Family of Oct. 7 Victim Sues UNRWA, Citing Allegations of Hamas Involvement

A legal battle initiated by the family of an October 7th attack victim against the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is intensifying scrutiny over the agency's future operations in the Gaza Strip. The lawsuit alleges that UNRWA workers were involved in the kidnapping of the body of Yonatan Samerano, who was killed after fleeing the Nova music festival.

Nitsana Darshan-Leitner, an Israeli civil rights attorney and president of the Shurat Ha Din Law Center, stated that the suit was filed on behalf of Samerano's family. Samerano, 21, was murdered outside Kibbutz Be'eri. According to Darshan-Leitner, after Samerano was shot, his body was transported to Gaza in an UNRWA vehicle by UNRWA workers. The agency allegedly did not disclose the body's location or cooperate with Israeli authorities.

UNRWA has faced allegations of Hamas infiltration, leading several countries, including the U.S., Finland, and Sweden, to suspend funding. The agency's diplomatic immunity, typically granted by the UN Charter and the Convention on the Privileges and Immunities of the United Nations, has been a significant hurdle in legal proceedings. However, the Israeli Knesset passed legislation in December to strip UNRWA of this immunity, enabling the government to expropriate UNRWA properties in East Jerusalem.

In light of UNRWA's loss of immunity, Samerano's family is seeking NIS 24 million (approximately $8 million) in punitive damages under Israel's Compensation for Victims of Terrorism Law. UNRWA requested a 45-day extension to file its defense in the case.

UNRWA has not responded to requests for comment regarding the litigation or the status of its immunity. United Nations Secretary-General António Guterres' spokesperson, Stéphane Dujarric, previously stated that the Knesset law is inconsistent with UNRWA's international legal framework. Guterres has affirmed that any UNRWA personnel demonstrated to have participated in the October 7th attack must be held accountable and that the UN has acted upon information provided by the Israeli government.

A U.S. official commented that evidence suggests UNRWA has become a "vehicle for instability, violence and radicalization" and has "no place in Gaza's future humanitarian operations." The official expressed confidence that vetted service providers can manage future humanitarian efforts in Gaza without UNRWA.

Despite the ongoing controversy, Guterres has maintained that UNRWA remains a "critical stabilizing presence." He has condemned the October 7th attacks and highlighted the hardships faced by UNRWA personnel in Gaza, with nearly 400 killed. Guterres also cited a "ceaseless political campaign" aimed at undermining the agency and called on U.N. Member States to provide political and financial support to UNRWA.

The Board of Peace, an entity tasked with Gaza's reconstruction, has stated that UNRWA will not be involved in the Strip's future. However, reports indicate that board members have met with UNRWA officials. The Board of Peace later clarified on X that its policy remains unchanged, stating it will only work with trusted partners who contribute to a "deradicalized Strip," and that UNRWA fails these criteria.

Darshan-Leitner argued that UNRWA's continued presence in Gaza is problematic, alleging that the agency indoctrinates refugees and allows terrorist organizations to infiltrate its facilities, which she claims have been used by Hamas for military purposes. She asserted that UNRWA is "embedded in Hamas" and that allowing it to manage humanitarian needs would be a "fatal mistake."