With UNRWA fate unclear, UN and Israel argue over who’s responsible for Palestinians

The United Nations and Israel are arguing over who must fill the gap if UN Palestinian relief agency UNRWA stops working in the Gaza Strip and West Bank later this month when an Israeli law comes into force.

UNRWA still operates in the Palestinian territories but it is unclear what awaits the nearly 75-year-old agency when the law banning its operation on Israeli land and contact with Israeli authorities takes effect.

The UN and Israel have been engaged in tit-for-tat letter writing since the law on UNRWA was passed in late October. Shortly after, the UN told Israel it was not the world body’s responsibility to replace UNRWA in the Palestinian territories — Gaza and the West Bank, including East Jerusalem.

In a letter to the UN General Assembly and Security Council late on Thursday, Secretary-General Antonio Guterres said if UNRWA was forced to stop operating then Israel “would be left to ensure that the range of services and assistance which UNRWA has been providing are provided” in accordance with its obligations under international law.

Guterres wrote that while other UN agencies were prepared to continue providing services and assistance to the Palestinians — to the extent they can — that “must not be viewed as releasing Israel from its obligations.”

The United Nations views Gaza and the West Bank, including East Jerusalem, as Israeli-occupied territory. International law requires an occupying power to agree to and facilitate relief programs and ensure food, medical care, hygiene and public health standards.

In a December 18 letter to the world body, Israel’s UN Ambassador Danny Danon claimed the new legislation “does not in any way undermine Israel’s steadfast commitment to international law.” He also rejected UN claims that Israel would be responsible for filling any gap left by UNRWA.

He wrote that Israel does not exercise effective control over Gaza and therefore is not an occupying power, adding that the law of military occupation also does not apply. He said that in the West Bank the responsibility of the Palestinian Authority for civilian affairs “must not be overlooked.”

“In Jerusalem, all residents are entitled to government and municipal services under Israeli law,” said Danon, adding that included health and education services. Israel annexed East Jerusalem in a move not recognized abroad.