UAE Declines to Participate in Gaza Security Force Without Clear Juridical Structure

Proposals for an multinational stabilisation force authorized by the UN to disarm the militant group in the Gaza Strip are facing increasing resistance after the UAE announced it would not join due to the lack of a clear legal framework.

Growing International Reservations

Israeli authorities have previously ruled out Turkey participation, and Jordan's King Abdullah has stated that Jordanian forces will not join. Azerbaijan, previously considered as a potential contributor, did not attend a planning session in Istanbul and indicated it would not contribute unless a full ceasefire was in place.

The UAE lacks clarity on a clear structure for the stability force and under such circumstances declines involvement, but backs all diplomatic efforts towards resolution – and stay at the vanguard of humanitarian aid.

Regional Skepticism and Juridical Issues

The Emirati announcement, made by diplomatic representative Dr Anwar Gargash at a conference in the UAE capital, reflects Arab reservations about the provisions of a US-drafted resolution already circulated to diplomats at the UN in NYC. The draft assigns responsibility on a American-led stabilisation force to be the principal means of ensuring security in the territory after Israeli forces have left the territory.

Arab states would like greater duties to be given to a separate local civilian police force. International law would also forbid foreign troops from deploying into contested Palestine unless there was explicit local approval; otherwise, the mission could be viewed as imposed under UN law, and arguably reinforcing an illegal Israeli occupation.

Local Perspectives and Calls for Definition

Jamal Nusseibeh of the ceasefire proposal commented: “It is essential that the force be deployed not to stabilise the illegal Israeli occupation, but to uphold global standards and end it. The force will succeed as long as it operates in the whole occupied territory, including the West Bank, at the request of Palestine, and has a defined objective to conclude the presence within the context of a independent 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 Israeli leadership rejects.

Ongoing Negotiations and Possible Dangers

In-depth talks on the mission mandate, including its leadership structure, began formally on Thursday in New York, and look likely to be protracted – risking the development of a vacuum in the strip that may empower militant factions.

The United States is suggesting that it lead the mission although it will not have a large number of troops deployed on the ground. It has already effectively taken control of the delivery of humanitarian aid into the territory from a recently established logistical hub based in Israel.

Mission Objectives and Governance Role

The proposed US resolution defines the purpose of the stabilisation force as “together with the newly trained and vetted law enforcement to assist in protecting border areas, secure the security environment in the region by guaranteeing the process of disarming the territory including the elimination and prevention of rebuilding the military terror and hostile facilities as well as the permanent removal of arms from non-state armed groups”.

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

Regional powers including Qatar are also concerned that this mandate is overly broad, and if Hamas is to lay down arms, the faction will solely do so to fellow Palestinians, probably in the civilian police force, at a moment 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 role in Gaza, a task that was to be reserved for a local expert panel working in conjunction with a restructured Palestinian Authority.

Aid Aspects and Funding Questions

This “interim authority” in the strip would remain until “the local government has satisfactorily finished its restructuring plan, the approval of which shall be acceptable to the BoP”, the draft 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 found to have improperly used such assistance”. The wording leaves open the council excluding the UN relief agency, the organization that the international court of justice has ruled is the legal distributor of assistance.

Global Political Efforts

France and Saudi representatives are currently advocating for a reference to a sovereign Palestine to be included in the resolution. The Saudi leader, Mohammed bin Salman, is due in the US presidential residence on 18 November, and a Saudi foreign ministry official has said that a reference to a independent Palestine is a requirement.

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

Not the UN nor the 15 strong security council are assigned a supervisory function over the stabilisation force, monitoring the execution of the proposal, a aspect largely overlooked by the draft text. Nothing is outlined about the financing of this security operation, which, according to the Americans, should be largely borne by regional nations, with Saudi Arabia assuming primary responsibility.

Israel's Demands and Local Situations

Israel is requesting written guarantees from the United States that it be permitted to follow the pattern of Lebanon and reserve the authority to return to the territory if it believes disarmament is not occurring at a scale or speed it demands.

The Israeli proposal was presented to Jared Kushner, the ex-president's relative, and the US special envoy, Steve Witkoff. The advisor was in the Israeli capital on Monday to discuss progress on the ceasefire and Witkoff was scheduled to arrive later the same day.

Just the bodies of a small number of the initial 251 Israeli hostages remain not recovered.

Separately, Israel has been suggesting that the Gaza Strip could yet be split in two with reconstruction work beginning in the Israeli-controlled areas of the region. International officials maintain that this is no part of the former US administration's proposal.