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Plans for an international stabilisation force authorized by the UN to disarm Hamas in the Gaza Strip are facing increasing opposition after the United Arab Emirates stated it will not join due to the lack of a clear legal framework.

Growing International Reservations

Israel have already excluded Turkish participation, and the Jordanian King Abdullah has stated that his country's forces will not participate. Azerbaijan, previously considered as a potential participant, was absent from a preparatory session in Turkey and indicated it would not contribute unless a complete ceasefire was established.

Emirati officials lacks clarity on a defined structure for the stability force and in this situation will not participate, but backs all diplomatic initiatives towards resolution – and remain at the vanguard of humanitarian aid.

Arab Skepticism and Legal Issues

The Emirati announcement, made by diplomatic representative Dr Anwar Gargash at a conference in Abu Dhabi, reflects Arab reservations about the terms of a US-drafted document previously circulated to delegates 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an onus on a American-led security mission to be the principal means of ensuring security in Gaza after Israel have withdrawn from the region.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 greater responsibilities to be given to a distinct local law enforcement agency. International law would also forbid foreign troops from deploying into occupied Palestinian territories unless there was explicit Palestinian consent; otherwise, the mission could be seen as imposed under UN law, and potentially stabilising an unlawful Israeli occupation.

Palestinian Perspectives and Calls for Clarity

A Palestinian American co-author of the Palestinian armistice plan commented: “It is critical that the force be deployed not to reinforce the illegal Israeli occupation, but to enforce international law and terminate it. The mission will succeed as long as it operates in the whole occupied territory, including the occupied territories, at the request of Palestine, and has a defined goal to conclude the presence within the context of a independent Palestinian state.”

There is no mention to the occupied territories in the American proposal, or to a Palestinian state, or a two-state solution, a outcome that Israeli leadership opposes.

Continuing Negotiations and Potential Risks

In-depth negotiations on the mission mandate, including its leadership structure, started officially on last week in New York, and look likely to be lengthy – risking the development of a power gap in the strip that may empower militant factions.

The United States is suggesting that it command the force although it will not have many troops deployed on the terrain. It has previously effectively taken control of the distribution of humanitarian aid into the territory from a new civil military coordination centre based in the neighboring country.

Mission Mandate and Administrative Function

The proposed 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, secure the security environment in Gaza by guaranteeing the process of disarming the Gaza Strip including the elimination and prevention of rebuilding the military terror and hostile facilities as well as the permanent decommissioning of arms from non-state armed groups”.

The mission, answerable to a “peace council” led by the former US president, and not to the United Nations, would be mandated to use “all necessary measures” to achieve its objectives.

Regional powers including Qatar are also concerned that this authority is overly broad, and if the group is to disarm, the group will solely do so to fellow Palestinians, probably in the civilian police force, at a moment that, from the Hamas perspective, signifies the end of Israeli presence.

They also fear the draft mandate spills into granting the mission a administrative role in Gaza, a task that was to be set aside for a Palestinian expert panel working in conjunction with a restructured local government.

Humanitarian Aspects and Funding Questions

This “transitional governance administration” in Gaza would stay until “the Palestinian Authority has adequately completed its reform program, the satisfaction of which shall be acceptable to the BoP”, the draft says. It also “emphasizes the importance” of unhindered humanitarian aid in Gaza, including through the United Nations, the International Committee of the Red Cross, and the humanitarian organizations.

Nonetheless, it allows for the removal of “any group found to have misused such assistance”. The phrase leaves open the board of peace barring the UN relief agency, the organization that the global judicial body has ruled is the lawful provider of aid.

Global Political Efforts

France and Saudi representatives are currently pressing for a mention to a Palestinian state to be included in the resolution. The Saudi crown prince, Mohammed bin Salman, is scheduled in the US presidential residence on 18 November, and Manal Radwan has stated that a mention to a Palestinian state is a requirement.

The PA chair, Mahmoud Abbas, met the French leader, Emmanuel Macron, in the French capital on Monday to discuss the authority's function.

Neither the United Nations nor the 15 strong security council are assigned a oversight function over the stabilisation force, monitoring the execution of the proposal, a aspect mostly overlooked by the proposed document. Nothing is specified about the funding of this stabilisation mission, which, according to the Americans, should be largely borne by regional nations, with Saudi Arabia assuming primary responsibility.

Israeli Requests and Regional Situations

Israeli authorities is seeking formal assurances from the US that it be permitted to follow the model of the Lebanese situation and retain the authority to return to Gaza if it believes demilitarization is not taking place at a scale or pace it requires.

The Israeli proposal was presented to the former US advisor, the ex-president's relative, and the American diplomat, Steve Witkoff. The advisor was in the Israeli capital on this week to discuss progress on the ceasefire and Witkoff was due to arrive subsequently the that day.

Just the bodies of a small number of the initial hundreds of Israeli hostages remain unreturned.

Separately, Israeli officials has been suggesting that the Gaza Strip could still be split in two parts with rebuilding efforts starting in the Israel occupied areas of the strip. Western diplomats insist that this is not part of the former US administration's proposal.