Israel’s UNRWA Ban A Self Defeating Move with-Long Term Consequences

Tuesday 26 November 2024 - 15:21

In a move that has sparked widespread international condemnation, the Israeli Knesset recently voted to ban the United Nations Relief and Works Agency (UNRWA) from operating in the occupied Palestinian territories of Gaza and the West Bank. Nearly a month has passed since the vote, and despite significant opposition from both the international community and some of its allies, Israeli authorities are pushing ahead with the implementation of this decision.

The United Nations itself has condemned the ban, warning that it could have "devastating consequences," as UNRWA is the primary organization providing critical aid to Palestinians in Gaza. While the ban will undoubtedly exacerbate the humanitarian crisis in the region, it also represents a spectacular own goal for Israel. Far from achieving its intended goal of sidelining Palestinian refugees, the ban may have the unintended effect of bolstering their legal status and international protections.

One of the key repercussions of the ban is that it will elevate the status of the approximately 2.5 million Palestinian refugees in Gaza and the West Bank under the mandate of the United Nations High Commissioner for Refugees (UNHCR). Under international law, once these refugees stop receiving services from UNRWA, they will become legally entitled to the protections granted by the 1951 Refugee Convention, as well as the assistance of UNHCR. Specifically, Article 1D of the 1951 Refugee Convention asserts that if refugees cease to receive assistance, they automatically gain protection under the Convention, as long as their status has not been definitively resolved in accordance with relevant UN resolutions.

For Israel, this move could be a serious setback. The Israeli government, particularly its far-right elements, hoped that by removing UNRWA from the picture, it could erase the history, identity, and rights of Palestinian refugees, effectively sidelining their claims within any future peace process. The goal was to "airbrush" Palestinian refugees out of the discourse altogether, imagining that this would weaken their political and legal standing. However, the reality is that 6.8 million registered refugees, as counted by UNRWA, cannot be so easily dismissed. Despite military power and political influence, the reality of international refugee law means these refugees are unlikely to fade into obscurity.

In fact, by denying UNRWA's operations, Israel may unintentionally be creating a stronger legal foundation for these refugees’ right to return—something Israel's leadership most certainly did not intend. Under the UNHCR's mandate and in accordance with international law, the refugees now have an enhanced legal basis for their claims, potentially revitalizing long-standing demands for repatriation.

The Israeli government's attempt to undermine UNRWA and strip Palestinians of their humanitarian services is not just a political maneuver but an effort to alter the trajectory of the Israeli-Palestinian conflict in a way that disregards the rights of millions of displaced people. However, as the legal implications of this decision unfold, Israel may find itself facing a backlash that extends far beyond the political arena and into the realm of international law and refugee protections.

Ultimately, the UNRWA ban may prove to be a miscalculation—one that, while causing immense suffering in the short term, will only strengthen the international protections for Palestinian refugees in the long run. Instead of erasing their claims, Israel’s actions may have ensured that those claims are heard louder and more clearly on the global stage.