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Plans for an international stabilisation force mandated by the UN to demilitarize Hamas in Gaza are encountering growing opposition after the United Arab Emirates stated it would not take part due to the absence of a clear legal framework.

Increasing Global Concerns

Israel have already ruled out Turkish participation, and the Jordanian King Abdullah has declared that Jordanian forces will not join. The Azerbaijani government, once mooted as a potential contributor, was absent from a planning meeting in Istanbul and indicated it would not contribute unless a complete ceasefire was established.

Emirati officials lacks clarity on a clear framework for the stabilisation force and in this situation will not participate, but backs all political initiatives towards resolution – and stay at the vanguard of humanitarian aid.

Regional Skepticism and Juridical Concerns

The Emirati announcement, delivered by senior envoy Dr Anwar Gargash at a forum in the UAE capital, highlights Arab doubts about the provisions of a US-drafted document previously circulated to diplomats at the UN in NYC. The proposal places an onus on a American-led security mission to be the primary means of imposing security in Gaza after Israel have withdrawn from the region.

Arab states would prefer expanded responsibilities to be given to a distinct Palestinian law enforcement agency. Global jurisprudence would also forbid external forces from deploying into occupied Palestinian territories unless there was explicit Palestinian consent; otherwise, the mission could be viewed as imposed under international statutes, and potentially stabilising an illegal presence.

Palestinian Viewpoints and Calls for Clarity

Jamal Nusseibeh of the ceasefire proposal commented: “It is critical that the force be sent not to reinforce the illegal Israeli occupation, but to uphold international law and terminate it. The force will work as long as it operates in the entire occupied territory, including the occupied territories, at the invitation of Palestine, and has a clear objective to conclude the occupation within the context of a sovereign Palestinian state.”

There is no reference to the occupied territories in the American proposal, or to a Palestinian state, or a peaceful resolution, a outcome that Israel rejects.

Ongoing Discussions and Potential Risks

In-depth talks on the stabilisation force mandate, including its command and control, started formally on last week in New York, and look likely to be lengthy – risking the development of a vacuum in Gaza that may empower militant factions.

The US is proposing that it command the force although it will not have a large number of troops 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 the neighboring country.

Mission Mandate and Governance Function

The draft American document defines the purpose of the security mission as “along with the recently prepared and screened law enforcement to assist in protecting border areas, secure the safety situation in the region by ensuring the process of demilitarising the Gaza Strip including the elimination and prevention of reconstructing the military terror and hostile facilities as well as the lasting removal of weapons from non-state armed groups”.

The mission, reporting to a “board of peace” led by Donald Trump, and not to the UN, would be mandated to use “all necessary measures” to achieve its objectives.

Regional powers including Qatari officials are also worried that this mandate is too expansive, and if Hamas is to lay down arms, the group will solely do so to local counterparts, probably in the civilian police force, at a time that, from the Hamas perspective, signifies the conclusion of Israeli presence.

They also fear the draft mandate extends to giving the stabilisation force a administrative role in the territory, a task that was to be set aside for a local expert panel working in cooperation with a reformed Palestinian Authority.

Humanitarian Aspects and Financial Issues

This “interim authority” in Gaza would stay until “the local government has adequately finished its restructuring plan, the approval of which shall be acceptable to the BoP”, the draft says. It also “emphasizes the significance” of full relief in the territory, including through the United Nations, the ICRC, and the Red Crescent.

However, it allows for the exclusion of “any group found to have misused such assistance”. The phrase permits the board of peace barring Unrwa, the body that the international court of justice has said is the legal distributor of aid.

International Diplomatic Initiatives

French officials and Saudi Arabia are currently advocating for a mention to a Palestinian state to be added in the resolution. The Saudi crown prince, Mohammed bin Salman, is scheduled in the White House on 18 November, and Manal Radwan has said that a mention to a independent Palestine is a prerequisite.

The Palestinian Authority leader, Mahmoud Abbas, met the French president, Emmanuel Macron, in Paris on this week to discuss the authority's function.

Not the UN nor the 15-member UNSC are given a supervisory function over the stabilisation force, monitoring the implementation of the resolution, a aspect mostly overlooked by the proposed document. No details is outlined about the financing of this security operation, which, according to the US officials, should be largely borne by Gulf states, with Saudi Arabia assuming primary responsibility.

Israeli Demands and Local Developments

Israel is seeking formal assurances from the United States that it be permitted to follow the model of Lebanon and reserve the right to re-enter the territory if it believes disarmament is not taking place at a scale or speed it demands.

The Israeli proposal was put to the former US advisor, the ex-president's son-in-law, and the American diplomat, Steve Witkoff. The advisor was in the Israeli capital on this week to discuss developments on the ceasefire and Witkoff was due to arrive subsequently the same day.

Only the bodies of a small number of the original 251 captives remain unreturned.

Separately, Israeli officials has been proposing that the Gaza Strip could yet be divided in two parts with reconstruction work starting in the Israeli-controlled parts of the strip. International officials maintain that this is not part of the Trump plan.