76 No. 78 JUSTICE In many terrorism cases, governmental investigative, sanctions, or prosecutorial action confirms the seriousness of the alleged terror nexus. Here, that feature remains at this time yet to be fully developed. The U.S. government should act forcefully to reinforce the Government’s no-immunity position by treating UNRWA as an entity fully answerable to and under American law. It should not be deterred by the continued overt attempt by the UN to claim an undeserved immunity for one of its created organizations. Immunity in American courts is not a right, but rather a privilege granted under American law – made by Congress and the Executive, not foreign bodies such as the United Nations seeking immunity for their creations. The question that these cases will answer is whether that remains true.n Joseph H. Tipograph, Esq. is an attorney with Heideman Nudelman & Kalik, PC, the Washington, DC firm that represents American Victims of Terror, who serves as counsel in the pending litigation Estate of Sha’arabany, et al. vs. UNRWA, et al., No. 1:25-cv-02490-RCL (D.D.C.).
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