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Legal questions raised by Israel’s ban on UNRWA?

Legal questions raised by Israel’s ban on UNRWA?

The ban sparked a wave of international condemnation and questions about the legitimacy of Israeli law.

Below is key information about this step:

What is UNRWA?

The United Nations General Assembly established UNRWA in 1949 to assist Palestinian refugees following the war that followed the Declaration of Establishment. IsraelWhen 700,000 Palestinians were displaced.

UNRWA has been working for decades in Gaza StripDuring the past year, it sought to help civilians who were stranded as a result of… The Israeli war on the Gaza StripMany of the population of 2.3 million suffer from a lack of shelter, food, and medical care.

What did the United Nations say?

The Secretary-General of the United Nations said António Guterres Israel’s embargo on UNRWA, if implemented, would violate international law, the United Nations Founding Charter and the United Nations Convention adopted in 1946.

In a letter to Israeli Prime Minister Benjamin NetanyahuYesterday, Tuesday, Guterres called for the continuation of UNRWA operations and said that Israel cannot use national law banning UNRWA “as a justification for not fulfilling its obligations under international law.”

What are Israel’s obligations?

Considered United Nations Gaza is occupied territory by Israel, and international law requires the occupying power to approve and facilitate relief programs for those entitled to them “by all means available to it.”

In his letter, Guterres also wrote that Article II of the UN’s Founding Charter requires Israel “to provide the United Nations with all assistance” in its work.

He also referred to another legal issue, which is the Convention on the Privileges and Immunities of the United Nations, which was adopted by the General Assembly in 1946 and deals with diplomatic privileges and immunities granted to United Nations operations.

He pointed out that there is a disagreement in the interpretation or application of the agreement between the United Nations and Israel, and that such cases could be referred to the International Court of Justice.

What did Israel say?

“Israel will continue to facilitate humanitarian aid in… Gaza In accordance with international law.”

However, Israel claims that UNRWA was complicit in the attack launched by Hamas fighters on Israel on October 7, 2023.

Danon said that the agency “has come under the control of Hamas,” and added that UNRWA “has failed in performing its mission and is no longer the appropriate agency for this mission.”

The United Nations said in August that 9 UNRWA employees may have participated in the attack launched by Hamas on Israel on October 7, 2023, and were dismissed.

What are the legal implications?

In response to Israel’s ban on UNRWA and other obstacles to aid, she said Norway Yesterday, Tuesday, it said it would submit a draft resolution to the United Nations General Assembly to request an opinion International Court of Justice Regarding Israel’s obligations.

The question before the highest court of the United Nations is: Does Israel violate international law when it prevents the United Nations, international humanitarian organizations and states from providing humanitarian aid to Palestinians under occupation?

The court’s opinion will be advisory and non-binding under international law, but will carry legal and political significance.

The court, based in The Hague, has no executive powers, so some countries have ignored advisory opinions and binding rulings in the past.

And he said Norwegian Minister of Foreign Affairs Espen Barth Eide told Reuters that Norway hopes to put the draft resolution to a vote in the General Assembly in the coming weeks, as it is likely to be adopted.

“Clarifying what is legal and what is illegal still makes sense, even if it does not translate into political change overnight,” Eddy said.

What about American law?

Under US foreign aid law, you can’t Washington Providing military aid to countries that directly or indirectly obstruct the delivery of American humanitarian aid.

The United States told Israel in a letter on October 13 that it must take steps within 30 days to improve the humanitarian situation in Gaza or face potential restrictions on access. US military aid.

Israel also warned in the letter against approval UNRWA ban Because of the humanitarian impact on Gaza and the occupied West Bank, but that was not included as a condition for avoiding US action.

“There may be consequences under US law and US policy for implementing this legislation,” State Department spokesman Matthew Miller told reporters on Tuesday.



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