U.S. backs Israel’s ban on UNRWA operations in Gaza at ICJ hearing

The United States on Wednesday backed an Israeli ban that prevents the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) from operating in the Gaza Strip.

“An occupational power retains a margin of appreciation concerning which relief schemes to permit,” U.S. State Department Legal Advisor Joshua Simmons stated at an International Court of Justice (ICJ) hearing in The Hague on Wednesday, presided over by Judge Yuji Iwasawa.

“Even if an organization offering relief is an impartial humanitarian organization, and even if it is a major actor, occupation law does not compel an occupational power to allow and facilitate that specific actor’s relief operations,” Simmons added.

He emphasized Israel's “serious concerns” about UNRWA’s alleged impartiality in the ongoing conflict with the Iranian-backed terrorist organization Hamas. Washington argues that Israel cannot be forced to accept UNRWA returning to Gaza.

In January 2024, the United States and several other leading donor nations temporarily suspended financial aid to UNRWA after Israel provided incriminating intelligence that the UN agency employees participated in the Hamas-led Oct. 7 attack on southern Israeli border communities.

Former U.S. State Department Spokesperson Matthew Miller said at the time that the Biden administration was “extremely troubled” by the close link between UNRWA and Hamas. Then-U.S. Secretary of State Antony Blinken told UN chief António Guterres, "There must be complete accountability for anyone who participated in the heinous attacks."

However, last April, an independent panel whitewashed the UNRWA scandal, claiming that Israeli authorities had failed to provide sufficient evidence to prove there was cooperation between Hamas and UNRWA. Israel, however, had already provided the names of at least 12 UNRWA workers who participated in the Oct. 7 atrocities. Former Israeli Defense Minister Yoav Gallant had also stated that Israel had a list of an additional 30 UNRWA employees who assisted in the Hamas-led mass terror attack.

Israeli intelligence estimated that at least 12% of UNRWA’s workers in Gaza are affiliated with Hamas and other terrorist organizations.

However, most donor nations, including the United States, resumed the financial aid to UNRWA following the panel report.

In October 2024, the Israeli Knesset voted to ban UNRWA’s operations despite vocal international criticism. The Prime Minister’s Office (PMO) stated at the time that it was essential to replace UNRWA with an aid agency that is not affiliated with terrorism.

“Since avoiding a humanitarian crisis is also essential, sustained humanitarian aid must remain available in Gaza now and in the future. In the 90 days before this legislation takes effect – and after – we stand ready to work with our international partners to ensure Israel continues to facilitate humanitarian aid to civilians in Gaza in a way that does not threaten Israel’s security,” the PMO stated.

The Biden administration and many European nations eventually accepted the Israeli ban on UNRWA as legitimate.

It was reported in January 2025 that the United States was leading international talks to replace the scandal-ridden UN agency.

The Trump administration backs Israel’s position on banning UNRWA. In late January, the new U.S. deputy ambassador to the UN, Dorothy Camile Shea, supported Israel’s decision to close UNRWA offices in the country.

“It is Israel’s sovereign decision to close UNRWA’s offices in Jerusalem on January 30. The United States supports the implementation of this decision,” Shea told the UN Security Council.

“We are concerned about reports that returned Israeli hostages were held by Hamas in UN facilities during their prolonged captivity in Gaza. It is vital for a full and independent investigation to assess these very serious allegations,” she continued. “Unfortunately, this follows a pattern of serious allegations on the misuse of UN facilities – particularly UNRWA facilities – by Hamas terrorists.”

Even before the Oct. 7 atrocities, UNRWA schools were systematically spreading hatred against Israel and Jews, with critics arguing that the UN agency was perpetuating the conflict rather than helping to resolve it.