities Act.

“It is the present view of the United States that UNRWA is not” part of the United Nations, and “instead, it is a mere ‘affiliate or instrumentality’ of the UN, analogous to the specialized agencies referenced in the UN Charter.”

“As a result, UNRWA is not subject to the General Convention, and is not immune from suit and that treaty or current US law,” the court filing states.