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Family of slain Israeli hostage sues UNRWA aid agency

Yonatan Samerano was abducted on Oct. 7, 2023 by a Hamas terrorist who was also an UNRWA employee.

A UN flag flies over an UNRWA school in Khan Yunis, in the southern Gaza Strip. Photo by Abed Rahim Khatib/Flash90
A UN flag flies over an UNRWA school in Khan Yunis, in the southern Gaza Strip. Photo by Abed Rahim Khatib/Flash90

Legal aid organization Shurat HaDin filed a lawsuit on Monday in the Jerusalem District Court seeking 25 million shekels in damages from the United Nations Relief and Works Agency (UNRWA) and its employees responsible for the abduction and murder of Yonatan Samerano at Kibbutz Be’eri on October 7 of last year.

On what is now known as “Black Shabbat,” Yonatan fled from the Nova music festival to the gates of Kibbutz Be’eri. According to intelligence gathered during the war, Samerano’s body was taken by Faisal Ali Muslim Al-Naami, a Hamas operative employed by UNRWA in Nuseirat in the Gaza Strip, and remains in captivity to this day. The lawsuit also names Philippe Lazzarini, UNRWA’s Secretary-General, and other senior officials of the organization, holding them responsible for employing terrorists who participated in the Simchat Torah massacre.

Claims against UNRWA

Shurat HaDin, which filed the lawsuit on behalf of the Samerano family, argues that the defendants are not entitled to the immunity typically granted to UN organizations and personnel, given the actions and omissions detailed in this case. The suit further alleges that UNRWA functions effectively as a terrorist organization operating under Hamas and is therefore not eligible for immunity. This claim is bolstered by recent legislation passed in the Knesset.

See: Knesset bans UNRWA, outlaws all official contact

The lawsuit also asserts that UNRWA is not an integral part of the UN system and does not benefit from the immunity granted to official UN institutions, as it was established as a temporary agency under a General Assembly resolution. Furthermore, UN immunity does not apply to actions that contravene the UN’s stated objectives. The lawyers argue that, in any case, UN employees at various levels are not immune from liability.

Kobi Samerano, Yonatan’s father, said: “The Attorney General must immediately determine that UNRWA has no immunity and must stand trial for the massacre and abduction of my son Yonatan. This lawsuit is another nail in the coffin of UNRWA, which must pay for its actions. Since October 7, our lives have not been lives. We are waiting to bring our son back home. We will continue to fight until we achieve true justice.”

Attorney Nitsana Darshan-Leitner, President of Shurat HaDin, said: “Today it is clearer than ever how UNRWA has become the largest facilitator of Hamas’s terrorist activities in Gaza. The fight against terror does not end on the battlefield but continues until we secure justice for the innocent victims who were murdered. This lawsuit seeks to deter any entity, masquerading as an international humanitarian organization, from engaging in terror and acting against the citizens of the State of Israel. We hope for the return of Yonatan and all other hostages and will relentlessly pursue those who seek to destroy us.”

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Patrick Callahan

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