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Legal Battle Over Israel's Anti-UNRWA Legislation Heads to High Court

3/26/2026, 11:01:13 PM

Overview of the Legal Challenge

The Israeli High Court of Justice is set to hear a significant case regarding two laws passed by the Knesset in October 2024, which restrict the activities of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) within Israeli territory. The laws prohibit UNRWA's operations and contact with Israeli authorities, citing security concerns linked to alleged affiliations between UNRWA employees and terrorist organizations such as Hamas. The state has urged the court to dismiss the petition challenging these laws, asserting that the petitioners have failed to demonstrate concrete harm resulting from the legislation.

State's Defense and Legislative Context

In its preliminary response, the Israeli government, including Defense Minister Israel Katz and the IDF’s West Bank military commander, argues that the petitioners have not provided sufficient evidence of harm to justify overturning the laws. The state contends that the legislation is a sovereign decision regarding Israel's relations with international bodies and does not directly infringe upon individual rights. The government also emphasizes that many complaints should be addressed through administrative channels rather than through a constitutional challenge.

The state’s response highlights a December 2025 amendment that expanded enforcement mechanisms, including the ability to cut off utilities and seize properties associated with UNRWA. This amendment was framed as a necessary step to clarify the enforcement of the existing laws, rather than introducing new constitutional violations.

Impact on Education and Humanitarian Aid

The government claims that the anticipated humanitarian crisis in East Jerusalem has not occurred as predicted. It reports that hundreds of students from affected UNRWA institutions have been integrated into the local education system, with assistance from the Education Ministry and local authorities. However, discrepancies in reported figures regarding the number of students affected have emerged, with the state citing 763 students impacted, while petitioners previously claimed 783.

The state also asserts that UNRWA's role in Gaza has diminished, citing the re-establishment of alternative aid channels following a ceasefire. This claim is contested by outgoing UNRWA commissioner-general Philippe Lazzarini, who warned that the agency's collapse could destabilize future arrangements in Gaza.

Criticism and Opposition

Critics of the legislation argue that it undermines essential humanitarian services and exacerbates the plight of Palestinian refugees. They contend that the laws could lead to a significant deterioration in living conditions for those reliant on UNRWA's support. Additionally, a UN-commissioned review led by former French foreign minister Catherine Colonna found that UNRWA had effective neutrality mechanisms, contradicting the Israeli government's claims regarding the agency's alleged ties to terrorism.

Official Statements and Responses

The Israeli government maintains that its actions are justified under international law, asserting that it is not obligated to allow UNRWA to operate within its territory. The state argues that the court should view the case through the lens of sovereignty and security, limiting the scope for constitutional intervention.

What's Next

The upcoming hearing on Monday will not only address the legality of the anti-UNRWA laws but will also serve as a broader test of the High Court's willingness to intervene in matters framed by the state as essential to national security and foreign relations. The outcome could have significant implications for Israel's relationship with international organizations and the humanitarian landscape in the region.