UNRWA Lawsuit | In Brief:
Engagement
June 2024
Amini LLC represents 101 Israeli victims of the October 7 attack in litigation against the United Nations Relief and Works Agency (UNRWA) and seven of its current and former senior leaders.
The plaintiffs have sued UNRWA under the Alien Tort Statute, 28 U.S.C. §1350 and the Torture Victims Protection Act, 28 U.SC. § 1331, for providing material support to Hamas.
The case is currently pending before the U.S. District Court for the Southern District of New York.
This page is updated periodically to provide a summary of the public pleadings and case developments.
For more information or inquiries, please contact marketing@aminillc.com.
Complaint
June 24, 2024
- The complaint alleges that the atrocities committed by Hamas against Israel on October 7 were carried out with the material assistance of UNRWA and several of its current and former senior officials. For over a decade, the defendants allegedly helped Hamas build the terror infrastructure and personnel that made the attack possible — including by knowingly supplying Hamas with over $1 billion U.S. dollars used to purchase weapons, explosives, and other terror materiel.
- Despite repeated warnings, the defendants are alleged to have continued policies that provided direct assistance to Hamas. The complaint asserts that these actions violated the law of nations and the Torture Victim Protection Act, and holds the defendants liable for aiding and abetting genocide, crimes against humanity, and torture.
“Hamas did not carry out these atrocities without assistance. It was aided and abetted by, among others, the above-named defendants… who collectively spent over a decade helping Hamas build up the terror infrastructure… including by knowingly providing Hamas with the U.S. dollars it needed to pay smugglers for weapons, explosives, and other terror materiel.”
— Amini LLC complaint filed June 2024
Immunity Briefing
Following the filing of the Complaint, the Defendants — and, initially, the United States Government — asserted that UNRWA and the Defendants were immune from Plaintiffs’ claims.
UNRWA Letters Asserting Immunity
June-July, 2024
- The United Nations submitted letters — from both the Permanent Representative of the United States to the UN and the UN Under-Secretary-General for Legal Affairs — asserting that UNRWA and the named current and former officials were entitled to immunity under the U.N. Charter and the Convention on the Privileges and Immunities of the United Nations (CPIUN).
U.S. Government’s Initial Assertion of Immunity for UNRWA
July 30, 2024
- The U.S. Department of Justice submitted a letter to the Court arguing that both UNRWA and the named individual defendants are immune from suit in American courts. The Government asserted that UNRWA qualifies as a subsidiary organ of the United Nations and is therefore entitled to immunity under the U.N. Charter and CPIUN.
- It further claimed that the individual defendants — as senior U.N. officials — were protected by diplomatic immunity under the VCDR and by official-act immunity under the International Organizations Immunities Act (IOIA).
On October 18, 2024, the Government filed a reply brief in further support of the same.
Plaintiffs’ Opposition to Immunity for UNRWA
Sept. 13, 2024
- Amini LLC submitted a Memorandum of Law rejecting the Government’s application of the Convention on the Privileges and Immunities of the United Nations (CPIUN) and related doctrines.
- The brief argued that the CPIUN applies only to the United Nations itself—not to affiliated agencies like UNRWA—and that extending immunity in this case would place the defendants above the law, shielding them from accountability for some of the most grievous violations of international human rights.
- The memorandum further asserted that even if immunity were to apply, the alleged conduct at issue violated jus cogens: the highest category of binding international law, which cannot be waived by treaty and includes prohibitions on genocide, torture, and mass rape.
On November 8, 2024, Amini LLC filed a sur-reply brief in further opposition to the Government’s initial immunity assertion.
”The Government contends that the treaty known as the Convention on the Privileges and Immunities of the United Nations…puts the Defendants above the law and authorizes the Defendants to aid and abet genocide, mass murder, mass rape, and commit other violations of fundamental human rights with impunity. The Government is wrong
— Amini LLC, Memorandum of Law filed Sept. 2024
Amicus Filings Against Immunity
September, 2024
- Several prominent individuals and organizations submitted amicus briefs in support of the Plaintiffs’ position on immunity. One was filed by a coalition of foreign policy officials and international law experts, including a former U.S. Attorney General, a federal judge, former senior national security officials and diplomats, and scholars with deep expertise in diplomatic and functional immunity. Another was submitted by a group of major international organizations.
- [Amicus Brief 1 – Policy Advisers & Legal Experts]
- [Amicus Brief 2 – Global Organizations]
Court Grants Plaintiffs’ Request to Order Certain Defendants to Appear
- After the Government’s reply brief declined to take a position on the immunity of five of the eight defendants, Amini LLC requested and the Government ordered those Defendants to appear in the action.
[Next Doc]. UNRWA Itself Appears and Moves to Dismiss Based On Immunity
- [Summary]
- On January 21, 2025, UNRWA filed a reply brief in further support of their motion.
U.S. Government Letter Reversing Previous Immunity Position
April 24, 2025
After a careful and thorough re-review of the record and arguments, the U.S. Department of Justice submitted a letter to the Court reversing its prior position and concluding that UNRWA is not entitled to immunity from suit in American courts.
"The complaint in this case recounts atrocious crimes committed by Hamas on October 7. And its factual allegations, taken as true, detail how UNRWA played a significant role in those heinous offenses... The Government has since reevaluated its position, and now concludes UNRWA is not immune from this litigation."
— U.S. Department of Justice
Amini LLC remains committed to advancing this case relentlessly on behalf of our clients. We will update this page as the case develops.
In the News
Avery Samet interviewed on i24 News with Benita Levin in Tel Aviv, Israel
March 2025
Avery Samet provides authoritative legal analysis on Cuomo with Chris Cuomo
February 2025
"Hamas Skimmed $1 Billion in U.N. Aid for Weapons and Tunnels, Suit Says.”
Jacob Panzar, The New York Times, June 24, 2024.
"UNRWA Is Sued by Israeli Victims of Oct. 7 Hamas Attack."
Reuters, June 24, 2024.
"Israelis’ lawsuit says UN agency helps Hamas by paying Gaza staff in dollars.”
AP News, June 24, 2024.
About Amini LLC
Amini LLC is a premier boutique litigation practice, distinguished by its team of seasoned trial attorneys who excel in handling complex, high-stakes commercial disputes and achieving multi-million-dollar outcomes for clients. To learn more about our work, please visit our website.
Attorneys & team on this case:
Sign up for updates
Please provide your contact information below to receive updates as this case progresses. We respect your privacy and will contact you exclusively for this purpose.