'UNRWA is Hamas,' Israeli attorney warns as explosive Oct 7 lawsuit rocks UN agency

A legal battle between the family of an Oct. 7, 2023 attack victim and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has become a lightning rod for ongoing uncertainty about the agencys future in the Gaza Strip.

Israeli civil rights attorney and president of the Shurat HaDin Law Center, Nitsana Darshan-Leitner, told Fox News Digital that she filed a lawsuit in the District Court of Jerusalem on behalf of the family of 21-year-old Yonatan Samerano, who was murdered outside of Kibbutz Beeri after fleeing the Nova music festival on Oct. 7, 2023. Sameranos body was returned to his family after 625 days in captivity, during the final stage of hostage releases, Darshan-Leitner said.

According to Darshan-Leitner, after Samerano was shot to death by terrorists, his body was picked up by UNRWA workers, placed in an UNRWA vehicle and kidnapped to Gaza. "Although the kidnapping was by UNRWAs workers, UNRWA never revealed the place of the body, never cooperated with Israeli authorities to tell them where Yonatan Samerano was held and never admitted that it was done by its workers. And therefore we decided to sue UNRWA on behalf of the family."

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The difficulty in bringing suit against UNRWA has been the diplomatic immunity the organization enjoys by virtue of the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations. Darshan-Leitner said that the charter "specifically prohibits any act of violence, let alone terrorism" and that because "UNRWA was aiding and abetting terror organizations and participating in acts of terrorism, they can no longer enjoy the immunity granted by the treaty."

The Israeli Knesset passed legislation in December stripping UNRWA of its diplomatic immunity, which allows the Israeli government to expropriate UNRWA properties within East Jerusalem.

Due to UNRWAs loss of immunity, the Samerano family is pursuing punitive damages of NIS 24 million (nearly $8million) under Israels Compensation for Victims of Terrorism Law. When the deadline for UNRWA to file its defense in the case arrived last week, Darshan-Leitner said that the agency asked for a 45-day extension.

UNRWA did not respond to requests for comment about the status of its immunity, or its response to the litigation it faces on behalf of Sameranos family.

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Stéphane Dujarric, spokesperson to United Nations Secretary-General António Guterres, told Fox News Digital that Guterres has consistently "stated that the Knesset Law and its amendments are inconsistent with the status and international legal framework applicable to UNRWA. The source of UNRWAs immunities is vested in the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations, which remain applicable."

While Guterres "has been very clear that any UNRWA personn