Israeli Attorney Alleges UNRWA Operates as Hamas Arm in Groundbreaking Oct. 7 Lawsuit

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Speaking at the United Nations on July 1, Ambassador Jeff Bartos stated that donors may either continue funding the United Nations Relief and Works Agency for Palestine Refugees or opt for an alternative framework that promises Gazans peace, prosperity, and lasting change. (Credit: UNTV)

A lawsuit filed by the family of an October 7, 2023 attack victim against the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has intensified scrutiny over the agency’s future in Gaza.

Israeli civil rights lawyer and Shurat HaDin Law Center president Nitsana Darshan-Leitner informed Fox News Digital that she filed the suit in Jerusalem’s District Court on behalf of 21‑year‑old Yonatan Samerano’s family. Samerano was killed outside Kibbutz Be’eri after escaping the Nova music festival on October 7, 2023, and his remains were returned to his family after 625 days in captivity, during the final phase of the hostage exchange, she said.

According to Darshan-Leitner, after terrorists shot Samerano, UNRWA employees retrieved his body, placed it in a UNRWA vehicle and transported it to Gaza. She said the agency never disclosed the location of the body, did not cooperate with Israeli authorities to reveal where Samerano was held, and never admitted that its staff were involved, prompting the lawsuit on behalf of his family.

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Israeli forces recovered Samerano’s body after it had been taken to Gaza by terrorists who were allegedly UNRWA employees. (Hostages and Missing Families Forum Headquarters)

The main obstacle to suing UNRWA is its diplomatic immunity under the UN Charter and the Convention on the Privileges and Immunities of the United Nations. Darshan-Leitner noted that the charter forbids any violence, including terrorism, and argued that because UNRWA allegedly aided terrorist groups and took part in terrorist acts, it should lose that immunity.

In December, the Israeli Knesset approved a measure that removes UNRWA’s diplomatic immunity, enabling the state to seize UNRWA properties in East Jerusalem.

United Nations Relief and Works Agency (UNRWA) building in Gaza, June, 2023. (Ahmed Zakot/SOPA Images/LightRocket via Getty Images)

Having lost its immunity, the Samerano family is seeking punitive damages of 24 million new Israeli shekels (about $8 million) under Israel’s Compensation for Victims of Terrorism Law. When the deadline for UNRWA to file its defence passed last week, Darshan-Leitner said the agency requested a 45‑day extension.

UNRWA did not reply to requests for comment regarding its immunity status or its response to the lawsuit brought by Samerano’s family.

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This picture taken during a media tour organised by the Israeli army on February 8, 2024, shows Israeli soldiers inside an evacuated compound of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) in Gaza City. (Jack Guez/AFP via Getty Images)

Stéphane Dujarric, spokesperson for UN Secretary‑General António Guterres, told Fox News Digital that Guterres has repeatedly said the Knesset law and its amendments clash with UNRWA’s status and the international legal framework, noting that the agency’s immunities derive from the UN Charter and the Privileges and Immunities Convention, which remain in force.

While Guterres stressed that any UNRWA employee proven to have taken part in the October 7 attack must be held accountable, he added that whenever Israeli authorities provide such information, the UN acts on it.

UNRWA’s future role in Gaza has been heavily debated in recent months. As the USAID Office of Inspector General and NGO Watch uncover more evidence of Hamas infiltration within UNRWA, Finland, Sweden and the United States have completely halted funding to the agency.

Hamas terrorists emerge in a show of strength escorting Red Cross vehicles carrying 3 Israeli hostages to be released as part of the cease‑fire deal. (TPS‑IL)

The Board of Peace, tasked with Gaza’s reconstruction, has said that UNRWA will have no part in the Strip’s future.

However, the Associated Press reported on September 25 that Board of Peace members appear more willing to cooperate with the UN Palestine agency than previously indicated, noting that an official confirmed the board has met several times with UNRWA representatives.

The Board of Peace replied on X, stating that its policy regarding UNRWA’s involvement in Gaza remains unchanged: it will only cooperate with trusted partners who can deliver for Gazans and help create a deradicalized strip, adding that UNRWA does not meet those criteria.

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Displays featuring what organizers say are UNRWA facilities and personnel involved in terrorist activities. Displayed at the ‘Return to October’ exhibition in Israel. (Amelie Botbol for Fox News Digital)

A U.S. official told Fox News Digital that the evidence shows UNRWA is increasingly serving as a conduit for instability, violence and radicalization, and therefore has no role in Gaza’s future humanitarian efforts. At the same time, the official said many capable and dedicated service providers operate in Gaza today, and after thorough vetting and background checks they can meet the high standards needed to deliver essential goods and services to Palestinians. They anticipate many will welcome the chance to partner with credible NGOs, other UN bodies or the National Committee for Gaza Administration, noting that after an orderly wind‑down UNRWA will no longer be essential to achieving Gaza’s reconstruction goals.

Guterres continues to back the organization. Speaking at the Ministerial Meeting on UNRWA on September 24, he said UNRWA remains a vital stabilizing presence.

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Memorials at the site of the Oct. 7 Hamas terror attack on the Supernova music festival near Kibbutz Re’im, Israel, on Monday, May 27, 2024. (Kobi Wolf/Bloomberg via Getty Images )

“For years, UNRWA has operated under immense pressure. I have repeatedly condemned in the strongest terms the heinous attacks by Hamas and other armed Palestinian groups against Israel on October 7, 2023. Since then, UNRWA staff in Gaza have suffered severe losses and hardship, with nearly 400 workers killed and hundreds of facilities either inaccessible, badly damaged, or completely destroyed,” Guterres said.

Guterres added that a relentless political campaign has sought to sway public opinion, hinder UNRWA’s operations, and deny the rights of Palestinian refugees. He urged UN member states to take immediate political and financial steps to support the agency and safeguard its mandate.

Darshan-Leitner warned that permitting UNRWA to keep operating in Gaza would be problematic, claiming the agency has indoctrinated Palestinian refugees and allowed terrorist groups to infiltrate its schools and educational facilities. She noted that UNRWA installations have been used by Hamas as bases, launch sites and missile depots, endangering Gazan civilians and increasing the risk of collateral damage should Israel respond to attacks.

“If the Board of Peace aims to re‑educate Gazans to dismantle the terrorist network and separate militants from civilians, it cannot succeed while UNRWA remains present, because the agency is intertwined with Hamas—indeed, UNRWA effectively is Hamas. Allowing UNRWA to meet the humanitarian needs of Gaza’s population would be a serious mistake,” Darshan‑Leitner said.

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