UN threat to Israel: We will sue you in The Hague

UN Secretary-General Antonio Guterres is threatening to escalate the confrontation with Israel over activities at the UNRWA Palestinian refugee agency complex in Kafr Aqab, and to bring the dispute before the International Court of Justice (ICJ) in The Hague.

The operation in Qalandia was carried out on August 25, under the direction of the Prime Minister and in accordance with legislation against UNRWA activity in Israel. At that time, authorities cleared the complex in Kafr Aqab, which Israel claims is on land owned by the JNF (Keren Kayemeth LeIsrael) to which the agency has no rights, and transferred it to the Jerusalem Municipality. The municipality began converting the area into an education and community complex for the neighborhood's residents, with an initial investment of more than 40 million shekels. UNRWA, which had operated a vocational training center there for more than 70 years, argues on the other hand that it is a protected UN facility that Israel has no authority to take over.

"Article 30 of Chapter VIII of the General Convention states that all disputes arising out of the interpretation or application of the Convention shall be referred to the International Court of Justice," Guterres wrote to Prime Minister Benjamin Netanyahu. He added: "If Israel does not act to comply with its obligations under the General Convention, a situation could arise in which a dispute has arisen between the UN and the State of Israel regarding, among other things, the interpretation or application of the Convention."

"Grave concern"

Guterres did not announce the activation of the clause at this stage, but issued an explicit legal threat if Israel does not comply with UN demands. The letter was also brought to the attention of the Presidents of the Security Council and the General Assembly.

"I am forced to write once again to express my grave concern regarding another blatant violation of the immunity of the UNRWA complex in East Jerusalem by the Israeli authorities," the Secretary-General wrote.

According to him, on August 25, "the Israeli authorities, including security forces, entered the Qalandia training center without UN consent, while UNRWA staff and service recipients were on site preparing for the upcoming school year."

"The staff were searched," Guterres added. "To my understanding, the Israeli authorities have remained on site since then and have begun carrying out renovation work without authorization. I condemn these unacceptable actions in the strongest possible terms." According to him, this was the "fifth unauthorized entry into the center since May."

"We will not waive its immunity"

Guterres emphasized that "the Qalandia training center was and remains a UN complex," and that "no waiver of its immunity has been given." He argued that the place is "immune from every form of legal process and from every form of interference," and that UNRWA staff also enjoy immunity regarding actions taken in the course of their duties.

"The unauthorized entry and presence of the Israeli authorities in the center, the conducting of searches on UNRWA staff, the carrying out of work without authorization, and the cessation of vocational training programs at the site are clear violations of the State of Israel's obligations," he wrote. According to him, the government has a "legal obligation to ensure that these actions are reversed without delay and to prevent the recurrence of similar actions."

The Secretary-General also mentioned the demolition of the UNRWA complex in Sheikh Jarrah in January and the disconnection of services from other facilities. "These actions against UNRWA are unacceptable," he wrote, and clarified that the UN "reserves its rights regarding potential claims for damages caused to the organization's complexes and property."

Israel's Ambassador to the UN, Danny Danon, responded: "The State of Israel is the sovereign in Jerusalem and it will act in accordance with the law and the decisions it has made. UNRWA long ago lost the right to claim immunity after its employees were involved in terrorism and the October 7 massacre. The threats from the UN Secretary-General will not change the reality: Israel will continue to stand by its sovereignty, protect its security, and enforce its laws in Jerusalem."

Guterres' threat does not mean that Israel is immediately facing a lawsuit or sanctions, but it may be the first step on the path to legal and political escalation. A ruling by the court against Israel could serve as a basis for attempts to promote sanctions in the Security Council, for further decisions in the General Assembly, and for independent punitive measures by countries and international bodies.

It could also strengthen demands for compensation and serve as a precedent against the evacuation or closure of other UNRWA facilities. The court itself does not impose sanctions, but a ruling against Israel could provide its opponents with a significant legal basis for increasing pressure on it around the world.