Family of Oct 7 victim sues UNRWA for NIS 24 million in Jerusalem court

Nitsana Darshan-Leitner, president of the Shurat HaDin Law Center, filed a lawsuit in the District Court of Jerusalem on behalf of the family of Yonatan Samerano, a 21-year-old killed outside Kibbutz Be'eri during the October 7, 2023 attacks. The suit seeks NIS 24 million, nearly $8 million, in punitive damages under Israel's Compensation for Victims of Terrorism Law. Darshan-Leitner stated that UNRWA workers picked up Samerano's body, placed it in an agency vehicle, and transported it to Gaza, where it remained in captivity for 625 days before being returned to his family. The attorney argued that UNRWA failed to reveal the body's location, cooperate with Israeli authorities, or admit its workers' involvement, necessitating legal action.

The litigation hinges on the agency's loss of diplomatic immunity. While UNRWA traditionally relied on the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations for protection, the Israeli Knesset passed legislation in December stripping that status. This legal shift allows the Israeli government to expropriate UNRWA properties in East Jerusalem and permits civil suits against the organization. Darshan-Leitner contended that because UNRWA aided and abetted terror organizations, it no longer qualifies for treaty-based immunity. When the deadline for UNRWA to file a defense arrived last week, the agency requested a 45-day extension. UNRWA did not respond to requests for comment regarding its immunity status or its defense strategy.

The legal battle unfolds against a backdrop of severed financial ties and contested institutional roles. Following reports from the USAID Office of Inspector General and NGO Watch regarding Hamas infiltration, the United States, Finland, and Sweden have fully halted funding to UNRWA. The Board of Peace, tasked with Gaza's reconstruction, declared that UNRWA will have no role in the Strip's future. Although the Associated Press reported on September 25 that Board members had met multiple times with UNRWA officials, the Board stated on X that its policy remains unchanged, asserting that UNRWA fails litmus tests for trusted partnership and deradicalization.

United Nations Secretary-General António Guterres has consistently defended the agency's mandate. His spokesperson, Stéphane Dujarric, told Fox News Digital that Guterres views the Knesset's stripping of immunity as inconsistent with international law. Guterres acknowledged that personnel proven to have participated in the October 7 attacks must be held accountable and said the U.N. has acted when provided with such information by Israel. However, Guterres also stated that UNRWA remains a critical stabilizing presence, citing that nearly 400 staff members have been killed and hundreds of premises destroyed since 2023. He urged member states to provide political and financial support to protect the agency's mandate.

Darshan-Leitner characterized UNRWA's presence in Gaza as a security risk, claiming its facilities served Hamas as bases and missile storage locations. She argued that allowing UNRWA to manage humanitarian needs would be a fatal mistake for any reconstruction effort aimed at separating terrorists from civilians.