Confiscating the UNRWA headquarters land in Jerusalem and settling on it: Israel’s new form of Palestinian punishment

Since the start of the Israeli genocidal war on Gaza, Israel’s official attack on the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) has intensified, to the point of becoming a “legalized” or “institutionalized” attack. The reason for this aggression lies in the symbolic significance UNRWA holds, representing an international acknowledgment of the Palestinian refugee crisis and their right to return.

This attack reached its peak when Israel accused UNRWA employees in Gaza of being involved in the October 7 attack. The details of the Israeli accusations, along with UNRWA’s responses, have since reached absurd levels.

The New York Times revealed that Israel accused a UNRWA employee of plotting, alongside his son, to kidnap an Israeli woman, and accused a social worker of helping to bring the body of an Israeli soldier into Gaza. However, UNRWA invalidated the allegations when it responded that two of the accused had died before the charges were even made!

Last week, the Israel Land Authority announced the confiscation of the land on which the UNRWA headquarters is located in the Sheikh Jarrah neighborhood of Jerusalem. According to Israeli media, the site, which serves as the agency's main office in Palestine, will be transformed into a settlement outpost with 1,440 housing units.

Despite many countries retracting their initial support for Israel’s stance and freezing aid to UNRWA, with no final charges confirmed, Israel has not stopped targeting the UN agency. In Gaza, Israel killed UNRWA staff and bombed its facilities, the latest being the agency’s office in Jabalia refugee camp, which was struck last Wednesday.

In addition to these attacks, the Israel Land Authority last week announced the confiscation of the land on which the UNRWA headquarters is located in the Sheikh Jarrah neighborhood of Jerusalem. According to Israeli media, the site, which serves as the agency's main office in Palestine, will be transformed into a settlement outpost with 1,440 housing units.

This plan comes in tandem with, and perhaps as a culmination of, a series of draft laws and bills presented in the Knesset. The latest of these was passed by the Knesset’s General Assembly on October 6, 2024, which effectively nullifies the agreement between Israel and UNRWA that dates back to 1967.

The symbolic importance of UNRWA in a city like Jerusalem

Founded in 1949, UNRWA provides services to over five million Palestinian refugees from its headquarters in Sheikh Jarrah, occupied East Jerusalem. The agency’s sensitive location, which Israelis consider part of their “entire capital,” makes it a constant point of tension and confrontation.

"UNRWA is not just an international relief organization; it is a living symbol and tangible witness to the Palestinian right of return, which Israel seeks to erase.”

On May 30, 2024, the Israeli government demanded that UNRWA vacate its headquarters and pay millions of shekels in overdue rent for the years the agency has used the property.

This official move coincided with a public protest led by Israeli right-wing groups in recent months. Protesters gathered outside UNRWA’s headquarters in Jerusalem, calling for its closure.

Jerusalem-based researcher Dimitri Diliani tells Raseef22, "UNRWA is not just an international relief organization; it is a living symbol and tangible witness to the Palestinian right of return, which Israel seeks to erase."

He adds, "Its existence is a daily reminder to the world that the Palestinian refugee issue remains unresolved. It also serves as a recognition of the world’s historical and legal responsibility toward Palestinian refugees, embodying the international commitment to the right of return and compensation—something Israel is attempting to obliterate through its oppressive and colonial projects."

UNRWA serves as a recognition of the world’s historical and legal responsibility toward Palestinian refugees, embodying the international commitment to the right of return and compensation—something Israel is attempting to obliterate through its oppressive and colonial projects."

The role of the UNRWA has gone beyond merely providing services such as food, bread, and education. It has become an integral part of the lives of Palestinian refugees, a unifying entity for their communities in Palestine and the diaspora.

Israel punishes UNRWA with its laws

Several members of the Israeli Knesset have proposed laws that classify UNRWA as a terrorist organization, allowing Israel to confiscate all its properties and assets in Israel, Gaza, and the West Bank. These proposals also aim to ban its activities, strip its employees of the legal protections granted to UN employees, and divert its funds to a compensation fund for those “affected by Palestinian operations.”

On October 6, 2024, the same day Israel announced the confiscation of the land housing UNRWA’s Jerusalem headquarters, the Israeli Foreign Affairs and Defense Committee approved a bill that cancels the 1967 agreement between UNRWA and the Israeli government regarding the agency’s activities in the West Bank and Gaza.

Several members of the Israeli Knesset have proposed laws that classify UNRWA as a terrorist organization, allowing Israel to confiscate all its properties and assets in Israel, Gaza, and the West Bank. These proposals also aim to ban its activities, strip its employees of the legal protections granted to UN employees, and divert its funds to a compensation fund for those “affected by Palestinian operations.”

The draft law prohibits Israeli government officials from engaging with UNRWA or having any contact with the agency, effectively barring Israel's Ministries of Interior and Foreign Affairs from issuing work permits or entry visas to UNRWA employees.

UNRWA headquarters in Sheikh Jarrah, Jerusalem

Additionally, the bill prevents Israeli customs authorities from granting tax and customs exemptions on goods imported by UNRWA into Palestinian territories, particularly humanitarian aid.

Sami Mshasha, former official UNRWA spokesperson, tells Raseef22, "Israel’s classification of UNRWA as a terrorist organization is part of a plan that was set in motion before October 7, 2023. This plan began in 2018 when former US President Donald Trump cut funding to UNRWA, giving Israel the green light to start punitive measures against the agency."

"Israel’s classification of UNRWA as a terrorist organization is part of a plan that was set in motion before October 7, 2023. This plan began in 2018 when former US President Donald Trump cut funding to UNRWA, giving Israel the green light to start punitive measures against the agency. Trump's decision was followed by a series of legislative actions and media campaigns aimed at demonizing UNRWA by accusing its staff of collaborating with Palestinian factions and inciting hatred and violence."

"Trump's decision was followed by a series of legislative actions and media campaigns initiated by Israel’s Ministry of Strategic Planning aimed at demonizing UNRWA by accusing its staff of collaborating with Palestinian factions and inciting hatred and violence," Mshasha adds.

Mshasha views the legislative proposals in the Knesset as a reflection of the ongoing assault against the agency, noting that these proposals were unanimously approved by the Foreign Affairs and Defense Committee. After the Knesset recess, the bills are set for a second and third reading, with final votes scheduled for October 28, 2024.

Mshasha sees that “the introduction of these bills in the Knesset came as one of the manifestations of the fight against the agency, and they were unanimously voted on and approved by the Foreign Affairs and Defense Committee. After the Knesset recess, the bills will be voted on in their second and third readings when the Knesset reconvenes on October 28, 2024.”

Researcher Diliani stresses that "the Knesset's approval of the bill in its first reading is a significant development. If these laws are passed in the third reading, they will cancel the 1967 Comay-Michelmore Agreement between UNRWA and Israel, which guarantees the facilitation of UNRWA’s operations in the West Bank and Gaza. This included protecting its staff and installations, ensuring the free movement of its vehicles and personnel throughout the occupied Palestinian territories, and granting it tax exemptions."

"We will witness an escalation in Israeli attacks against UNRWA and its institutions, which could extend to illegal measures such as the actual confiscation of UNRWA property. These punitive measures send a clear message to the world: Israel is attempting to erase any evidence of the Palestinian right of return, and is trying to rewrite history again by erasing the most prominent witness to the crimes of ethnic cleansing and forced displacement committed in 1948, as well as any legal or political pathways that uphold the rights of Palestinian refugees."

He adds, "We will witness an escalation in Israeli attacks against UNRWA and its institutions, which could extend to illegal measures such as the actual confiscation of UNRWA property. These punitive measures send a clear message to the world: Israel is attempting to erase any evidence of the Palestinian right of return, and is trying to rewrite history again by erasing the most prominent witness to the crimes of ethnic cleansing and forced displacement committed in 1948, as well as any legal or political pathways that uphold the rights of Palestinian refugees."

How will these laws and decisions play out on the ground?

Mshasha believes that the implementation of the law, which passed its first reading, will begin with the revocation of the camp status of the Shuafat refugee camp, the only camp within Jerusalem's borders, and the expulsion of UNRWA from its main headquarters in Sheikh Jarrah.

He continues, "Efforts will accelerate to end UNRWA’s operations in Areas B and C of the West Bank—the areas under full Israeli security control—and restrict its work in Area A, which is controlled by the Palestinian Authority. Since most refugee camps are located in Areas B and C, this would result in the near-complete absence of UNRWA’s operations in Palestine, with significant consequences in terms of services, politics, and legal repercussions."

According to The Jerusalem Post, Israel's Land Authority is responsible for the confiscation of the land on which UNRWA’s headquarters in Jerusalem is located, with plans to turn the site into a major settlement containing 1,440 housing units.

UNRWA Commissioner-General Philippe Lazzarini warned the UN Security Council: "Senior Israeli officials have described destroying UNRWA as a war goal. If these legislative bills are adopted, the consequences will be devastating. Operationally, the entire humanitarian response in Gaza—which rests on UNRWA's infrastructure—may disintegrate."

UNRWA Commissioner-General Philippe Lazzarini warned the UN Security Council, stating, "Senior Israeli officials have described destroying UNRWA as a war goal," highlighting that 226 UNRWA personnel have been killed in the past year alone.

Lazzarini added, "If these legislative bills are adopted, the consequences will be devastating. Operationally, the entire humanitarian response in Gaza—which rests on UNRWA's infrastructure—may disintegrate."

Israeli political parties' stance on UNRWA

There is a near-consensus within the Israeli Knesset regarding the government's actions against the UNRWA. Both coalition and opposition parties agree on punishing the agency and approving punitive measures against it.

There is a near-consensus within the Israeli Knesset regarding the government's actions against the UNRWA. Both coalition and opposition parties agree on punishing the agency and approving punitive measures against it.

A bill had previously been passed in its first reading in the Israeli Knesset on May 22, 2024, containing four laws proposed by members of both the coalition and opposition. This bill classifies UNRWA as a terrorist organization. The initiative to propose the bill came from the Likud, Yisrael Beiteinu, National Unity, and Yesh Atid parties, while only the Arab parties in the Knesset opposed it.

Diliani comments: "There is no difference between the ruling coalition parties in Israel and the opposition when it comes to aggression against Palestinian and international institutions. The methods may differ, but the goal remains the same, which is to erase our existence as a people and liquidate our historical rights."

He believes that "this consensus among the parties reflects the depth of the exclusionary and genocidal policies pursued by Israel. Even the opposition factions, which may outwardly appear critical of some policies, remain part of the colonial structure that seeks to displace Palestinians and erase their existence from this land."

"There is no difference between the ruling coalition parties in Israel and the opposition when it comes to aggression against Palestinian and international institutions. The methods may differ, but the goal remains the same, which is to erase our existence as a people and liquidate our historical rights."

Legal implications and consequences

These actions and proposed laws constitute a serious violation of international law, particularly the UN Charter. For instance, Article 2 of the Charter stipulates that "all members shall assist the United Nations in any action taken in accordance with the present Charter."

Moreover, these laws violate General Assembly resolutions, especially Resolution 302 dated December 8, 1949, concerning the establishment of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA), and General Assembly Resolution 194 dated December 11, 1948, which affirms the right of return and compensation for Palestinian refugees.

In addition, they violate the Convention on the Safety of United Nations and Associated Personnel under General Assembly Resolution 59/49. Article 7 of the Convention states that "United Nations personnel and associated personnel, their equipment, and workplaces should not be subjected to attack, and State Parties must take all appropriate measures to ensure the safety and security of United Nations personnel and associated personnel."

"This consensus among the parties against Palestinian and international institutions like UNRWA reflects the depth of the exclusionary and genocidal policies pursued by Israel. Even the opposition factions, which may outwardly appear critical of some policies, remain part of the colonial structure that seeks to displace Palestinians and erase their existence from this land."

Mshasha emphasizes that no member state of the United Nations has the right to declare a UN agency as a terrorist institution. However, one of the lessons of Operation Al-Aqsa Flood is that international law is absent; it is applied only in the West, while the law of the jungle prevails in the Middle East. Therefore, whether the General Assembly condemns the Israeli government’s decision or not, and whether the Secretary-General denounces this decision or not, it will not change anything as long as Israel achieves its goals on the ground.

He argues that "all these laws aim to end the right of return, erase Palestinian consciousness, and implement the Israeli vision, which began to be publicly executed after October 7. This vision undermines the idea of return or statehood, aiming instead to subject any Palestinian governance system under Israeli control: a system less than autonomy or self-governance, and closer to municipal or tribal governance."