UK could be sued over decision to stop funding a key UN agency delivering aid to Gaza
A legal challenge is to be launched against the Foreign Office over its decision to pause funding for the UN’s Palestinian refugee agency.
On behalf of a British-Palestinian man with family in Gaza, Bindmans LLP has issued a pre-action letter to the government department warning, if funding is not reinstated by Tuesday 2, April, the client will issue judicial review proceedings in the High Court.
The legal challenge claims that the government’s decision to withdraw funds from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) on 27, January was decided, “illogically and without due consideration of evidence, of international obligations, or of FCDO decision-making frameworks”.
Funding was paused by 10 governments including Australia, the United States and Canada following allegations by the Israeli authorities that several UNRWA staff were involved in the October 7 Hamas attacks.
US Ambassador to the United Nations Linda Thomas-Greenfield raises her hand during the UN Security Council meeting which adopted a resolution demanding an immediate cease-fire in Gaza Strip for the month of Ramada on March 25, 2024. As many as 14 countries voted in favor of the resolution, presented by 10 elected members of the Council, while the US abstained from voting. (Photo by Fatih Aktas/Anadolu via Getty Images
Despite weaknesses and false U.S. claims that the resolution is nonbinding, it demands an end to the bombing and a massive influx of humanitarian aid. And that means the possibility of saving lives.
Five and half months into Israel’s genocidal assault on Gaza with more than 32,000 Palestinians already killed, six weeks after the International Court of Justice found Israel plausibly committing genocide and ordered it to stop, and after four earlier tries, the UN Security Council on Monday finally passed a resolution submitted by all ten elected members aiming to stop the slaughter. The resolution has lots of weaknesses and shows the effects of U.S. pressure—but it demands an end to the bombing and a massive influx of food and medicine. And that means the possibility of saving lives.
The resolution demanded an immediate ceasefire leading to a lasting and sustainable ceasefire, the release of all hostages, and compliance with international law in treatment of all those detained. The Council also demanded “the lifting of all barriers to the provision of humanitarian assistance at scale,” reminding the world of the need for massive expansion of that aid and for protection of Palestinian civilians across the entire Gaza Strip.
The resolution’s passage was uncertain until the very last moment. An hour before the vote, U.S. diplomats won a final concession—replacing the original demand for a “permanent” ceasefire” to the squishier, less clear “lasting.” And there are significant other weaknesses in the resolution.
When U.S. Ambassador Linda Thomas-Greenfield claimed that the Council vote was “nonbinding,” she was setting the stage for the U.S. government to violate the UN Charter by refusing to be bound by the resolution’s terms.
The most important flaw in the Council’s text is that it calls for a ceasefire only “for the month of Ramadan.” This most important of Muslim holidays began on March 11, so the demand for a ceasefire is only for about two weeks. And while it does demand that the immediate halt lead to a lasting ceasefire, two weeks is still a much too-short time.
Other problems reflect deliberate obfuscation of language. The demand that all parties treat “all persons they detain” in compliance with international law clearly refers to the thousands of Palestinian detainees Israel is holding, many in administration detention without even the pretense of legitimate legal procedures, whom international law requires to be immediately released. Their detention violates a host of those laws, but by not naming them directly, diplomatic wrangling always threatens to deny them their rights.
And in the paragraph focusing on the catastrophic humanitarian situation across Gaza, the Council’s demand for “lifting all barriers to provision of humanitarian aid at scale” should be a clear and straightforward message to Israel that it must open the gates, end its rejection of goods on the spurious grounds of potential “dual use,” replace its deliberately complex and time-consuming inspection processes and more. But that reference to “lifting all barriers” is hidden in a long sentence within a reference to an earlier resolution. The first part of the sentence merely “emphasizes” the need for more humanitarian aid and protection for Palestinian civilians. And in UN diplo-speak, especially in the Security Council that actually has the right to enforce its resolutions, “emphasizing” something ain’t even close to “demanding” that it happen.
Israel was still not pleased, of course. Prime Minister Benjamin Netanyahu immediately announced his delegation, expected in Washington tomorrow to discuss Tel Aviv’s planned escalation against Rafah, will stay home instead.
But even if the resolution is not all it should be, its passage (14 in favor, the U.S. abstained) still represents a powerful global rejection of the U.S.-backed Israeli assault against Palestinians in Gaza, and an important expression of support for the South African-led intervention at the International Court of Justice designed to prevent or stop Israeli genocide and to hold Israel accountable for its crimes. Importantly, and despite U.S. Ambassador Linda Thomas-Greenfield’s false claim following the vote, all decisions of the Council, as stated in Article 25 of the UN Charter, are binding on Member States.
That puts a big obligation on the U.S. and global movements for ceasefire, massive escalation of humanitarian aid, and resumption of funding UNRWA. Left to its own devices, the Council will almost never move to enforce its own decisions. That responsibility, that obligation, lies with our movements—and, in the UN context, with the General Assembly. The legacy of the South Africa anti-apartheid movement, especially through the 1970s and 80s, and into the early 1990s, shows that model. The U.S. and Britain over and over again vetoed resolutions in the Security Council for sanctions against apartheid South Africa. Over and over again the General Assembly passed the resolutions—for banking, trade, and other sanctions, for arms embargoes and much more. Eventually, public pressure against Washington and London forced a pull-back, and eventually, reluctantly and grudgingly, those governments gave in, stopped vetoing the Council resolutions and started abiding by the calls of the Assembly. It all played a huge role in ending South African apartheid.
Left to its own devices, the Council will almost never move to enforce its own decisions. That responsibility, that obligation, lies with our movements—and, in the UN context, with the General Assembly.
When U.S. Ambassador Linda Thomas-Greenfield claimed that the Council vote was “nonbinding,” she was setting the stage for the U.S. government to violate the UN Charter by refusing to be bound by the resolution’s terms. But enforcement of Council decisions can take shape in many forms—protest movements around the world can demand their governments move to pressure Israel to abide by the Council’s demands. The General Assembly can urge Member States to impose some of those same sanctions it used so successfully against apartheid South Africa. Maybe the Assembly and global movements together can escalate the call urging boycotts of Israeli products, divestment from companies profiting from Israel’s occupation or apartheid, and sanctions on banking transactions or trade, and the imposition of arms embargoes.
First things, of course, an immediate ceasefire, release of hostages and Palestinian detainees, and a flood of emergency humanitarian aid. Then maybe, just maybe, we’ll see this Security Council resolution lead to the United Nations joining the global BDS movement. It’s never too late.
Phyllis Bennis is a fellow of the Institute for Policy Studies and serves on the national board of Jewish Voice for Peace. Her most recent book is the 7th updated edition of “Understanding the Palestinian-Israeli Conflict: A Primer” (2018). Her other books include: “Understanding the US-Iran Crisis: A Primer” (2008) and “Challenging Empire: How People, Governments, and the UN Defy US Power” (2005).
The bodies of victims of the October 31, 2023 Israeli bombing of the Jabalia refugee camp in the Gaza Strip are lined up outside the Indonesian Hospital in Gaza City. (Photo: Fadi Alwhidi/Anadolu via Getty Images)
“Israel’s genocide on the Palestinians in Gaza is an escalatory stage of a long-standing settler colonial process of erasure.”
The United Nations Human Rights Council on Monday published a draft report that found “reasonable grounds to believe” that Israel is committing genocide in Gaza, a move that came on the same day as the U.N. Security Council passed a resolution demanding an immediate cease-fire in the ongoing war.
The advance unedited version of the report—entitled Anatomy of a Genocide—concludes that Israel’s far-right government and military “have intentionally distorted jus in bello principles, subverting their protective functions, in an attempt to legitimize genocidal violence against the Palestinian people.”
“The overwhelming nature and scale of Israel’s assault on Gaza and the destructive conditions of life it has inflicted reveal an intent to physically destroy Palestinians as a group,” the draft report states, enumerating Israeli actions that violate Article II of the Convention on the Prevention and Punishment of the Crime of Genocide: “Killing members of the group; causing serious bodily or mental harm to group members; and deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.”
“Israel has de facto treated an entire protected group and its life-sustaining infrastructure as ‘terrorist’ or ‘terrorist-supporting,’ thus transforming everything and everyone into either a target or collateral damage, hence killable or destroyable,” the paper continues. “In this way, no Palestinian in Gaza is safe by definition. This has had devastating, intentional effects, costing the lives of tens of thousands of Palestinians, destroying the fabric of life in Gaza, and causing irreparable harm to its entire population.”
As the UNSC finally passed a resolution calling for a ceasefire in #Gaza, the UN special rapporteur @FranceskAlbs's sobering new report lands:
Israel rejected the report as “an obscene inversion of reality.”
According to Palestinian and international humanitarian officials, Israel’s 171-day Gaza onslaught has killed at least 32,333 Palestinians, most of them women and children, while wounding nearly 75,000 others and displacing around 90% of Gaza’s 2.3 million people. Thousands more Palestinians are missing and believed to be dead and buried beneath the rubble of bombed buildings. Disease and deadly starvation caused and exacerbated by Israel’s siege and blockade of Gaza are spreading rapidly.
“Israel’s genocide on the Palestinians in Gaza is an escalatory stage of a long-standing settler-colonial process of erasure,” the draft report asserts. “For over seven decades this process has suffocated the Palestinian people as a group—demographically, culturally, economically, and politically—seeking to displace it and expropriate and control its land and resources.”
Referring to the flight and ethnic cleansing of more than 750,000 Arabs from Palestine during the foundation of the modern state of Israel in 1948, the paper contends that “the ongoing Nakba must be stopped and remedied once and for all. This is an imperative owed to the victims of this highly preventable tragedy, and to future generations in that land.”
“The ongoing Nakba must be stopped and remedied once and for all.”
The draft report urges U.N. member states to “enforce the prohibition of genocide in accordance with their… obligations” under international law. In January, the U.N.’s International Court of Justice (ICJ) found that Israel was “plausibly” perpetrating genocide in Gaza and ordered the country’s government to “take all measures within its power” to prevent genocidal acts. Human rights defenders say Israel has ignored the order.
“Israel and those states that have been complicit in what can be reasonably concluded to constitute genocide must be held accountable and deliver reparations commensurate with the destruction, death, and harm inflicted on the Palestinian people,” the publication argues.
The draft report recommends measures including:
Immediate implementation of an arms embargo on Israel, as it appears to have failed to comply with the binding measures ordered by the ICJ;
Immediate referral of the situation in Palestine to the International Criminal Court in support of its ongoing investigation;
Ensuring that Israel, as well as states who have been complicit in the Gaza genocide, acknowledge the colossal harm done, commit to nonrepetition, with measures for prevention and full reparations, including the full cost of the reconstruction of Gaza;
Deploying an international protective presence to constrain the violence routinely used against Palestinians in the occupied territories; and
Ensuring that the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is properly funded to enable it to meet the increased needs of Palestinians in Gaza.
Israel on Monday informed the U.N. that it will no longer allow UNRWA convoys carrying food aid into northern Gaza, even as the Palestinians are starving to death, a move that one humanitarian campaigner called a “death sentence.”
Israel has deliberately slowed the flow of aid to Gaza with hundreds of trucks stranded on the Egyptian side of the Rafah border at a time when over two dozen Palestinian children have died of malnutrition
UN agencies have repeatedly condemned Israel’s refusal to expedite the process of aid delivery to Gaza which has been under siege by Israel for nearly six months. This is despite repeated calls for urgency in the context of critical humanitarian conditions which are becoming worse with each passing day.
According to the latest alerts issued by the Integrated Food Security Phase Classification (IPC) on March 18, most of northern Gaza would move into the category five indicating the highest stage of food insecurity or catastrophic levels of hunger. The IPC explains that this would mean that Palestinian households would face “an extreme lack of food and extremely critical levels of acute malnutrition.”
The IPC has assessed that the region which continues to face Israeli bombing and ground offensive already faces category four levels of malnutrition with huge gaps between need and actual availability of food.
— The Integrated Food Security Phase Classification (@theIPCinfo) March 18, 2024
UNRWA has already confirmed that one in three children in northern Gaza are malnourished. In the last few weeks over 25 children have died due to the same. The situation in other parts of Gaza is approaching similar levels at an alarming speed.
The same day that the IPC released its findings, Philippe Lazzarini, the head of UNRWA, was denied entry to Gaza by Israeli authorities. In a post on X, Lazzarini wrote, “UNRWA has by far the largest presence among all humanitarian organizations in Gaza. My visit today was supposed to coordinate & improve the humanitarian response.”
He added, “This man-made starvation under our watch is a stain on our collective humanity. Too much time was wasted, all land crossings must open now. Famine can be averted with political will.”
The UNRWA head also noted that over 1.1 million people in Gaza facing phase five levels of starvation “is the highest number of people ever recorded as facing catastrophic hunger and is double the number of just three months ago.”
Beth Bechdol, deputy director general of the UN Food and Agricultural Organization (FAO) told Al-Jazeera on Tuesday that, almost half of the total population of Gaza is at the acute level of malnutrition and at the risk of ultimately death.
The United Nations Children Fund (UNICEF) stated on Sunday that thousands of Palestinian children in Gaza are so malnourished that they do not have enough “energy to cry.”
Over 13,000 Palestinian children have been killed in the Israeli war on Gaza which began on October 7. According to different UN agencies, as many children have been injured and now hundreds of thousands are being forced into starvation by Israel.
UNICEF’s Executive Director Catherine Russell had earlier made similar assertions saying that there are “very great bureaucratic challenges” which prevent the humanitarian aid to reach two million Palestinians in Gaza.
Israel has restricted the entry of the aid through land borders using different kinds of excuses, for example presence of scissors in the aid boxes or alleged overcrowding of Palestinians at aid distribution centers among others.
James Elder, UNICEF spokesperson, called the blocking of aid supplies to Gaza “outrageous.” He posted on X showing hundreds of trucks with humanitarian aid stranded at the Rafah border as Israel has not allowed them to enter Gaza.
Adele Khodr, UNICEF’s regional director for the Middle East and North Africa called for the opening of all crossings. “The world’s inaction is shocking as more children succumb to slow death. All border crossing must open now to allow unfettered access to humanitarian aid” Khodr said in the tweet on Tuesday.
A picture taken on November 27, 2023 shows a heavily damaged UNWRA school after Israeli strikes in the village of Khuzaa, near Abasan east of Khan Yunis near the border fence between Israel and the southern Gaza Strip. (Photo by Said Khatib/AFP via Getty Images)
“The work that UNWRA does cannot be overstated,” said Canadian lawmaker Salma Zahid. “It will save lives as we have seen the visuals of children dying of hunger in Gaza. The need for immediate aid is non-negotiable.”
The governments of Canada and Sweden have announced they will resume funding for the United Nation’s agency that provides humanitarian aide and protection to Palestinians living in Gaza and elsewhere—a move that other powerful nations, including Israel’s most powerful ally the United States, continue to refuse.
Calling the lack of humanitarian relief inside Gaza “catastrophic,” Canadian Minister of International Development Ahmed Hussen said Friday his nation would restore funding for the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) in order to help address the “dire” situation on the ground living.
Sweden made its announcement Saturday and said a $20 million disbursement would be made to help UNRWA regain its financial footing.
The restoration of funds follows weeks of global criticism and protest for the decision by many Western nations to withhold UNRWA funds after Israel claimed, without presenting evidence, that a few members of the agency—the largest employer in the Gaza Strip—had participated in the Hamas-led attacks of October 7.
As a result, UNRWA has said it’s ability to provide aide and services to Gaza—where over 100,000 people have been killed or wounded in five months of constant bombardment and blockade by the Israeli military—has been pushed to the “breaking point” as malnutrition and starvation has been documented among the displaced population of over 2 million people.
“Canada is resuming its funding to UNRWA so more can be done to respond to the urgent needs of Palestinian civilians,” Hussen said. “Canada will continue to take the allegations against some of UNRWA’s staff extremely seriously and we will remain closely engaged with UNRWA and the UN to pursue accountability and reforms.”
“I welcome Canada lifting the pause on funding for UNWRA,” said Canadian MP Salma Zahid, a member of the Liberal party representing Scarborough Centre in the House of Commons. “The work that UNWRA does cannot be overstated. It will save lives as we have seen the visuals of children dying of hunger in Gaza. The need for immediate aid is non-negotiable.”
Earlier this week, UNRWA Commissioner-General Philippe Lazzarini told a special meeting of the U.N. General Assembly the agency was “facing a deliberate and concerted campaign” by Israel “to undermine its operations, and ultimately end them.”
On Friday, Reuters reported on an internal UNRWA report that included testimony of employees who said they were tortured by Israeli officers while in detention to make false admissions about involvement in the October 7 attack.
UNRWA says that Israel tortured some of its employees "to make false statements against the Agency, including that the Agency has affiliations with Hamas and that UNRWA staff members took part in the 7 October 2023 atrocities.” https://t.co/cgqDr9wZOt
— Canadians for Justice and Peace in the Middle East (@CJPME) March 8, 2024
According to the reporting:
UNRWA communications director Juliette Touma said the agency planned to hand the information in the 11-page, unpublished report to agencies inside and outside the U.N. specialised in documenting potential human rights abuses.
“When the war comes to an end there needs to be a series of inquiries to look into all violations of human rights,” she said.
The document said several UNRWA Palestinian staffers had been detained by the Israeli army, and added that the ill-treatment and abuse they said they had experienced included severe physical beatings, waterboarding, and threats of harm to family members.
Michael Bueckert vice president of Canadians for Justice and Peace in the Middle East, said the new report was “more evidence that Canada’s political decision to suspend UNRWA funding was based on false allegations obtained through torture.”
“While the resumption of UNRWA aid is certainly welcome,” said Bueckert, “there needs to be accountability for the harm that Canada’s actions have caused.”
