UNRWA Lawsuit | In Brief:
Engagement
June 2024
Amini LLC represents 101 non-US 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 (ATS), 28 U.S.C. §1350 and the Torture Victims Protection Act (TVPA). The complaint alleges that UNRWA provided material support to Hamas, thereby aiding and abetting Hamas’ terrorist atrocities that killed and injured the Plaintiffs and their families.
The first action was adjudicated before Judge Analisa Torres in the U.S. District Court for the Southern District of New York, and is currently on appeal before the Second Circuit.
In July 2025, Amini LLC filed a second complaint on behalf of 220 U.S. citizen victims of the October 7 attack under the Anti-Terrorism Act (ATA), 18 U.S.C. § 2333. The complaint alleges that UNRWA provided material support to Hamas and thereby aided and abetted the terrorist acts that killed, injured, and traumatized U.S. citizens and their families. The case is currently pending in the U.S. District Court for the Southern District of New York. This page is intended to to provide a summary of the public pleadings and case developments.
Complaint ATS Action
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 to the U.S. Government — from 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 then 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. CPIUN.
- [Exhibit 1] [Exhibit 2 part 1] [Exhibit 2 part 2]
U.S. Government’s Additional Assertion of Immunity for UNRWA
October 18. 2024
The U.S. Government filed a reply brief in further support of its immunity arguments, also raising the alleged applicability of the immunity provisions of the International Organizations Immunities Act (IOIA).
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. It further explained that any immunity for an UNRWA official’s “official acts” cannot immunize jus cogens violations, since no nation or organization can lawfully authorize its personnel to commit such acts.
- On November 8, Amini LLC filed a sur-reply brief in further opposition to the new arguments raised in the Government’s reply brief.
”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 in Support of the Plaintiffs
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
October 23, 2024
- 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.
UNRWA and the Other Defendants Appear and Move to Dismiss Based On Immunity
October 23, 2024
- All the Defendants, not just those who had been specifically ordered to appear, then appeared and on December 16, 2024, filed their own motion to dismiss the action based on substantially the same immunity arguments that the Government had previously raised.
- On January 13, 2025, Amini LLC, on behalf of the Plaintiffs, filed a memorandum of law in opposition to the Defendants’ motion to dismiss, reaffirming the arguments as to why the Defendants were not entitled to immunity.
- On January 21, 2025, the Defendants filed a reply brief in further support of their motion.
U.S. Government Letter Reverses Previous Immunity Position
April 24, 2025
- On February 18, 2025, the U.S. Department of Justice sent a letter to the Court advising that it had decided to review whether the arguments it had advanced the previous year were accurate and still remained the position of the U.S. Government.
- After spending two months reviewing the relevant facts and law, the U.S. Department of Justice submitted a new letter to the Court reversing its stance and concluding that neither UNRWA nor its current and former officials are entitled to immunity from suit in American courts.
- [One or two officials might potentially have separate immunity defenses the Government took no position on.]
"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, April 2025
UNRWA’s Response to U.S. Government
May 22, 2025
- UNRWA’s brief challenges the U.S. DOJ’s April 24, 2025 letter, affirming that UNRWA is not entitled to immunity.
- The brief re-alleges that UNRWA is a subsidiary UN organ entitled to absolute immunity from all suits.
Courts Opinion & Dismissal | “The Siman Tov Opinion”
Judge Analisa Torres Grants Defendants’ Immunity
September 30, 2025
Amini LLC’s Supplemental Memorandum of Law in Opposition to “The Siman Tov Opinion”
October 30, 2025
“The Opinion found that the CPIUN provides immunity even for violations of jus cogens norms. Plaintiffs again disagree. Under the legal rules governing treaty interpretation, treaties may not be interpreted to provide impunity for genocide, mass rape and ethnic cleansing….In sum, we believe that the Siman Tov Opinion provides the UN with a blank check to grant absolute immunity to a tremendous variety of persons and organizations, even for the most heinous crimes.”
Defendants’ Response to Amini LLC’s Supplemental Memorandum
November 17, 2025
Complaint ATA Action | Federal Lawsuit on Behalf of 220 U.S. Citizens
Filed July 9, 2025
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
U.S. Reverses Itself, Saying UNRWA Can be Sued in New York
April 26, 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 (www.aminillc.com) is a premier litigation boutique distinguished by its team of trial attorneys, who handle highly complex and challenging commercial disputes, achieving multi-million-dollar outcomes for clients. The firm excels in navigating multifaceted cases spanning diverse areas of law, practice domains, and industry sectors.
Amini LLC has earned notable victories in courts nationwide, both alongside and against the nation’s largest firms. Chambers and Partners recognized Amini LLC for “fielding a strong bench of trial attorneys, known for their extensive courtroom experience in high-stakes commercial litigation cases.”
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