UNRWA’s conduct in Gaza severely undermines the UN’s neutrality and credibility, and also violates the principles and spirit of UN Security Council Resolution 1373, Article 2 (ratified September 2001, shortly after the horrific September 11th attacks), that stipulates that all States shall: “(A) Refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of members of terrorist groups and eliminating the supply of weapons to terrorists… (C) Deny safe haven to those who finance, plan, support, or commit terrorist acts, or provide safe havens.”
This refers to states, and surely also applies to UN agencies funded by the same states who supported this resolution.
Matters are not so simple, as UN employees enjoys legal immunity. So in point of fact, Israel cannot prosecute them as of now.
According to Article II Section 2 of the Convention on the Privileges and Immunities of the United Nations (1946): “The United Nations, its property and assets wherever located and by whomever held, shall enjoy immunity from every form of legal process.”
Israel could demand that the UN Secretary General exercise his authority to waive this immunity, or provide appropriate alternative modes by which to rectify the harm caused by UNRWA and compensate the families and civilians that were hurt by missiles fired at them.
Israel could claim that the secretary general must waive UNRWA’s immunity on the grounds that the 1946 Convention on the Privileges and Immunities of the United Nations (Article V Section 20) also states:
“Privileges and immunities are granted to officials in the interest of the United Nations… The Secretary General shall have the right and the duty to waive the immunity of any official in any case where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the United Nations.”
Giving safe haven to terrorists, it goes without saying, impedes the course of justice.
Israel could also claim UNRWA doesn´t enjoy immunity at all, as under Article 105(2) of the UN Charter, UN officials possess “such privileges and immunity as are necessary for the independent exercise of their function in connection with the Organization.” In other words, this immunity is granted to them while they´re doing their job and not while they´re doing something else.
Some might believe that UNRWA’s role is to assist Hamas fight Israel and shoot missiles at civilians, but in fact, UNRWA’s mandate as defined by UN General Assembly Resolution 302 (December 1949) is formulated thus: “to prevent conditions of starvation and distress among Palestine refugees and to further conditions of peace and stability…”.
UNRWA employees enjoy immunity only while doing their job according to the mandate granted to them by the UN General Assembly. We need to ask: Does this mandate include brainwashing children about the right of return? Does it include teaching boys and girls that Israel has no right to exist? Does it include demonizing Jews in general and Israel in particular ? It certainly doesn´t include handing over weapons to Hamas and targeting Israeli civilians.
These criminals should be prosecuted.
