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Proposals for an international security mission mandated by the United Nations to demilitarize Hamas in Gaza are encountering increasing resistance after the UAE announced it would not take part due to the lack of a clear legal framework.

Increasing International Reservations

Israel have previously excluded Turkey involvement, and the Jordanian King Abdullah has declared that his country's troops will not join. The Azerbaijani government, previously considered as a potential contributor, did not attend a preparatory meeting in Turkey and said it would not contribute unless a complete ceasefire was in place.

The UAE does not yet see a defined framework for the stabilisation force and in this situation will not participate, but backs all diplomatic initiatives towards resolution – and stay at the forefront of relief efforts.

Regional Skepticism and Juridical Issues

The Emirati decision, made by senior envoy Dr Anwar Gargash at a forum in the UAE capital, reflects regional reservations about the terms of a US-drafted document already circulated to diplomats at the UN in NYC. The draft assigns responsibility on a US-directed stabilisation force to be the primary means of ensuring security in the territory after Israel have withdrawn from the territory.

Regional governments would prefer expanded responsibilities to be assigned to a distinct Palestinian civilian police force. International law would also prohibit external forces from entering contested Palestine unless there was explicit local approval; otherwise, the mission could be viewed as imposed under international statutes, and arguably stabilising an unlawful Israeli occupation.

Palestinian Perspectives and Appeals for Definition

Jamal Nusseibeh of the ceasefire proposal said: “It is essential that the force be deployed not to reinforce the unlawful presence, but to enforce international law and terminate it. The mission will work as long as it operates in the whole occupied territory, including the West Bank, at the invitation of Palestine, and has a clear goal to end the presence within the framework of a sovereign Palestinian state.”

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

Continuing Negotiations and Potential Dangers

In-depth negotiations on the mission mandate, including its leadership structure, started officially on Thursday in New York, and appear to be lengthy – risking the development of a vacuum in the strip that may strengthen militant factions.

The US is proposing that it lead the force although it will not have a large number of personnel deployed on the terrain. It has already effectively taken control of the delivery of humanitarian aid into Gaza from a recently established civil military coordination centre based in Israel.

Force Mandate and Administrative Role

The draft American document defines the aim of the security mission as “along with the recently prepared and screened law enforcement to assist in protecting frontier zones, stabilise the security environment in the region by guaranteeing the process of disarming the Gaza Strip including the destruction and prevention of reconstructing the militant and offensive infrastructure as well as the lasting decommissioning of arms from non-state armed groups”.

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

Regional powers including Qatari officials are also concerned that this authority is overly broad, and if Hamas is to disarm, the group will only do so to local counterparts, probably in the local law enforcement, at a time that, from the Hamas viewpoint, marks the end of occupation.

They also fear the proposed authority extends to granting the stabilisation force a governance function in the territory, a task that was to be set aside for a Palestinian expert panel working in cooperation with a restructured local government.

Aid Considerations and Funding Issues

This “transitional governance administration” in the strip would stay until “the local government has satisfactorily completed its reform program, the satisfaction of which shall be acceptable to the board of peace”, the proposal states. It also “emphasizes the significance” of full relief in Gaza, including through the UN, the International Committee of the Red Cross, and the humanitarian organizations.

Nonetheless, it opens the door the removal of “any organisation determined to have improperly used such aid”. The wording leaves open the council excluding Unrwa, the body that the international court of justice has said is the legal provider of assistance.

Global Political Initiatives

French officials and Saudi representatives are already advocating for a mention to a Palestinian state to be included in the resolution. The Saudi crown prince, Mohammed bin Salman, is due in the White House on 18 November, and a Saudi foreign ministry official has stated that a mention to a independent Palestine is a prerequisite.

The PA chair, Mahmoud Abbas, met the French president, Emmanuel Macron, in the French capital on Monday to review the PA role.

Neither the UN nor the 15 strong UNSC are given a oversight role over the mission, monitoring the implementation of the proposal, a aspect mostly ignored by the draft text. Nothing is specified about the financing of this stabilisation mission, which, as per the Americans, should be mostly covered by Gulf states, with Saudi Arabia taking the lead.

Israeli Requests and Local Developments

Israel is requesting written guarantees from the US that it be allowed to follow the pattern of Lebanon and reserve the right to re-enter the territory if it believes demilitarization is not occurring at a scale 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. The advisor was in the Israeli capital on Monday to discuss progress on the truce and Witkoff was scheduled to arrive subsequently the that day.

Just the remains of four of the initial hundreds of Israeli hostages remain not recovered.

Independently, Israeli officials has been proposing that the Gaza Strip could yet be divided in two parts with rebuilding efforts starting in the Israeli-controlled parts of the region. International officials insist that this is no part of the former US administration's proposal.