Judge dismisses lawsuit claiming UN agency enabled Hamas' deadly attack on Israel

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NEW YORK (AP) — A lawsuit that claimed the United Nations agency for Palestinian refugees had provided more than $1 billion that enabled Hamas’ deadly attack on Israel was dismissed this week by a federal judge in New York.

U.S. District Judge Analisa Torres said the United Nations Relief and Works Agency was protected because it was part of the United Nations, which enjoys immunity from such lawsuits.

The suit sought to hold the agency, known as UNRWA, accountable for the Oct. 7, 2023, deadly attack on Israel by Hamas. The litigation, filed by families of some of the victims of the massacre, sought unspecified damages and named UNRWA and seven of its current and former senior officials as defendants.

The lawsuit alleges that UNRWA had aided Hamas by, among other things, permitting weapons storage and deployment centers in its schools and medical clinics and by employing Hamas members. Lawyers for UNRWA have called the lawsuit “absurd” and have said in court filings that the agency was immune from liability as a “subsidiary organ” of the U.N.

President Joe Biden's administration last year had argued that the suit should be dismissed because UNRWA was protected by immunity and could not be sued. But in April, President Donald Trump's administration reversed that position and argued that neither the agency nor its officials were entitled to such protection.

Gavriel Mairone, a lawyer with the Chicago-based MM law firm which is serving as a co-counsel for the plaintiffs, said Friday that the ruling would be appealed.

“We respectfully disagree with the entire opinion,” Mairone said. "While we agree UNRWA has certain privileges and immunities, the law is clear that neither it nor its managers have ‘absolute’ immunity' to aid and abet and also jointly perpetrate mass rape and sexual assault, genocide and intentional violation of jus cogen norms.

Mairone said he is confident the court's opinion will be reversed.

UNRWA did not immediately respond to an email seeking comment on the judge's decision, which was issued Tuesday.