Justice Department backs UN claim relief workers accused of aiding Hamas are immune

The Justice Department (DOJ) has sided with the United Nations in defending in court its relief agency for Palestinians after some workers were found to have likely been involved in the Oct. 7 terrorist attacks in Israel.

The United Nations Relief and Works Agency for Palestine Refugees (UNRWA) fired at least nine of its employees in August after finding that they likely participated in the Hamas slaughter of 1,200 people, including more than 30 Americans.

Victims of the massacre and their families sued UNRWA in a New York federal court, accusing the group and the individuals involved of aiding and abetting Hamas "in the commission of international torts."

The United Nations (U.N.) says the lawsuit should be dismissed, claiming the charter between the U.S. and the U.N. gives the group and its subsidiaries diplomatic immunity. "Since the U.N. has not waived immunity in this instance, its subsidiary, UNRWA, continues to enjoy absolute immunity from prosecution, and the lawsuit should be dismissed," the U.N. stated in response.

UN CHIEF DEFENDS UNRWA, SAYS ONLY 'A FEW ELEMENTS' PARTICIPATED IN OCT. 7

U.S. Attorney Damian Williams of the Southern District of New York filed a brief in July supporting that argument, saying, "In light of the United Nations’ immunity, the Court lacks subject matter jurisdiction over the United Nations."

The brief notes that "the United States acknowledges and deplores the profound losses suffered on October 7," and that "the United States takes no position on the factual allegations in the complaint."

"The United Nations is absolutely immune from suit and legal process absent an express waiver of immunity," Williams said, citing the Charter of the United Nations, to which the United States acceded