Justice Department backs UN's claim that aid workers who allegedly supported Hamas have immunity

The Department of Justice (DOJ) has sided with the United Nations in defending a Palestinian relief agency in court after it emerged some of its employees may have been involved in the October 7 terror attack in Israel.

The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) fired at least nine staff members in August after they were found to be likely involved in the Hamas massacre of 1,200 people, including more than 30 Americans.

Massacre victims and their families have filed a lawsuit against UNRWA in New York federal court, accusing the organization and its associates of aiding and abetting Hamas' “internationally illegal acts.”

The UN argues that the US and UN charters give the organization and its affiliates diplomatic immunity and that the lawsuit should be dismissed. The UN responded, “The United Nations has not waived its diplomatic immunity in this case, and therefore its affiliate UNRWA continues to enjoy absolute immunity from prosecution and the lawsuit should be dismissed.”

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Damien Williams, the US Attorney for the Southern District of New York, filed a brief in support of this argument in July, stating that “given the UN's immunity, the Supreme Court lacks subject matter jurisdiction over the United Nations.”

“The United States recognizes and regrets the enormous loss suffered on October 7,” the report said, adding that “the United States takes no position on the factual allegations in the Complaint.”

“The United Nations has complete immunity from suit or legal process unless it expressly waives that immunity,” Williams said, citing the UN Charter, which the United States joined in 1945. The charter states that the UN “enjoys within the territories of its Members such privileges and immunities as are necessary for the accomplishment of its purposes.”

Similarly, the individual defendants in the lawsuit enjoy immunity from lawsuits as UN officials, the brief states.

The Justice Department report noted that the victims' lawsuits allege that UNRWA “knowingly provided financial and material support to Hamas' construction of a 'terror infrastructure' leading up to the October 7 attacks, helped build Hamas command and control centers, allowed weapons storage on UNRWA facilities, hid rockets and rocket-launch materials on UNRWA grounds, and indoctrinated children against Israel through UNRWA's selection of Hamas-approved textbooks for schools.”

The lawsuit also alleges that UNRWA “knew that several of its local staff had ties to Hamas and paid them in a manner intended to further enrich Hamas,” according to Williams' brief.

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Qatar's Emir Sheikh Tamim bin Hamad Al Thani addresses the 79th session of the United Nations General Assembly on Tuesday, September 24, 2024. (AP Photo/Richard Drew)

Mark Goldfeder, president of the National Jewish Advocacy Center, said the Justice Department report outlining the scope of UNRWA's immunity was “based on a lot of speculation” and showed the administration's lack of appetite for going after sponsors of terrorism.

“There are also multiple technical arguments that UNRWA does not in fact have immunity,” Goldfeder said in a statement to the Justice Department about X.

“The above treaties are not automatically implemented and UNRWA is merely an associated organization and was never designated under the International Organizations Immunity Act of 1945,” he continued. “It is unfortunate that instead of discussing these points, you have chosen to simply assume that UNRWA's position is correct.”

“Perhaps the most egregious assumption you're accepting is the notion that the claims plaintiffs make here against all of the individual defendants relate to acts or omissions they committed in the performance of their official duties,” Goldfeder said.

Israel's UN ambassador denounces UNRWA, alleging it has been hijacked by Hamas terrorists in Gaza

Palestinians protest outside the United Nations Relief and Works Agency for Palestine Refugees in the Near East in Gaza City on June 20, 2023, in protest against cuts to food aid for refugees. (Photo: Majdi Fathi/TPS)

“Plainly put… (the complaint) is replete with allegations that the defendants aided and abetted Hamas, and that they did so knowingly, willingly and convictedly.”

“So your argument is that all these actions should have been taken by UNRWA?” Goldfeder asked on the social media platform.

In an interview with Fox News Digital, Goldfeder argued, “The fundamental premise that makes this case so insane is that the UN is claiming that immunity from civil lawsuits for invading other countries and slaughtering their people is necessary for it to function, and the Biden-Harris administration has just filed a motion to agree with that. So if you believe immunity for genocide is necessary for the UN to function, then maybe it's time to completely rethink the UN.”

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Anne Bayefsky, president of Human Rights Voice and director of the Touro Institute on Human Rights and the Holocaust, said the practical effect of the Justice Department's position is a “lack of accountability” for UNRWA.

“Despite hollow statements to the contrary, the practical effect of the Justice Department's position is to contribute to the failure to hold UNRWA and its staff accountable, despite their clear ties to Hamas and their heinous actions on multiple fronts,” Bayevsky said.

“Legally speaking, immunity applies when officials act within the scope of their duties. So is the Department of Justice arguing that UNRWA is simply carrying out its duties by aiding an officially designated terrorist organization?” she added.

UNRWA and the US Attorney's Office for the Southern District of New York did not respond to Fox News Digital's requests for comment.