UAE Refuses to Join Gaza Security Force Without Defined Juridical Structure

Plans for an international security mission mandated by the UN to disarm Hamas in the Gaza Strip are facing growing opposition after the UAE stated it would not take part due to the absence of a clear legal framework.

Increasing Global Concerns

Israel have previously excluded Turkish participation, and the Jordanian King Abdullah has stated that Jordanian troops will not join. The Azerbaijani government, previously mooted as a potential contributor, did not attend a planning session in Istanbul and said it would not contribute unless a complete ceasefire was in place.

Emirati officials lacks clarity on a clear structure for the stability force and in this situation will not participate, but backs all diplomatic efforts towards peace – and remain at the vanguard of relief efforts.

Arab Doubts and Legal Concerns

The Emirati announcement, delivered by diplomatic representative Dr Anwar Gargash at a conference in Abu Dhabi, highlights Arab doubts about the terms of a American-proposed document already distributed to diplomats at the UN in New York. The draft assigns responsibility on a US-directed security mission to be the principal means of imposing security in Gaza after Israeli forces have left the region.

Arab states would prefer greater responsibilities to be given to a distinct Palestinian law enforcement agency. Global jurisprudence would also forbid foreign troops from deploying into occupied Palestinian territories unless there was explicit local approval; otherwise, the mission could be viewed as imposed under international statutes, and arguably stabilising an unlawful Israeli occupation.

Palestinian Viewpoints and Calls for Definition

A Palestinian American co-author of the ceasefire proposal commented: “It is critical that the mission be deployed not to reinforce the unlawful Israeli occupation, but to enforce international law and end it. The mission will work as long as it operates in the entire disputed land, including the West Bank, at the invitation of Palestine, and has a clear objective to conclude the occupation within the framework of a sovereign state of Palestine.”

There is no reference to the West Bank in the American proposal, or to a Palestinian state, or a two-state solution, a outcome that Israel rejects.

Ongoing Discussions and Possible Dangers

In-depth talks on the stabilisation force authority, including its leadership structure, began formally on Thursday in the UN headquarters, and appear to be lengthy – risking the development of a vacuum in the strip that may empower militant factions.

The United States is suggesting that it command the mission although it will not have a large number of personnel deployed on the terrain. It has already effectively taken control of the delivery of relief supplies into the territory from a recently established logistical hub based in Israel.

Force Objectives and Administrative Function

The proposed American document defines the purpose of the security mission as “along with the newly trained and screened law enforcement to help secure frontier zones, secure the security environment in Gaza by guaranteeing the process of disarming the territory including the destruction and prevention of reconstructing the military terror and hostile facilities as well as the lasting removal of weapons from militant factions”.

The force, answerable to a “board of peace” chaired by Donald Trump, and not to the United Nations, would be mandated to use “all necessary measures” to achieve its objectives.

Regional powers including Qatari officials are also concerned that this authority is overly broad, and if Hamas is to lay down arms, the group will solely do so to local counterparts, likely in the civilian police force, at a time that, from the militant perspective, marks the end of Israeli presence.

They also fear the proposed authority extends to giving the stabilisation force a administrative function in Gaza, a responsibility that was to be reserved for a local expert panel working in cooperation with a reformed local government.

Aid Considerations and Funding Questions

This “interim authority” in the strip would remain until “the Palestinian Authority has satisfactorily completed its reform program, the approval of which shall be approved to the board of peace”, the proposal says. It also “emphasizes the significance” of unhindered relief in the territory, including through the United Nations, the International Committee of the Red Cross, and the Red Crescent.

However, it allows for the exclusion of “any group determined to have improperly used such assistance”. The phrase leaves open the board of peace barring the UN relief agency, the body that the international court of justice has ruled is the legal distributor of aid.

Global Diplomatic Initiatives

France and Saudi Arabia are currently advocating for a mention to a Palestinian state to be included in the resolution. The Saudi crown prince, Mohammed bin Salman, is due in the White House on 18 November, and a Saudi foreign ministry official has said that a mention to a Palestinian state is a prerequisite.

The PA chair, Mahmoud Abbas, met the French president, Emmanuel Macron, in the French capital on this week to discuss the PA role.

Not the UN nor the 15-member security council are given a oversight function over the stabilisation force, supervising the implementation of the resolution, a point mostly overlooked by the draft text. No details is outlined about the funding of this security operation, which, according to the US officials, should be largely covered by Gulf states, with Saudi Arabia taking the lead.

Israel's Demands and Regional Developments

Israeli authorities is seeking written guarantees from the United States that it be permitted to emulate the model of Lebanon and reserve the right to re-enter Gaza if it believes disarmament is not occurring at a scale or pace it demands.

The Israeli proposal was put to the former US advisor, Donald Trump’s relative, and the US special envoy, Steve Witkoff. Kushner was in the Israeli capital on this week to review developments on the ceasefire and Witkoff was due to arrive later the that day.

Just the remains of four of the original hundreds of Israeli hostages are still not recovered.

Independently, Israel has been suggesting that the Gaza Strip could yet be divided in two parts with reconstruction work beginning in the Israel occupied parts of the strip. International officials maintain that this is no part of the former US administration's proposal.

Hannah Stafford
Hannah Stafford

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