US embassy cable - 04AMMAN4470

C O N F I D E N T I A L AMMAN 004470 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR NEA AND PRM FRONT OFFICES 
NSC FOR ABRAMS/DANIN/KIFAYAT 
 
E.O. 12958: DECL: 06/02/2014 
TAGS: PREF, PREL, PHUM, EAID, KPAL, KWBG, IS, JO, UNRWA 
SUBJECT: EUROPEANS PRESSURE UNRWA NOT TO PROVIDE REHOUSING 
IN RAFAH 
 
REF: JERUSALEM 1662 
 
Classified By: DCM David Hale, per 1.5 (b) and (d). 
 
1.  (SBU) UNRWA's May 31 launch of a new USD 15.8 million 
supplementary appeal for Rafah was dominated by discussion of 
Israel's obligations under international humanitarian law. 
According to UNRWA External Relations Director Andrew 
Whitley, the European Commission and "seven or eight European 
countries" strongly urged UNRWA not to provide rehousing 
assistance in Rafah, arguing that Israel should provide 
compensation for the housing units demolished and destroyed 
over the last year.  The Europeans cited as a legal precedent 
the Israeli Government's decision to pay compensation to the 
World Food Program (WFP) after the IDF destroyed a WFP 
warehouse in Gaza in 2003 and urged UNRWA to pursue similar 
claims.  (Comment:  There does not appear to be an exact 
parallel between compensation given to the UN for the bombing 
of clearly identified UN property and compensation for 
destruction/damages of refugee shelters, as neither the UN 
nor individual refugees possess clear title to refugee 
shelters.  Moreover, the GOI was careful not to characterize 
its reimbursement for the WFP damage as "compensation," 
referring to it instead as a "humanitarian gesture." 
Finally, the GOI did not provide cash but offered an in-kind 
donation of vegetable oil valued at USD 77,000 while damages 
were estimated at USD 199,000.) 
 
2.  (SBU) While UNRWA lawyers are examining the possibility 
of legal claims against the Israeli government for damages 
incurred to infrastructure and refugee housing in Gaza, 
Whitley said that UNRWA's position, as articulated by ComGen 
Peter Hansen, is that legal issues should not prevent UNRWA 
from providing urgent humanitarian assistance where needed, 
including housing repair and reconstruction.  Should UNRWA 
determine that international humanitarian law has been 
violated in recent Gaza incursions, it can then pursue 
compensation claims with the GOI after refugees' immediate 
needs have been met.  UNRWA will therefore continue with its 
plans to provide urgent humanitarian assistance to those 
refugees displaced by recent incursions and, funds 
permitting, build new permanent housing for the 21,142 people 
who have lost their homes over the last year.  UNRWA 
estimates current Gaza rehousing needs at USD 38.5 million 
but has been unable to implement new housing programs due to 
severe underfunding of its current emergency appeal. 
 
3.  (C) Comment:  The concerted European call for UNRWA to 
withhold reconstruction and rehousing assistance in Rafah 
follows a heated May 24 HEPG meeting in which European 
donors, led by EU President Ireland, argued that Israel has 
violated international humanitarian law in recent Gaza 
incursions and should be held accountable for its actions 
(ref).  The Europeans will likely advocate the same position 
at the June 4 LACC meeting.  We agree with UNRWA that future 
potential legal claims should not preclude UNRWA and the 
international community from providing urgent humanitarian 
assistance where needed. 
 
4. (U) ConGen Jerusalem cleared this message. 
GNEHM