On 28 October 2024, the Israeli parliament (Knesset) passed two laws aimed at preventing UNRWA from operating in Israel and from carrying out its activities in the occupied Palestinian territory. Specifically, the laws, which will come into force at the end of January 2025, demand, among other things, the following:
- Termination of the so-called Comay-Michelmore Exchange of Letters of 1967 between Israel and UNRWA, in which Israel (1) recognises that the 1946 UN Convention on Privileges and Immunities governs the legal relationship between Israel and UNRWA and (2) provides general support for UNRWA's activities in the occupied Palestinian territories (OPT).
- Prohibit Israel from cooperating with UNRWA by prohibiting contacts between the Israeli authorities and the agency.
- Consider taking legal action against UNRWA employees (or even revoke the immunity of the organisation and/or its employees).
- Preventing UNRWA from operating and ending its activities in Israeli territory, including East Jerusalem, which is considered occupied under international law.
Switzerland is concerned about the operational, security-related, political and legal implications of the laws against UNRWA, which the Knesset passed on 28 October 2020. Switzerland has expressed its concerns at the multilateral level (including in the UN Security Council) and in its bilateral contacts with Israel. It has also joined other states in corresponding initiatives, including two demarches led by the EU.
These new Israeli laws are for the most part incompatible with Israel's obligations under international law, in particular the UN Charter and international humanitarian law. They also contradict the mandate of the UN General Assembly, which established UNRWA to meet the needs of the Palestinian population until the implementation of the two-state solution and the founding of a Palestinian state.
UNRWA is the largest humanitarian actor in Gaza and provides vital services (e.g. in the health sector) to a population facing immense needs, particularly in the northern Gaza Strip. If UNRWA is forced to cease its work in the occupied Palestinian territory, this will not only jeopardise the provision of humanitarian aid to the civilian population, but will also have an impact on all other humanitarian actors in the region. No other organisation can take over UNRWA's tasks and there is a risk of even greater destabilisation in the Palestinian Territories and beyond (in Lebanon, Jordan and Syria).
Switzerland consistently urges all parties, including Israel, to ensure swift and unrestricted humanitarian access to the occupied Palestinian territories, in line with their obligations under international humanitarian law. This stance is reaffirmed in the Security Council and in Switzerland's bilateral engagements with Israel. Furthermore, Switzerland remains committed to supporting humanitarian operations across the region, including in Gaza and the West Bank, through sustained financial contributions.
Switzerland takes seriously the accusations that some UNRWA employees were suspected of involvement in the terrorist attacks of 7 October 2023. It has taken note of the results of the UN's internal investigation into 19 employees and the measures taken by UNRWA. Switzerland also expects the recommendations of the Colonna report to be fully implemented.
In January 2024, various donor states – including Switzerland – suspended their contributions to UNRWA in response to the Israeli accusations against the agency. Switzerland, like many other states, has since resumed its support for UNRWA. In June, the National Council and Council of States Foreign Affairs Committees approved the Federal Council decision of 8 May to pay a tranche of CHF 10 million to the UN agency. The use of the CHF 10 million by UNRWA is strictly limited to urgent humanitarian needs in Gaza and is used exclusively to finance the UN agency's humanitarian aid appeal. The Federal Council has decided not to make any further payment to UNRWA this year due to the ongoing debates and the austerity measures imposed by parliament. However, the Federal Council's position on UNRWA remains unchanged. It continues to regard the organisation as a key humanitarian actor in the Gaza Strip. The Federal Council will decide at a later date, when the ongoing parliamentary debates have been concluded, on a contribution to UNRWA for the coming years.