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The U.N.’s anti-Israel blacklist

The world body fuels division and distorts international law.

United Nations Building
Headquarters of the United Nations in New York City. Credit: jpeter2/Pixabay.
Anne Herzberg is the legal advisor at NGO Monitor, a Jerusalem-based research institute.

The United Nations is a primary driver of continuing conflict between Palestinians and Israelis, promoting hatred of Jews and the economic immiseration of both peoples. Perhaps the most well-documented example is UNRWA and its longstanding promotion of Israel-eliminationism and incitement of Palestinian children. Not to be outdone, the U.N. Human Rights Council updated its blacklist of companies purportedly doing business in “Israeli settlements in Occupied Palestinian Territory” in September.

Beyond its false premise, shoddy methodology and glaring double standards, the list, prepared by functionaries in the U.N. Office for the High Commissioner for Human Rights (the council’s bureaucratic arm), represents a grave distortion of international law, business and human-rights principles and fuels division.

First, there is no prohibition whatsoever in international law barring business activities in “occupied territory.” Second, regardless of one’s views on Israeli settlements as a political and policy matter, there is no definition of, nor explicit prohibition regarding “settlements” in any international legal instrument. Third, the prohibition in the 1949 Fourth Geneva Convention regarding forcible transfer of civilian populations into occupied territory applies to state contracting parties to the convention, not private businesses.

Yet setting aside these and myriad other manipulations of international law by the United Nations, the blacklist also seeks to penalize companies for carrying out activities explicitly required by the Oslo Accords (the international agreement regarding the governance of territory over the 1949 Armistice lines), as well as companies providing security and offering civilian goods and services.

Consider water, telecommunications, transportation and other basic infrastructure. Under the Oslo Accords, Israel is mandated to provide such services to Palestinian areas. In fact, some of the companies included in the blacklist are explicitly named in the accords. In other words, the United Nations is now demanding BDS (boycott, divestment and sanctions) against companies for carrying out activities they are specifically required to do under an agreement witnessed by the world body. Other companies are targeted for providing technology to counter terrorism, or even merely because they sell groceries, coffee and cake.

Moreover, many of the companies defamed by the blacklist employ thousands of Palestinians, providing stable jobs, high wages and benefits. Not only does the United Nations seek to gravely damage the Israeli economy through this list, but it is also purposely seeking to deprive Palestinians of vital infrastructure and employment. While business and economic cooperation is a powerful tool to bring people together and improve standards of living, this U.N. exercise does precisely the opposite.

It is also notable that the United Nations has taken no steps to counter Hamas or other Palestinian terror groups—the most effective measures in lowering violence. Instead, U.N. agencies routinely work with Hamas and terror-linked NGOs, and refuse to safeguard humanitarian aid from diversion. UNRWA officials act with impunity and continue to serve despite the clear evidence of aiding and abetting the Oct. 7 atrocities. The United Nations has done nothing to end the Palestinian Authority’s grotesque pay-for-slay program and remains silent when P.A. officials incite violence against Israelis and Jews.

The promotion of extremist actors is also evident in the creation of the blacklist.

Instead of consulting businesses in the region and positively engaging with stakeholders as required by the U.N. Guiding Principles for Business and Human Rights and other international standards, OHCHR established a punitive and ideological process, driven by BDS- and terror-linked NGO activists.

Based on discussions I had with representatives from several of the targeted companies, U.N. officials involved with the list treated them with contempt and hostility. Other U.N. mandate holders supporting this process appear on panels with BDS groups and anti-Israel extremists, and have made no effort to engage with those who do not share their radical ideology.

It is beyond hypocritical for the United Nations to preach about peace between Israelis and Palestinians when it is engaged in activities designed to maintain hate, division, conflict and economic destruction in the region. The billions of dollars, euros, pounds, francs, yen and kroner provided to U.N. agencies operating in the conflict are being spent on these failed policies and programs. Taxpayers should demand that their leaders find better uses for their money.

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