Avraham Shalev

Adv. Avraham Russell Shalev is a Researcher at the Kohelet Policy Forum Legal Department and specializes in public law. He holds a Bachelor’s degree in Political Science and Middle Eastern Studies from McGill University in Canada, and a Bachelor of Law, and Master’s degree in Middle Eastern Studies from Bar-Ilan University.

Trump helps those who help themselves

A friendly administration in the White House is no excuse to sit by and do nothing. The successful legislation in the fight against UNRWA demonstrates that Israel can lead significant strategic initiatives if it dares to act.

 

The election of Donald Trump as President of the United States came as a great relief to nationally minded Israelis. During his first term, Trump proved himself to be the most pro-Israel American president by his actions as well as his rhetoric. He moved the US embassy to Jerusalem, halted funding for UNRWA, recognized Israeli sovereignty over the Golan Heights, and declared that Jewish towns in Judea and Samaria were legal under international law.

However, despite the excitement over his potential second term, Israel is sitting on its proverbial hands, expecting Trump to be more Zionist than the State of Israel itself.

The laws recently passed against UNRWA are clear proof that when Israel takes the initiative, allied states follow suit. On his first day in office, Trump paused all international aid, pending a thorough review. The new President is expected to soon halt UNRWA funding once again, after it had been reinstated by President Biden.

Demonstrators gather outside UNRWA headquarters in wake of Oct. 7 attacks on March 20, 2024. Photo credit: Oren Ben Hakoon Oren Ben Hakoon

A civil suit against UNRWA senior officials for the critical role it played in funding the Hamas terror organization is currently ongoing in New York. In contrast to the previous administration, Trump is likely to declare that UNRWA and its employees do not enjoy diplomatic immunity from lawsuits. Senator Ted Cruz is promoting legislation that will allow American citizens to sue international organizations that support terror, UNRWA among them. At the same time, however, the Israeli Department of Justice insists that UNRWA has full diplomatic immunity. In a recent hearing at the Knesset Finance Committee, the representative from the Department of Justice claimed that under international law, the question of UNRWA's immunity was as simple as one plus one.

Despite the representative's supreme confidence, nine senior jurists and diplomats, among them former US Attorney General Michael Mukasey, filed a brief with the United States District Court for the Southern District of New York detailing why UNRWA is, in fact, not protected by immunity. If such a position is possible, why does the Israeli Department of Justice insist on impeding American efforts to sue UNRWA?

Upon assuming the presidency, Trump signed an Executive Order to reinstate personal sanctions against the International Criminal Court (ICC) Prosecutor. Republican lawmakers are moving to pass legislation to impose harsh sanctions on the ICC and the states cooperating with it, in an effort to paralyze its activities. Already two decades ago, the US passed a law that prohibited the state from cooperating with the ICC. But despite years of discussions in Israel, a similar bill was only recently laid on the Knesset table, put forward by Knesset Member Amit Halevi. The "Bill Proposal for the Protection of Israelis" mirrors American law and sets criminal prohibitions on civilians passing information on soldiers or public officials to the ICC. Yet for weeks now, the Ministerial Committee for Legislative Affairs has delayed any discussion of the bill, claiming that legal counsel has not yet formed its final position. The question arises once more: How can we expect the US to crush the Court when we ourselves won't take even such a minimal step?

A resident of the southern Lebanese village of Yaroun lifts a Hezbollah flag while gathering with others at the entrance of the town where soldiers of the Lebanese army and UNIFIL have deployed to prevent people from returning as Israeli forces remain in the area on January 28, 2025. Photo credit: Mahmoud Zayyat/ AFP AFP

As is well known, the UNIFIL organization serves as the "UNRWA of Lebanon", in the sense that it provides human shield and cover for the Hezbollah terror organization. As a Danish UNIFIL soldier recently testified, "We were completely subordinate to Hezbollah." During the IDF's ground operation in Lebanon, Hezbollah tunnels were discovered in close proximity to UNIFIL positions.

UNIFIL's mandate is set to expire in August, and President Trump is considering vetoing its renewal – a move that would lead to its complete dissolution. Trump nearly vetoed it during his first term, but according to reports, Israeli security officials were the ones who convinced him that UNIFIL serves as a moderating element in Lebanon. This time around, we must not save UNIFIL, which has proven itself to be an abject failure at its core.

The next four years will present the State of Israel with significant opportunities, but we must remember that the ball is in Jerusalem's court, not Washington's. A friendly administration in the White House is no excuse to sit by and do nothing. The successful legislation in the fight against UNRWA demonstrates that Israel can lead significant strategic initiatives if it dares to act. Trump will not help those who do not help themselves.

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