UAE Declines to Join Gazan Security Mission Lacking Defined Legal Framework

Proposals for an international stabilisation force authorized by the UN to demilitarize the militant group in Gaza are facing increasing opposition after the UAE stated it would not take part due to the absence of a well-defined legal framework.

Growing International Concerns

Israel have previously ruled out Turkish involvement, and the Jordanian King Abdullah has stated that his country's forces will not join. Azerbaijan, previously mooted as a possible contributor, was absent from a planning meeting in Turkey and indicated it would not contribute unless a complete truce was established.

Emirati officials lacks clarity on a clear structure for the stabilisation mission and under such circumstances declines involvement, but will support all diplomatic initiatives towards peace – and stay at the vanguard of relief efforts.

Arab Skepticism and Legal Concerns

The UAE's announcement, made by diplomatic representative Dr Anwar Gargash at a conference in the UAE capital, highlights Arab doubts about the terms of a US-drafted resolution previously distributed to diplomats at the UN in NYC. The draft assigns responsibility on a US-directed security mission to be the principal means of imposing order in Gaza after Israel have left the region.

Regional governments would like greater duties to be given to a separate Palestinian law enforcement agency. International law would also forbid foreign troops from entering contested Palestinian territories unless there was clear Palestinian consent; otherwise, the mission could be seen as imposed under international statutes, and arguably reinforcing an illegal presence.

Palestinian Perspectives and Appeals for Definition

Jamal Nusseibeh of the Palestinian armistice plan commented: “It is essential that the force be sent not to stabilise the unlawful Israeli occupation, but to uphold international law and end it. The force will succeed as long as it operates in the entire disputed land, including the West Bank, at the invitation of Palestine, and has a clear goal to conclude the occupation within the framework of a sovereign Palestinian state.”

The draft contains no mention to the occupied territories in the US draft resolution, or to a Palestinian state, or a peaceful resolution, a outcome that Israeli leadership rejects.

Continuing Discussions and Possible Risks

In-depth talks on the mission mandate, including its command and control, started formally on last week in the UN headquarters, and appear to be protracted – risking the development of a vacuum in the strip that may strengthen militant factions.

The United States is proposing that it command the force although it will not have a large number of personnel involved on the terrain. It has already effectively assumed command of the distribution of relief supplies into the territory from a recently established civil military coordination centre based in Israel.

Mission Objectives and Administrative Function

The proposed American document defines the aim of the stabilisation force as “together with the newly trained and screened law enforcement to help secure frontier zones, secure the security environment in Gaza by ensuring the procedure of disarming the Gaza Strip including the elimination and blocking of reconstructing the militant and hostile facilities as well as the lasting removal of weapons from militant factions”.

The force, reporting to a “peace council” chaired by the former US president, and not to the United Nations, would be required to use “all necessary measures” to fulfill its objectives.

Regional powers including Qatari officials are also worried that this authority is overly broad, and if the group is to lay down arms, the group will solely do so to fellow Palestinians, likely in the civilian police force, at a moment that, from the Hamas viewpoint, signifies the conclusion of Israeli presence.

They also worry the proposed authority spills into granting the stabilisation force a governance function in Gaza, a responsibility that was to be reserved for a local expert panel working in conjunction with a restructured Palestinian Authority.

Humanitarian Aspects and Financial Questions

This “interim authority” in the strip would remain until “the Palestinian Authority has adequately finished its restructuring plan, the approval of which shall be acceptable to the BoP”, the proposal says. It also “underscores the significance” of unhindered humanitarian aid in the territory, including through the United Nations, the ICRC, and the Red Crescent.

However, it allows for the exclusion of “any organisation found to have misused such assistance”. The phrase permits the council excluding Unrwa, the body that the international court of justice has ruled is the legal provider of assistance.

International Diplomatic Efforts

France and Saudi representatives are already pressing for a mention to a sovereign Palestine to be added in the resolution. The Saudi leader, Mohammed bin Salman, is due in the US presidential residence on the specified date, and Manal Radwan has said that a reference to a independent Palestine is a prerequisite.

The Palestinian Authority leader, Mahmoud Abbas, held talks with the French president, Emmanuel Macron, in the French capital on this week to discuss the PA role.

Not the United Nations nor the 15 strong UNSC are assigned a oversight function over the mission, supervising the execution of the proposal, a point mostly overlooked by the proposed document. No details is outlined about the funding of this stabilisation mission, which, as per the Americans, should be mostly borne by regional nations, with Saudi Arabia taking the lead.

Israeli Demands and Regional Situations

Israeli authorities is seeking formal assurances from the United States that it be allowed to emulate the model of the Lebanese situation and reserve the authority to re-enter the territory if it believes disarmament is not occurring at a level or speed it requires.

The Israeli proposal was put to Jared Kushner, the ex-president's son-in-law, and the American diplomat, Steve Witkoff. Kushner was in the Israeli capital on Monday to discuss progress on the truce and the envoy was scheduled to arrive subsequently the that day.

Just the remains of a small number of the initial hundreds of Israeli hostages remain unreturned.

Separately, Israel has been proposing that the Gaza Strip could yet be split in two parts with rebuilding efforts beginning in the Israel occupied areas of the region. Western diplomats insist that this is not part of the former US administration's proposal.

Ryan Kelley
Ryan Kelley

Environmental journalist with a decade of experience covering climate science and policy, based in Berlin.