Explained | Countries pausing funding for UNRWA might be violating genocide convention. Here’s how

Tel Aviv, Israel

Over a dozen countries, including the United States and more recently Japan, have suspended funds for the United Nations agency for Palestinian refugees after Israel accused some of its employees of participating in the October 7 attack by Hamas. However, a UN expert said that these countries may be violating the World Court order to provide effective aid in Gaza. 

Why are countries pausing the funding to Gaza?

At least 14 countries, including top donors like the US and Germany, have paused funding for the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), amid accusations by Israel that their staff participated in the October 7 attack by the Palestinian militant group Hamas. 

The allegations led to the UNRWA terminating several employees based on the information provided by Israeli authorities. However, many countries are now hesitant to continue the UN agency funding and calling for a thorough investigation. 

New Zealand, on Tuesday (Jan 30) joined a growing number of countries: Australia, Austria, Canada, Finland, France, Germany, Italy, Japan, Netherlands, Norway, Switzerland, the United Kingdom, and the US, to halt the funding to the UNRWA. 

Meanwhile, the European Union, one of UNRWA's top donors, on Monday (Jan 29) demanded an "urgent" audit of the UN agency for Palestinians. 

A commission statement said the EU executive "will determine upcoming funding decisions...in light of the very serious allegations made on 24 January relating to the involvement of UNRWA staff in the heinous 7 October attacks". It also said no additional funding to UNRWA "is foreseen until the end of February".

The Palestinian militant group Hamas’ October 7 attack on Israel resulted in the killing of 1,200 people, mostly civilians, and around 240 people were taken to Gaza as hostages, according to Israeli officials. Approximately more than 100 people are still said to be in Hamas captivity. 

Israel has since retaliated with constant bombardment and ground operation in the Palestinian enclave killing more than 26,000 people, mostly women and children, according to the Hamas-run health ministry.  

UN responds to suspension of aid

The UNRWA chief Philippe Lazzarini in a statement, on Saturday (Jan 27) slammed what he called “shocking” suspensions of funding. 

“It is shocking to see a suspension of funds to the agency in reaction to allegations against a small group of staff, especially given the immediate action that UNRWA took by terminating their contracts and asking for a transparent independent investigation,” said Lazzarini, in a statement. 

“Palestinians in Gaza did not need this additional collective punishment,” the UNRWA chief said on X and added “This stains all of us.”

Meanwhile, UN chief Antonio Guterres on Sunday (Jan 28) urged the donor states to “guarantee the continuity” of funds to the UNRWA. He added, “The abhorrent alleged acts of these staff members must have consequences.” 

However, Guterres said, “tens of thousands of men and women who work for UNRWA, many in some of the most dangerous situations for humanitarian workers, should not be penalized.”

“Any UNRWA employee involved in acts of terror will be held accountable, including through criminal prosecution,” Lazzarini assured when the allegations were first levelled against the agency’s staff.

Are the countries violating international law?

UN special rapporteur for the occupied Palestinian territories, Francesca Albanese, warned that the decision taken by several countries to pause the funding to the UNRWA “overtly defies” the order by the International Court of Justice (ICJ) to allow effective humanitarian assistance to reach Gazans. 

“This will entail legal responsibilities - or the demise of the (international) legal system,” said the UN expert, in a post on X. 

Albanese is referring to one, among the series of provisional measures on Israel given by the ICJ which included “order to allow effective humanitarian assistance ‘to address the adverse conditions of life faced by Palestinians in Gaza’”. 

The court order stated, “Israel must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.”

The UN judges gave an interim ruling on January 26 as the World Court continues to hear the case brought by South Africa accusing Israel of state-led genocide in the Gaza Strip amid its ongoing operation in the blockaded Palestinian enclave. 

The UN special rapporteur, an independent expert who does not speak on behalf of the United Nations, also went on to highlight the timing that the announcements were made by several countries. 

“The day after ICJ concluded that Israel is plausibly committing genocide in Gaza, some states decided to defund UNRWA,” said Albanese, in a separate post on X. 

She also noted that by pausing the funding, countries are “collectively punishing millions of Palestinians at the most critical time, and most likely violating their obligations under the Genocide Convention”. 

Meanwhile, an American International law professor Francis Boyle at the University of Illinois College of Law, who also serves as a legal adviser to the Provisional Government of the Palestinian Authority, in an interview with MSNBC called the suspension of funding “inconsistent” with the court order. 

The governments who have made this decision without any due process or investigation, according to Boyle, are in violation of Article 2(c) of the Genocide Convention, which states “Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.”

It is also worth noting that in its 29-page court order, the UN judges did indicate that they see a credible risk to Palestinians under the Genocide Convention, saying that “there is a real and imminent risk that irreparable prejudice will be caused to the rights claimed before the Court gives its final decision.”

“South Africa does not need to prove that Israel is committing genocide,” Juliette McIntyre, an international law expert told AFP ahead of the interim ruling, adding that they “simply need to establish that there is a plausible risk of genocide occurring.” 

Experts ahead of the vote also said if the court decides there is a risk of genocide in Gaza, it could still have a ripple effect, particularly on the nations which support Israel politically or militarily. 

Israel’s accusations against UNRWA staff

In his Sunday statement, the UN chief said 12 UNRWA employees were cited in the accusations by Israel out of which one is dead, nine have been fired and the “identity of the two others is being clarified.” 

Meanwhile, news agency Reuters, on Monday (Jan 29) reported that Israeli intelligence released a six-page dossier which alleges that some 190 UNRWA employees, including teachers, have doubled as Hamas or Islamic Jihad militants.

One of the 11 accused is said to be a school counsellor who allegedly provided unspecified assistance to his son in the abduction of a woman during the Hamas infiltration. 

Another UNRWA social worker, according to Reuters, has been accused of coordinating the movements of pick-up trucks used by the raiders and of weapons supplies.

Another Palestinian working for the UN agency is accused of participating in an attack on Reim, the site both of an army base and the Supernova music festival where, according to Israeli officials, more than 360 revellers were killed. 

The Reuters report, citing an anonymous source, also said that the report had been compiled by Israeli intelligence and was shared with the US, which was among the first countries to suspend funding for UNRWA, on Friday (Jan 26). 

UNRWA’s role in Gaza

On Monday (Jan 29), the UN agency said that it would not be able to continue operations in Gaza and surrounding regions after the end of February without any new funding.

Notably, the UNRWA plays a significant role in the Palestinian enclave and helps provide education, health and aid services to two-thirds of Gaza’s 2.3 million population. 

Therefore, without any further aid, the future of millions of Palestinians hangs in balance amid the ongoing war and deteriorating humanitarian situation in Gaza.

(With inputs from agencies)

Disclaimer: WION takes utmost care to accurately and responsibly report ongoing developments on the Israel-Palestine conflict after the Hamas attacks. However, we cannot independently verify the authenticity of all statements, photos and videos.