United Arab Emirates Refuses to Participate in Gaza Stabilisation Force Without Defined Juridical Structure

Plans for an international security mission mandated by the United Nations to disarm Hamas in the Gaza Strip are facing increasing resistance after the United Arab Emirates announced it would not join due to the absence of a clear legal framework.

Increasing Global Concerns

Israel have previously ruled out Turkish participation, and Jordan's King Abdullah has declared that his country's troops will not join. Azerbaijan, previously considered as a potential participant, did not attend a planning session in Turkey and said it would not contribute unless a complete truce was established.

The UAE lacks clarity on a clear structure for the stabilisation force and under such circumstances declines involvement, but will support all diplomatic efforts towards resolution – and stay at the forefront of relief efforts.

Regional Doubts and Legal Concerns

The Emirati announcement, delivered by diplomatic representative Dr Anwar Gargash at a forum in Abu Dhabi, reflects regional doubts about the provisions of a American-proposed resolution previously distributed to diplomats at the UN in NYC. The proposal places an onus on a American-led security mission to be the principal means of ensuring security in Gaza after Israel have withdrawn from the region.

Arab states would like expanded responsibilities to be given to a distinct Palestinian civilian police force. Global jurisprudence would also forbid foreign troops from deploying into contested Palestinian territories unless there was explicit Palestinian consent; otherwise, the force could be seen as coercive under UN law, and potentially reinforcing an unlawful Israeli occupation.

Local Viewpoints and Appeals for Clarity

Jamal Nusseibeh of the ceasefire proposal commented: “It is critical that the force be deployed not to stabilise the illegal presence, but to enforce global standards and end it. The force will work as long as it enters the entire occupied territory, including the occupied territories, at the invitation of Palestine, and has a defined goal to end the occupation within the framework of a sovereign state of Palestine.”

There is no mention to the West Bank in the US draft resolution, or to a Palestinian state, or a two-state solution, a outcome that Israeli leadership opposes.

Continuing Negotiations and Potential Dangers

Detailed talks on the stabilisation force mandate, including its leadership structure, started officially on Thursday in the UN headquarters, and appear to be lengthy – potentially creating the development of a vacuum in Gaza that may strengthen Hamas.

The United States is suggesting that it lead the force although it will not have a large number of personnel involved on the terrain. It has previously in effect assumed command of the distribution of relief supplies into Gaza from a new logistical hub based in the neighboring country.

Mission Objectives and Governance Function

The proposed US resolution outlines the aim of the security mission as “along with the newly trained and vetted police force to help secure border areas, secure the safety situation in the region by guaranteeing the procedure of demilitarising the territory including the destruction and prevention of rebuilding the militant and offensive infrastructure as well as the lasting removal of weapons from militant factions”.

The mission, answerable to a “board of peace” chaired by Donald Trump, and not to the United Nations, would be mandated to use “any required actions” to achieve its goals.

Arab states including Qatar are also worried that this mandate is overly broad, and if Hamas is to lay down arms, the group will only do so to local counterparts, likely in the local law enforcement, at a time that, from the Hamas perspective, marks the conclusion of Israeli presence.

They also fear the proposed authority extends to granting the stabilisation force a administrative role in Gaza, a responsibility that was to be reserved for a Palestinian technocratic committee working in cooperation with a restructured local government.

Aid Aspects and Funding Questions

This “interim authority” in the strip would stay until “the Palestinian Authority has adequately completed its restructuring plan, the approval of which shall be approved to the board of peace”, the draft says. It also “emphasizes the significance” of unhindered relief in the territory, including through the UN, the ICRC, and the Red Crescent.

However, it opens the door the removal of “any group found 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 aid.

Global Diplomatic Efforts

France and Saudi representatives are currently advocating for a mention to a Palestinian state to be included in the document. The Saudi crown prince, Mohammed bin Salman, is due in the White House on 18 November, and Manal Radwan has said that a reference to a Palestinian state is a prerequisite.

The Palestinian Authority leader, Mahmoud Abbas, met the French leader, Emmanuel Macron, in the French capital on Monday to review the PA role.

Neither the United Nations nor the 15 strong UNSC are given a supervisory role over the stabilisation force, supervising the execution of the proposal, a point largely ignored by the proposed document. Nothing is outlined about the financing of this security operation, which, according to the Americans, should be largely borne by Gulf states, with Saudi Arabia taking the lead.

Israeli Demands and Local Developments

Israeli authorities is requesting written guarantees from the US that it be allowed to follow the model of Lebanon and retain the authority to re-enter the territory if it considers demilitarization is not occurring at a level or pace it requires.

The Israeli proposal was put to Jared Kushner, Donald Trump’s son-in-law, and the American diplomat, Steve Witkoff. Kushner was in Jerusalem on this week to discuss progress on the ceasefire and Witkoff was due to appear later the same day.

Just the remains of four of the original 251 captives are still not recovered.

Independently, Israel has been suggesting that the Gaza Strip could yet be split in two with rebuilding efforts starting in the Israeli-controlled parts of the region. International officials maintain that this is not part of the former US administration's proposal.