In an official document filed in a US court, the United Nations, with support from the US Department of Justice, has argued that UNRWA employees who were involved in the October 7 massacre are immune from legal action, Israeli broadcaster Channel 12 News reported on Saturday evening.
According to the document, UNRWA employees involved in the massacre are shielded from prosecution due to their immunity.
"Since the UN has not waived immunity in this instance, its subsidiary, UNRWA, continues to enjoy absolute immunity from prosecution, and the lawsuit should be dismissed," the UN's response stated.
The US Department of Justice echoed this position. "The plaintiff's complaint does not present a legal basis for claiming that the United Nations waived its immunity. Therefore, because the UN has not waived immunity in this case, its subsidiary, UNRWA, retains full immunity, and the lawsuit against UNRWA should be dismissed due to lack of subject matter jurisdiction."
Attorney Gaby Meron of the law firm MM-LAW filed the lawsuit accusing UNRWA of complicity in genocide and crimes against humanity and is preparing a formal response to the court, Channel 12 noted in their report.
Channel 12 noted that this decision creates a significant legal hurdle for the victims of the massacre and their families, who must demonstrate that the immunity protecting UNRWA employees should be revoked.
UNRWA employees have been accused of acts of murder, abduction, and the taking of hostages on October 7.
Based on previous reporting from The Jerusalem Post, Ditza Heiman, who was taken hostage during the October 7 Hamas attacks, was held captive by a UNRWA teacher for 53 days. She reported that her conditions were dire, with minimal food and no access to essential medication despite her health issues, including diabetes and thyroid problems. She described seeing the UNRWA logo on various items during her captivity, highlighting concerns about UNRWA's involvement in supporting Hamas activities.
The controversy surrounding UNRWA's role is further amplified by the legal battles faced by victims like Heiman and the family of Yonatan Samerano. UNRWA employees are reportedly immune from prosecution due to their UN affiliation, creating significant legal challenges for the victims seeking justice. This immunity has been widely criticized, especially given allegations that UNRWA has indirectly supported Hamas by employing individuals linked to the group and facilitating its operations.
Further evidence of UNRWA involvement in Oct. 7 hostage-taking
Heiman also recounted seeing the UNRWA logo on notebooks, snack packages, and other items. He asked the UNRWA employee if he was a teacher, and he confirmed to her that he was.
She also shared that she ate only once a day and was given snacks with packaging marked with the UNRWA logo and labeled "not for sale," as it was given to schoolchildren.
"We are not a state; we don’t have a security system to investigate people. If someone was involved, we fire them immediately," said UNRWA Spokesman Adnan Abu Hasna. "We have a problem in Gaza. There is no order. People are taking over humanitarian aid. If there is proof that UNRWA staff were involved, we will fire them because we are against it."
When further questioned by Channel 12 about why the terrorist who was caught on video murdering Yonatan Samerano, who was taken hostage from the Nova music festival and declared dead after 59 days, was allowed to work and not stand trial, Abu Hasna responded that "We [UNRWA] only hear from the media that this person did these things. There was an investigation committee not on our behalf but on behalf of the UN; they investigated and stated certain things. This person has no connection."
Ayelet Samerano, the mother of Yonatan, traveled to Switzerland and confronted UNRWA chief Philippe Lazzarini during Switzerland's August 1 celebrations.
"UNRWA kidnapped my son's body. Where is he, Mr Lazzarini?" she shouted, demanding answers and the return of her son's remains. "I want my son back!"
In April, Lazzarini attempted to visit Gaza but was blocked by Israeli authorities due to his denial of UNRWA’s involvement in the events of October 7. At the time, Lazzarini was quoted saying, "I have not been presented with any evidence supporting Israel’s claims, and this is not the first time," Channel 12 stated.