Justice Department backs U.N. claim relief workers accused of aiding Hamas are immune

"The Justice Department (DOJ) has sided with the United Nations in defending in court its relief agency for Palestinians after some workers were found to have likely been involved in the Oct. 7 terrorist attacks in Israel.

The United Nations Relief and Works Agency for Palestine Refugees (UNRWA) fired at least nine of its employees in August after finding that they likely participated in the Hamas slaughter of 1,200 people, including more than 30 Americans.

Victims of the massacre and their families sued UNRWA in a New York federal court, accusing the group and the individuals involved of aiding and abetting Hamas ‘in the commission of international torts.’

The United Nations (U.N.) says the lawsuit should be dismissed, claiming the charter between the U.S. and the U.N. gives the group and its subsidiaries diplomatic immunity. ‘Since the U.N. has not waived immunity in this instance, its subsidiary, UNRWA, continues to enjoy absolute immunity from prosecution, and the lawsuit should be dismissed,’ the U.N. stated in response.

U.S. Attorney Damian Williams of the Southern District of New York filed a brief in July supporting that argument, saying, ‘In light of the United Nations’ immunity, the Court lacks subject matter jurisdiction over the United Nations.’...

Anne Bayefsky, president of Human Rights Voices and Director of the Touro Institute on Human Rights and the Holocaust, says that the practical effect of DOJ's position is ‘unaccountabillity’ for UNRWA.

‘Regardless of the empty protestations to the contrary, the practical effect of the DOJ position is to contribute to unaccountability for UNRWA and its employees despite their demonstrable connections to Hamas and heinous behavior on multiple fronts,’ Bayefsky said.

‘Legally-speaking immunity applies here when employees act within the boundaries of their official capacities. So is the DOJ now arguing that aiding and abetting an officially-designated terrorist organization is just UNRWA doing its job?’ she added..."