UAE Declines to Join Gaza Security Force Lacking Clear Legal Framework

Plans for an international stabilisation force authorized by the UN to disarm the militant group in Gaza are facing increasing opposition after the United Arab Emirates announced it will not take part due to the lack of a clear legal framework.

Increasing International Reservations

Israeli authorities have previously ruled out Turkey participation, and Jordan's King Abdullah has declared that Jordanian troops will not participate. Azerbaijan, once mooted as a possible participant, was absent from a preparatory meeting in Turkey and indicated it would not contribute unless a complete ceasefire was established.

The UAE lacks clarity on a clear framework for the stabilisation mission and under such circumstances declines involvement, but will support all political initiatives towards resolution – and remain at the forefront of relief efforts.

Regional Doubts and Legal Issues

The Emirati decision, delivered by senior envoy Dr Anwar Gargash at a forum in Abu Dhabi, reflects Arab reservations about the terms of a American-proposed document previously distributed to delegates at the UN in NYC. The draft assigns responsibility on a US-directed stabilisation force to be the primary means of imposing order in Gaza after Israel have left the territory.

Regional governments would like expanded responsibilities to be given to a distinct local law enforcement agency. Global jurisprudence would also forbid external forces from deploying into contested Palestinian territories unless there was explicit local approval; without it, the force could be seen as imposed under international statutes, and arguably reinforcing an unlawful Israeli occupation.

Palestinian Viewpoints and Appeals for Clarity

Jamal Nusseibeh of the Palestinian armistice plan commented: “It is critical that the force be deployed not to stabilise the unlawful presence, but to uphold global standards and end it. The force will succeed as long as it operates in the entire disputed land, including the occupied territories, at the invitation of the Palestinian authorities, and has a defined goal to end the occupation within the context of a sovereign 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.

Ongoing Discussions and Potential Dangers

In-depth negotiations on the stabilisation force authority, including its command and control, started formally on last week in New York, and look likely to be protracted – potentially creating the development of a vacuum in the strip that may strengthen militant factions.

The United States is proposing that it lead the mission although it will not have a large number of personnel involved on the ground. It has previously in effect assumed command of the delivery of relief supplies into Gaza from a recently established logistical hub based in Israel.

Force Objectives and Governance Function

The draft American document outlines the purpose of the security mission as “together with the recently prepared and screened law enforcement to assist in protecting frontier zones, stabilise the safety situation in Gaza by guaranteeing the procedure of demilitarising the Gaza Strip including the elimination and prevention of rebuilding the military terror and hostile facilities as well as the lasting decommissioning of arms from non-state armed groups”.

The force, answerable to a “board of peace” led by the former US president, and not to the UN, would be required to use “any required actions” to fulfill its goals.

Arab states 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 civilian police force, at a time that, from the Hamas viewpoint, marks the conclusion of Israeli presence.

They also fear the draft mandate extends to giving the stabilisation force a governance function in Gaza, a task that was to be reserved for a local technocratic committee working in conjunction with a reformed local government.

Humanitarian Considerations and Financial Issues

This “transitional governance administration” in the strip would remain until “the local government has satisfactorily finished its restructuring plan, the approval of which shall be approved to the board of peace”, the draft says. It also “emphasizes the importance” of full relief in Gaza, 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 aid”. The phrase leaves open the council excluding Unrwa, the body that the global judicial body has ruled is the lawful distributor of assistance.

International Diplomatic Efforts

French officials and Saudi representatives are already pressing for a mention to a sovereign Palestine to be added in the document. The Saudi crown prince, Mohammed bin Salman, is due in the White House on the specified date, and a Saudi foreign ministry official has stated 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 Monday to review the authority's function.

Not the United Nations nor the 15-member UNSC are given a oversight role over the mission, monitoring the execution of the resolution, a aspect mostly ignored by the proposed document. Nothing is outlined about the funding of this security operation, which, according to the US officials, should be largely borne by Gulf states, with the Kingdom taking the lead.

Israel's Requests and Local Developments

Israeli authorities is seeking formal assurances from the US that it be allowed to follow the model of the Lebanese situation and reserve the authority to re-enter the territory if it considers disarmament is not occurring at a scale or pace it requires.

The Israeli proposal was put to Jared Kushner, the ex-president's son-in-law, and the US special envoy, Steve Witkoff. The advisor was in the Israeli capital on Monday to review progress on the ceasefire and Witkoff was due to arrive subsequently the same day.

Only the remains of four of the original 251 Israeli hostages remain not recovered.

Independently, Israeli officials has been suggesting that the Gaza Strip could still be divided in two with reconstruction work starting in the Israel occupied areas of the region. International officials insist that this is not part of the Trump plan.