Privileges and Immunities of Intergovernmental Organizations in Palestine: The Legal Framework
Intergovernmental organizations (IGOs) occupy a distinct position in international and domestic legal systems. Generally established by treaty or another instrument governed by international law, IGOs derive their legal status from agreements or conventions between States and may possess an international legal personality distinct from that of their members. International non-governmental organizations (INGOs), by contrast, generally acquire their legal status under domestic law through registration with the competent authorities.
This distinction has practical consequences in Palestine. The legal framework governing charitable associations and civil society organizations, principally Law No. 1 of 2000, is not the appropriate framework for the establishment of an IGO. An IGO seeking to establish a formal presence in Palestine instead engages with the Ministry of Foreign Affairs and Expatriates, through which its legal status and the appropriate framework for its operations may be addressed.
One of the central questions arising in this process is the extent to which an IGO is entitled to privileges and immunities under Palestinian law. These may include immunity from legal process, protection of premises and archives, tax and customs exemptions, and certain privileges applicable to officials and employees. They can have direct implications for an organization’s operations, employment relationships, taxation, property and exposure to proceedings before Palestinian courts.
These protections, however, do not arise as a uniform package simply because an entity is an IGO. Their legal basis and scope depend on the framework applicable to the particular organization, including any relevant international convention and any agreement concluded with the Palestinian Authority. Determining an IGO’s position therefore requires examining the source of its privileges and immunities, as well as how those protections are given effect under Palestinian law and the persons and activities to which they extend.
How Privileges and Immunities Are Established for Intergovernmental Organizations in Palestine
Privileges and immunities available to an IGO in Palestine must have a legal basis. Depending on the organization concerned, that basis may arise from an international convention to which Palestine is a Party, or from a specific agreement concluded with the Palestinian Authority. Palestine acceded to the Convention on the Privileges and Immunities of the Specialized Agencies on 29 March 2018. The Convention establishes a framework of privileges and immunities for the specialized agencies to which it applies, including agencies brought into relationship with the United Nations under Articles 57 and 63 of the UN Charter. Its application therefore depends on the status of the particular organization, that is, it does not provide a general privileges and immunities regime for every IGO operating in Palestine.
Where an IGO is not covered by an applicable international convention, its status and protections may instead be established through an agreement with the Palestinian Authority. Such an agreement can define the organization’s legal personality and capacity in Palestine and specify the privileges and immunities afforded to the organization and, where applicable, its officials and personnel.
The agreement between the Palestinian Authority and the European Bank for Reconstruction and Development (EBRD) provides an important example. Signed on 18 May 2017, the agreement was subsequently ratified through Decree-Law No. 38 of 2020 and published in the Official Gazette. It addresses the EBRD’s legal status in Palestine and provides for a range of protections, including immunity from legal process, inviolability of archives, protections relating to property and assets, and tax and customs exemptions.
Protections may be granted through several legal forms. The Palestinian Authority may engage with IGOs through agreements, memoranda of understanding, exchanges of letters and other arrangements, but these instruments do not necessarily produce the same effects under Palestinian law. This is particularly relevant where the protection concerned alters rights or obligations established by domestic law. Article 30 of the Palestinian Basic Law protects the right of access to the courts, while Article 88 requires taxes, fees and exemptions from them to be established in accordance with law. Immunity from Palestinian legal proceedings or an exemption from Palestinian taxation therefore requires an appropriate legal basis capable of producing those effects domestically.
The result is that an IGO’s privileges and immunities cannot solely be determined by its institutional status. The starting point is the instrument applicable to that organization, followed by the protections that instrument establishes and the manner in which they have been given effect under Palestinian law.
What Privileges and Immunities Can an Intergovernmental Organizations in Palestine Receive?
IGO’s privileges and immunities are determined by the instrument governing its status. The protections afforded to one organization may therefore differ from those available to another. The PA–EBRD Agreement illustrates several of the principal protections that may be recognized in Palestine.
Immunity from Legal Process
An IGO may enjoy immunity from proceedings before Palestinian courts where its governing legal instrument provides for such protection. The PA–EBRD Agreement, for example, includes provisions granting immunity from legal process. The extent of this immunity, including any exceptions or waiver, depends on the terms of the applicable instrument.
Inviolability and Protection of the Organization
Privileges and immunities may also extend to an IGO’s premises, property, assets and archives. These protections are intended to safeguard the organization’s institutional functions and are defined by the applicable legal framework.
Tax and Customs Privileges
Depending on the governing instrument, an IGO may benefit from exemptions relating to income, property, official purchases and customs duties. Such exemptions may be limited to activities undertaken in the exercise of the organization’s official functions.
Privileges of Officials and Employees
Certain privileges may extend to an IGO’s officials and employees, including exemptions relating to remuneration, customs duties and social-security obligations. The availability of these protections depends on the applicable legal framework and the categories of personnel covered.
Privileges granted to an organization do not necessarily extend to its employees. In particular, the tax treatment of locally recruited personnel requires separate consideration under Palestinian law and the governing agreement.
How Palestinian Courts Have Approached IGO Immunity
The question of immunity becomes particularly significant when legal proceedings are brought against an IGO before Palestinian courts. Palestinian jurisprudence has addressed the relationship between immunity granted under international legal instruments and rights arising under domestic law, particularly in employment disputes.
Supreme Constitutional Court Judgment No. 4/2017 addressed the position of international conventions within the Palestinian legal system, recognizing that such conventions may take precedence over ordinary domestic legislation. The judgment is relevant to understanding how immunity established under an applicable international legal framework may affect access to Palestinian courts.
More recently, the Court of Cassation considered employment claims involving the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) in Cases No. 544/2024 and 640/2024, decided on 3 March and 16 April 2025, respectively. In Case No. 1117/2023, decided on 7 May 2025, the Court considered the immunity of the Belgian development agency, Enabel.
These decisions highlight an important distinction between an employee’s rights under Palestinian Labour Law and the jurisdiction of Palestinian courts to hear a claim against an organization enjoying immunity. Where immunity has been legally established and has not been waived, Palestinian courts may be prevented from hearing the claim, even where the employee seeks to enforce rights under domestic labour legislation. The cases illustrate the importance of the legal instrument establishing immunity, particularly its scope and any provisions concerning waiver.
Waiver of Immunity
An IGO may waive its immunity from legal process, allowing proceedings to be brought before domestic courts. Palestinian jurisprudence indicates that such a waiver must be clear and express. Contractual provisions concerning jurisdiction and dispute resolution therefore require careful consideration, particularly in employment relationships. Where immunity is preserved, disputes may be addressed through internal or alternative dispute-resolution mechanisms, depending on the organization’s governing framework and contractual arrangements. These provisions are important in determining how claims involving an IGO may be resolved.
The Limits of IGO Privileges and Immunities
The recognition of privileges and immunities does not place an IGO entirely outside the Palestinian legal framework. The extent of any protection remains defined by the convention, agreement or other legal instrument from which it derives.
A governing instrument may distinguish between the organization and its personnel, between different categories of officials and employees, and between activities performed in an official capacity and other activities. Protections granted to the organization also do not necessarily extend to third parties merely because they work with, contract with or receive support from it.
The same principle applies to immunity from legal process. The existence of immunity does not amount to a general exemption from Palestinian law. The applicable instrument must be examined to determine the proceedings covered, any exceptions to the immunity, the persons or property protected, and the circumstances in which immunity may be waived.
A Particular West Bank Implementation Issue
In the West Bank, a further distinction arises between the legal recognition of a privilege or immunity and its practical implementation. The Palestinian Authority may recognize an IGO’s status and grant particular protections under Palestinian law, while some of the governmental functions needed to give practical effect to those protections remain outside its operational control. This is particularly relevant to external borders, the entry and residence of foreign personnel, customs clearance and importation, movement of persons and goods, and activities or premises in Area C.
As a result, sole recognition by the Palestinian Authority may not be sufficient to implement every privilege in practice. An exemption relating to imported goods, for example, may be legally recognized under the applicable Palestinian framework while still requiring separate facilitation where the relevant customs or border process is administered by the Israeli authorities. Although this does not affect the legal status of the privilege under Palestinian law, it creates an additional operational consideration for IGOs establishing or maintaining a presence in the West Bank: the legal entitlement and the mechanism required to implement it may not always fall within the authority of the same entity.
Conclusion
The privileges and immunities available to an intergovernmental organization in Palestine ultimately depend on the legal framework governing its presence. An applicable international convention or agreement may provide immunity from legal process, protect the organization’s premises, property and archives, or establish tax, customs and personnel-related privileges. The terms of that instrument determine where those protections begin and end. Recent Palestinian court decisions show how consequential those terms can become in practice, particularly when immunity is raised in employment proceedings. They also underline the importance of addressing jurisdiction, waiver and dispute resolution clearly when an IGO establishes its legal and contractual arrangements in Palestine.
The West Bank context adds a further practical consideration. Some privileges recognized under Palestinian law may involve borders, customs, movement or other matters outside the Palestinian Authority’s operational control, requiring additional arrangements for their implementation. For an IGO establishing or maintaining a presence in Palestine, the applicable legal framework should therefore be settled early and with precision: the organization needs clarity on the protections it can rely on, the personnel and activities they cover, and the areas in which ordinary Palestinian legal requirements continue to apply.
Kurdi & Co. advises intergovernmental organizations on their establishment and operations in Palestine, including legal status, privileges and immunities, employment, taxation and regulatory matters. For further information or assistance, contact our team.
FAQs
IGOs generally engage with the Palestinian Ministry of Foreign Affairs and Expatriates to establish the legal framework governing their presence and operations. Their status may be addressed through an applicable international convention or a specific agreement with the Palestinian Authority.
No. The privileges and immunities available to an IGO depend on the international conventions or agreements applicable to that organization and their legal effect in Palestine. IGO status does not automatically confer a uniform set of protections.
This depends on whether the organization enjoys immunity from legal process under an applicable legal instrument. Palestinian courts have considered such immunity in employment disputes, including cases involving EUPOL COPPS and Enabel. The scope of immunity and any applicable waiver are central to determining jurisdiction.
An IGO may benefit from tax and customs exemptions where these are provided for under its governing legal framework. The scope of exemptions varies and may depend on the nature of the organization's activities and the persons or transactions concerned.
No. Privileges granted to an organization do not automatically extend to its personnel. The applicable convention or agreement determines which categories of employees may benefit from particular protections, including any exemptions relating to remuneration or customs obligations.
This Article was researched and written on October 3rd, 2026 by KurdiLaw.
