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The issue of collective intent has been at the heart of the claim, brought by the Republic of South Africa, against the Republic of Israel, alleging, in part on the basis of statements from some officials and drawing an inference from the effects of its military operations, alleging genocidal intent against the people now residing in the Gaza Strip (my discussion here, and here on the ICJ proceedings). There has been little debate, effective debate anyway, among those who drive opinion and perspective, about the value and legitimacy of ascribing to the collective a well curated and weighted cicktail of statements from individuals. "My decision to vote in favour of the measures indicated rests on the plausible claim by South Africa that certain statements by Israeli State officials, including members of its military, give rise to a real and imminent risk of irreparable prejudice to the rights of Palestinians under the Genocide Convention (see paragraphs 50-52 of the Order). " (Nolte, J., Declaration).
It comes as something of a surprise, then, when, in the context of the allegations that members of the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) actively participated in the operations of Hamas on and before the attacks of 7 October on Israeli and other civilians, the argument is being advanced that there is a fundamental illegitimacy in ascribing to an organization of thousands the conduct or acts of a few, even a critical few. That, we are now told, amounts to a proscribed collective punishment, not merely on the agency itself but also on the people for which they are responsible. "The decision to suspend aid to the UN Palestinian refugee agency by several Western countries is a “collective punishment”, the head of the UN Relief and Works Agency (UNRWA) has said, as the UN chief Antonio Guterres joined him in urging donor nations to maintain much-needed Gaza aid." (here).
The outcry, from officials and friends of UNRWA, resulted form the decision of key financial supporters of the agency to suspend their payments (interim measures) pending a thorough investigation not just of the involvement of "the few" but also of the structural biases in the agency that might cause it to repeat these behaviors. The Statement by Japanese Foreign Press Secretary KOBAYASHI Maki provides a good example:
- As a United Nations agency, UNRWA plays a crucial role in providing essential services such as health and medical care, education, welfare, and food assistance to millions of Palestine refugees in cooperation with the international community. Especially in the Gaza Strip, where the humanitarian situation is deteriorating further, UNRWA plays a vital role in delivering essential humanitarian assistance to each and every resident.
- Against this backdrop, Japan is extremely concerned about the alleged involvement of UNRWA staff members in the terror attack on Israel on October 7 last year. In response, Japan has decided to suspend additional funding to UNRWA for the time being while UNRWA conducts an investigation into the matter and considers measures to address the allegations.
- Many UNRWA staff members have been dedicated to providing humanitarian assistance to Gaza. Japan has been strongly urging UNRWA to conduct the investigation in a prompt and complete manner and to take appropriate measures, including strengthening governance within UNRWA, so that UNRWA can firmly fulfill the role it should play.
- At the same time, Japan will continue to make persistent and active diplomatic efforts to improve the humanitarian situation in the Gaza Strip and to calm down the situation as soon as possible by providing support to other international organizations.
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UNRWA Commissioner-General Philippe Lazzarini stated: 'The Israeli Authorities have provided UNRWA with information about the alleged involvement of several UNRWA employees in the horrific attacks on Israel on 7 October. To protect the Agency’s ability to deliver humanitarian assistance, I have taken the decision to immediately terminate the contracts of these staff members and launch an investigation in order to establish the truth without delay.' (here).
That, the head of the UNRWA and the UN Secretary General, have suggested, ought to be enough to satisfy, and to get donor funds flowing again. The idea is that in the case of UNRWA the acts ought not to be ascribed to the organization, nor should the organization consider its own systemic failures, and thus, the effective development of intentional cultures that encouraged or tolerated these acts. The issue is not of the collective, but of individual "bad seeds" who ought to be rooted out and punished--by termination. The same arguments, of course, carried little weight in the ICJ proceedings.
This raises the core issue, of course, to what extent ought the acts of individuals point to the "intent", "motivations" of the collective. Since collectives are in a sense expressed through individual actors, the issue has always been important--and finessed. Or rather it has remained delightfully and strategically ambiguous so that, when it suits, one can ascribe (in a reductionist manner) the acts and sentiments of individuals to the collective, and other times, treat the individual as an "outlaw", "bandit" "transgressor" who does not reflect the institution. Again, Mr. Lazzarini for UNRWA: “It would be immensely irresponsible to sanction an Agency and an entire
community it serves because of allegations of criminal acts against
some individuals, especially at a time of war, displacement and
political crises in the region." (here). Perhaps it would, but consistency might then require an equal weighting in other cases of efforts to ascribe to institutions or collectives the statements or acts of individuals. n all cases, one begins to suspect that the issue of plausibility plays a role--as the Judges on the ICJ recently taught us. Collective punishment, then, might rest, in this era, on its plausibility.
The Statements follow below.
28 January 2024
Statement by the Secretary-General - on UNRWA
The
United Nations is taking swift action following the extremely serious
allegations against several UN Relief and Works Agency (UNRWA) staff
members. An investigation by the UN’s Office of Internal Oversight
Services (OIOS) was immediately activated.
Of the 12 people implicated, nine were immediately identified and
terminated by the Commissioner-General of UNRWA, Philippe Lazzarini; one
is confirmed dead, and the identity of the two others is being
clarified.
Any UN employee involved in acts of terror will be held accountable,
including through criminal prosecution. The Secretariat is ready to
cooperate with a competent authority able to prosecute the individuals
in line with the Secretariat’s normal procedures for such cooperation.
UNRWA had also previously announced a full, independent review of the organization on 17 January.
Meanwhile, 2 million civilians in Gaza depend on critical aid from UNRWA
for daily survival but UNRWA’s current funding will not allow it to
meet all requirements to support them in February. While I understand
their concerns – I was myself horrified by these accusations - I
strongly appeal to the governments that have suspended their
contributions to, at least, guarantee the continuity of UNRWA’s
operations.
The abhorrent alleged acts of these staff members must have
consequences. But the tens of thousands of men and women who work for
UNRWA, many in some of the most dangerous situations for humanitarian
workers, should not be penalized. The dire needs of the desperate
populations they serve must be met.
* * *
UNRWA’s lifesaving aid may end due to funding suspension
Over 2 million people in Gaza depend on UNRWA for survival as war and displacement continue
From Philippe Lazzarini, UNRWA Commissioner General
AMMAN, 27 January 2024- “Nine countries have as of today temporarily suspended their funding to UNRWA. These decisions threaten our ongoing humanitarian work across the region including and especially in the Gaza Strip.
“It is shocking to see a suspension of funds to the Agency in reaction to allegations against a small group of staff, especially given the immediate action that UNRWA took by terminating their contracts and asking for a transparent independent investigation. The United Nations Office of Internal Oversight Services (OIOS), the highest investigative authority in the UN system, has already been seized of this very serious matter.
“UNRWA is the primary humanitarian agency in Gaza, with over 2 million people depending on it for their sheer survival. Many are hungry as the clock is ticking towards a looming famine. The Agency runs shelters for over 1 million people and provides food and primary healthcare even at the height of the hostilities.
“In its ruling yesterday, the International Court of Justice ordered that “Israel must take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip”. These measures are aimed at preventing irreparable damage to the rights of Palestinians.
“The only way that this can be done is through cooperation with international partners, especially UNRWA as the largest humanitarian actor in Gaza. Some 3,000 core staff out of 13,000 in Gaza continue to report to work, giving their communities a lifeline which can collapse anytime now due to lack of funding.
“It would be immensely irresponsible to sanction an Agency and an entire community it serves because of allegations of criminal acts against some individuals, especially at a time of war, displacement and political crises in the region.
“UNRWA shares the list of all its staff with host countries every year, including Israel. The Agency never received any concerns on specific staff members.
“Meanwhile, an investigation by OIOS into the heinous allegations will establish the facts. Moreover, as I announced on 17 January, an independent review by external experts will help UNRWA strengthen its framework for the strict adherence of all staff to the humanitarian principles.
“I urge countries who have suspended their funding to re-consider their decisions before UNRWA is forced to suspend its humanitarian response. The lives of people in Gaza depend on this support and so does regional stability".
ENDs-
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