United Arab Emirates Refuses to Join Gazan Stabilisation Force Lacking Defined Legal Framework

Proposals for an international security mission mandated by the United Nations to disarm Hamas in the Gaza Strip are encountering growing opposition after the United Arab Emirates announced it will not take part due to the absence of a well-defined legal framework.

Growing International Concerns

Israel have previously ruled out Turkish involvement, and Jordan's King Abdullah has stated that Jordanian forces will not participate. Azerbaijan, previously considered as a potential participant, was absent from a preparatory meeting in Turkey and said it would not take part unless a complete ceasefire was in place.

The UAE does not yet see a clear framework for the stabilisation force and under such circumstances declines involvement, but will support all diplomatic initiatives towards resolution – and remain at the vanguard of humanitarian aid.

Arab Doubts and Legal Issues

The Emirati announcement, made by diplomatic representative Dr Anwar Gargash at a conference in Abu Dhabi, reflects Arab doubts about the terms of a US-drafted document already distributed to delegates at the UN in NYC. The draft places an onus on a American-led stabilisation force to be the principal means of ensuring order in the territory after Israeli forces have withdrawn from the region.

Arab states would like greater duties to be assigned to a distinct Palestinian law enforcement agency. Global jurisprudence would also prohibit external forces from entering contested Palestinian territories unless there was clear Palestinian consent; without it, the mission could be seen as coercive under UN law, and potentially stabilising an illegal presence.

Palestinian Viewpoints and Calls for Clarity

Jamal Nusseibeh of the ceasefire proposal said: “It is critical that the force be sent not to reinforce the illegal presence, but to uphold international law and end it. The mission will succeed as long as it operates in the whole occupied territory, including the West Bank, at the invitation of the Palestinian authorities, and has a clear goal to end the occupation within the framework of a independent state of Palestine.”

There is no mention to the West Bank in the US draft resolution, or to a sovereign Palestine, or a two-state solution, a prospect that Israel opposes.

Continuing Negotiations and Possible Dangers

Detailed negotiations on the stabilisation force authority, including its leadership structure, began formally on last week in the UN headquarters, and appear to be lengthy – risking the development of a vacuum in Gaza that may strengthen Hamas.

The United States is proposing that it command the force although it will not have a large number of troops deployed on the ground. It has already effectively assumed command of the delivery 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 outlines the purpose of the security mission as “together with the newly trained and screened law enforcement to assist in protecting frontier zones, secure the security environment in the region by ensuring the procedure of disarming the territory including the elimination and blocking of rebuilding the militant and offensive infrastructure as well as the lasting decommissioning of weapons from non-state armed groups”.

The mission, reporting to a “peace council” led by Donald Trump, and not to the UN, would be required to use “all necessary measures” to fulfill its goals.

Regional powers including Qatari officials are also concerned that this mandate is overly broad, and if the group is to disarm, the group will solely do so to fellow Palestinians, likely in the civilian police force, at a time that, from the Hamas perspective, signifies the conclusion of occupation.

They also fear the proposed authority spills into granting the mission a governance function in the territory, a task that was to be reserved for a local expert panel working in conjunction with a restructured Palestinian Authority.

Humanitarian Aspects and Funding Questions

This “transitional governance administration” in the strip would remain until “the Palestinian Authority has satisfactorily finished its reform program, the satisfaction of which shall be approved to the BoP”, the proposal states. It also “underscores the significance” of full humanitarian aid in the territory, including through the UN, the International Committee of the Red Cross, and the humanitarian organizations.

However, it opens the door the removal of “any group determined to have improperly used such assistance”. The wording permits the board of peace barring Unrwa, the body that the international court of justice has said is the legal provider of assistance.

International Political Efforts

French officials and Saudi representatives are already pressing for a mention to a Palestinian state to be included in the resolution. The Saudi crown prince, Mohammed bin Salman, is scheduled in the US presidential residence on 18 November, and Manal Radwan has stated that a mention to a Palestinian state is a requirement.

The Palestinian Authority leader, Mahmoud Abbas, met the French leader, Emmanuel Macron, in Paris on Monday to review the authority's function.

Neither the UN nor the 15-member UNSC are assigned a supervisory function over the stabilisation force, supervising the implementation of the proposal, a point mostly overlooked by the draft text. Nothing is specified about the funding of this stabilisation mission, which, as per the US officials, should be largely covered by regional nations, with Saudi Arabia taking the lead.

Israel's Requests and Local Situations

Israeli authorities is seeking written guarantees from the United States that it be allowed to emulate the model of Lebanon and reserve the right to return to the territory if it believes disarmament is not occurring at a scale or pace it requires.

The Israeli proposal was presented to Jared Kushner, Donald Trump’s relative, and the US special envoy, Steve Witkoff. Kushner was in Jerusalem on this week to discuss developments on the truce and Witkoff was due to appear subsequently the that day.

Only the remains of a small number of the initial 251 captives are still unreturned.

Separately, Israel has been suggesting that the territory could still be split in two parts with reconstruction work starting in the Israel occupied parts of the strip. International officials maintain that this is not part of the Trump plan.

Erik Jordan
Erik Jordan

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