United Arab Emirates Declines to Join Gazan Stabilisation Mission Lacking Clear Legal Framework
Proposals for an international security mission authorized by the United Nations to disarm Hamas in Gaza are encountering increasing opposition after the United Arab Emirates stated it would not take part due to the lack of a clear legal structure.
Growing Global Concerns
Israeli authorities have already ruled out Turkey involvement, and Jordan's King Abdullah has declared that his country's forces will not join. The Azerbaijani government, once mooted as a possible participant, was absent from a preparatory session in Istanbul and indicated it would not contribute unless a complete ceasefire was in place.
Emirati officials does not yet see a clear structure for the stability force and under such circumstances declines involvement, but will support all political efforts towards peace – and stay at the vanguard of relief efforts.
Arab Skepticism and Juridical Issues
The Emirati decision, made by diplomatic representative Dr Anwar Gargash at a forum in Abu Dhabi, highlights Arab doubts about the terms of a American-proposed resolution already distributed to delegates at the UN in New York. The draft places an onus on a American-led security mission to be the principal means of ensuring security in Gaza after Israeli forces have left the territory.
Arab states would like expanded responsibilities to be given to a distinct Palestinian law enforcement agency. International law would also prohibit foreign troops from entering occupied Palestinian territories unless there was clear Palestinian consent; without it, the force could be viewed as imposed under UN law, and potentially stabilising an unlawful presence.
Palestinian Perspectives and Appeals for Definition
Jamal Nusseibeh of the ceasefire proposal said: “It is critical that the force be deployed not to reinforce the unlawful presence, but to enforce international law and terminate it. The force will work as long as it operates in the whole occupied territory, including the West Bank, at the invitation of Palestine, and has a clear goal to end the presence within the framework of a sovereign state of Palestine.”
There is no mention to the occupied territories in the American proposal, or to a sovereign Palestine, or a two-state solution, a outcome that Israel rejects.
Continuing Negotiations and Potential Dangers
Detailed talks on the stabilisation force authority, including its leadership structure, began formally on Thursday in the UN headquarters, and appear to be lengthy – potentially creating the development of a vacuum in the strip that may empower militant factions.
The US is suggesting that it command the mission although it will not have a large number of troops deployed on the ground. It has already in effect assumed command of the distribution of humanitarian aid into the territory from a new logistical hub based in the neighboring country.
Mission Mandate and Governance Function
The draft American document defines the purpose of the stabilisation force as “along with the newly trained and vetted law enforcement to assist in protecting frontier zones, stabilise the security environment in Gaza by ensuring the process of disarming the Gaza Strip including the elimination and blocking of reconstructing the militant and offensive infrastructure as well as the permanent removal of arms from non-state armed groups”.
The force, reporting to a “board of peace” chaired by the former US president, and not to the UN, would be required to use “all necessary measures” to fulfill its goals.
Regional powers including Qatar are also concerned that this mandate is too expansive, and if Hamas is to disarm, the faction will only do so to local counterparts, probably in the local law enforcement, at a time that, from the Hamas perspective, signifies the end of occupation.
They also fear the proposed authority extends to giving the stabilisation force a governance role in Gaza, a responsibility that was to be set aside for a local technocratic committee working in conjunction with a reformed Palestinian Authority.
Aid Aspects and Financial Issues
This “transitional governance administration” in Gaza would remain until “the local government has adequately completed its reform program, the satisfaction of which shall be acceptable to the BoP”, the proposal says. It also “emphasizes the significance” of unhindered humanitarian aid in Gaza, including through the United Nations, the ICRC, and the humanitarian organizations.
However, it allows for the exclusion of “any organisation determined to have misused such assistance”. The wording leaves open the council excluding the UN relief agency, the organization that the global judicial body has ruled is the lawful distributor of aid.
Global Political Initiatives
French officials and Saudi Arabia are currently advocating for a reference to a sovereign Palestine to be included in the resolution. The Saudi leader, Mohammed bin Salman, is due in the White House on 18 November, and Manal Radwan has said that a mention to a independent Palestine is a requirement.
The PA chair, Mahmoud Abbas, held talks with the French leader, Emmanuel Macron, in the French capital on this week to discuss the PA role.
Neither the United Nations nor the 15 strong UNSC are assigned a oversight role over the mission, monitoring the execution of the resolution, a aspect mostly ignored by the draft text. Nothing is outlined about the financing of this security operation, which, as per the US officials, should be largely borne by regional nations, with Saudi Arabia assuming primary responsibility.
Israel's Requests and Local Developments
Israeli authorities is requesting written guarantees from the US that it be allowed to follow the model of Lebanon and retain the authority to re-enter the territory if it considers demilitarization is not taking place at a scale or speed it requires.
The request was presented to the former US advisor, the ex-president's relative, and the US special envoy, Steve Witkoff. The advisor was in Jerusalem on Monday to discuss developments on the truce and Witkoff was scheduled to appear later the that day.
Only the remains of a small number of the original 251 captives remain unreturned.
Independently, Israel has been suggesting that the territory could yet be split in two with rebuilding efforts beginning in the Israel occupied parts of the region. Western diplomats maintain that this is not part of the Trump plan.