Legal challenge launched against UK government over UNRWA funding suspension

Palestinians receive bags of flour at the UNRWA distribution center in the Rafah refugee camp in the southern Gaza Strip. (File/AFP)
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Updated 27 March 2024
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Legal challenge launched against UK government over UNRWA funding suspension

  • Bindman’s complaint alleges that the government’s decision may violate its international obligations

LONDON: A UK law firm is challenging the British government’s decision to halt funding for the UN Relief and Works Agency for Palestine Refugees in the Near East, the firm said on Wednesday.

London-based Bindmans LLP has sent a pre-action letter to the Foreign, Commonwealth and Development Office on behalf of a British-Palestinian man wanting to protect his family members, who are UNRWA-registered refugees.

The man’s parents, who live in the Jabalia refugee camp in Northern Gaza, rely entirely on the aid provided by UNRWA. They, like many others, are experiencing severe food, water and basic necessity shortages.

Bindman’s complaint alleges that the government’s decision may violate its international obligations, potentially implicating it in Israel’s apparent violations of the Genocide Convention and Common Article 1 of the Fourth Geneva Convention.

It is also argued that the decision contradicts the FCDO’s Strategy for International Development and its International Humanitarian Framework.

Recent expert analyzes have indicated that a famine in the region is imminent, with more than one million Palestinians facing extreme hunger.

This comes after eight UN special rapporteurs highlighted the dire food and water crisis in Gaza, declaring that “every single person in Gaza is hungry, a quarter of the population is starving and struggling to find food and drinkable water, and famine is imminent.”

The UK decided to halt funding on Jan. 27 after Israeli officials accused 12 UNRWA staff members, from a total number of 30,000, of participating in the Oct. 7 attacks against Israel, without providing evidence.

International agencies, including US intelligence services, have questioned Israel’s unsubstantiated claims.

Earlier in February, UNRWA said that some employees released into Gaza from Israeli detention reported having been pressured by Israeli authorities into falsely stating that the agency has Hamas links and that staff took part in attacks.

The assertions are contained in a report reviewed by Reuters, which detailed allegations of mistreatment in Israeli detention made by unidentified Palestinians, including several working for UNRWA.

For the past ten years, at least half of the UK government’s aid to Palestinians has gone through UNRWA, the largest aid provider in Palestine.

The UK has failed to explain why it has withdrawn funds and has not responded to the UN’s interim report detailing UNRWA’s robust response to the allegations, Bindman said. It also pointed out that other allied countries, such as Canada and EU member states, have expressed satisfaction with the report and pledged to resume funding.

Their legal challenge claims that the decision to withdraw funding was made illogically and without due consideration for evidence, international obligations or FCDO decision-making frameworks.

The claimant wants this decision reversed and UNRWA’s funding restored. If the government fails to restore UNRWA funding by April 2, a judicial review will be launched.

On Jan. 26, only one day prior to the day before the government’s decision, the International Court of Justice issued a ruling in the case of South Africa v Israel. The judges agreed on the plausible risk of genocide in Gaza and issued provisional measures to prevent irreparable harm to Palestinian rights.

The funding suspension has significantly impacted UNRWA’s ability to operate in Gaza, with EU foreign policy chief, Josep Borrell, warning of the agency’s potential financial collapse in 2024.

“The UK government’s strategy for international development sets out four priorities, including to: ‘provide life-saving humanitarian assistance and work to prevent the worst forms of human suffering,’” Alice Hardy, a partner at Bindmans LLP, said.

“Given the catastrophic situation in Gaza, including an impending, man-made famine, the ongoing decision to cease funding to UNRWA is not only morally wrong but flies in the face of that strategy,” Hardy said.

International Center of Justice for Palestinians Senior Public Affairs Officer Jonathan Purcell said: “The government knows that UNRWA is the only effective means to deliver humanitarian aid, and it ought to know that it hasn’t given sufficient reason on how, or why, it decided to cut funding. When the decision to withdraw funds was taken, it was illogical. Now, with Gaza staring famine in the face, it is unconscionable. The government must restore funding immediately if it doesn’t wish to be complicit in the thousands of deaths by hunger and thirst which are, terribly, very likely to occur in the months to come.” 
 


Tug of war: how US presidents battle Congress for military powers

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Tug of war: how US presidents battle Congress for military powers

  • The last official declaration of war by Congress was as far back as World War II

WASHINGTON, United States: Donald Trump’s unleashing of operation “Epic Fury” against Iran has once more underscored the long and bitter struggle between US presidents and Congress over who has the power to decide on foreign military action.
In his video address announcing “major combat” with the Islamic republic, Trump didn’t once mention any authorization or consultation with the US House of Representatives or Senate.
In doing so he sidelined not only Democrats, who called for an urgent war powers vote, but also his own Republican party as he asserts his dominance over a largely cowed legislature.
A US official said Secretary of State Marco Rubio had called top congressional leaders known as the “Gang of Eight” to give them a heads up on the Iran attack — adding that one was unreachable.
Rubio also “laid out the situation” and consulted with the same leaders on Tuesday in an hour-long briefing, the US official said.
According to the US Constitution, only Congress can declare war.
But at the same time the founding document of the United States first signed in 1787 says that the president is the “commander in chief” of the military, a definition that US leaders have in recent years taken very broadly.
The last official declaration of war by Congress was as far back as World War II.
There was no such proclamation during the unpopular Vietnam War, and it was then that Congress sought to reassert its powers.
In 1973 it adopted the War Powers Resolution, passed over Richard Nixon’s veto, to become the only lasting limit on unilateral presidential military action abroad.
The act allows the president to carry out a limited military intervention to respond to an urgent situation created by an attack against the United States.
In his video address on Saturday, Trump evoked an “imminent” threat to justify strikes against Iran.

- Sixty days -

Yet under this law, the president must still inform Congress within 48 hours.
It also says that if the president deploys US troops for a military action for more than 60 days, the head of state must then obtain the authorization of Congress for continued action.
That falls short of an official declaration of war.
The US Congress notably authorized the use of force in such a way after the September 11, 2011 attacks on the United States by Al-Qaeda. Presidents have used it over the past two decades for not only the 2001 invasion of Afghanistan but a series of operations in several countries linked to the “War on Terror.”
Trump is far from the first US president to launch military operations without going through Congress.
Democrat Bill Clinton launched US air strikes against Kosovo in 1999 as part of a NATO campaign, despite the lack of a green light from skeptical lawmakers.
Barack Obama did the same for airstrikes in Libya in 2011.
Trump followed their example in his first term in 2018 when he launched airstrikes in Syria along with Britain and France.
But since his return to power the 79-year-old has sought to push presidential power to its limits, and that includes in the military sphere.
Trump has ordered strikes on alleged drug trafficking boats in Latin America without consulting Congress, and in June 2025 struck Iran’s nuclear facilities.
Perhaps the most controversial act was when he ordered the capture of Venezuelan president Nicolas Maduro in a lightning military raid on January 3.
Republicans however managed to knock down moves by Democrats for a rare war powers resolution that would have curbed his authority over Venezuela operations.
Trump has meanwhile sought to extend his powers over the home front. Democrats have slammed the Republican for deploying the National Guard in several US cities in what he calls a crackdown on crime and immigration.