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Proposals for an international stabilisation force authorized by the United Nations to disarm Hamas in the Gaza Strip are encountering growing opposition after the United Arab Emirates stated it will not join due to the absence of a well-defined legal framework.

Increasing International Reservations

Israeli authorities have previously ruled out Turkey participation, and Jordan's King Abdullah has stated that Jordanian troops will not join. Azerbaijan, once considered as a possible participant, did not attend a preparatory session in Turkey and said it would not take part unless a full truce was established.

Emirati officials does not yet see a clear structure for the stabilisation force and in this situation declines involvement, but backs all diplomatic initiatives towards peace – and stay at the forefront of relief efforts.

Arab Doubts and Juridical Issues

The UAE's decision, made by diplomatic representative Dr Anwar Gargash at a conference in Abu Dhabi, reflects regional doubts about the provisions of a American-proposed document already circulated to diplomats at the UN in New York. The draft places an onus on a American-led stabilisation force to be the principal means of imposing order in the territory after Israel have left the region.

Regional governments would like greater responsibilities to be assigned to a separate Palestinian law enforcement agency. Global jurisprudence would also forbid foreign troops from deploying into occupied Palestinian territories unless there was explicit local approval; otherwise, the force could be viewed as imposed under UN law, and potentially stabilising an unlawful Israeli occupation.

Local Perspectives and Appeals for Definition

A Palestinian American co-author of the ceasefire proposal said: “It is essential that the mission be sent not to reinforce the unlawful Israeli occupation, but to enforce international law and end it. The mission will succeed as long as it operates in the entire disputed land, including the West Bank, at the request of the Palestinian authorities, and has a defined objective to end the presence within the framework of a sovereign Palestinian state.”

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

Ongoing Discussions and Potential Risks

Detailed talks on the stabilisation force mandate, including its command and control, started officially on last week in New York, and appear to be protracted – potentially creating the development of a vacuum in Gaza that may empower militant factions.

The United States is suggesting that it command the mission although it will not have many personnel involved on the ground. It has previously in effect taken control of the delivery of relief supplies into the territory from a recently established civil military coordination centre based in the neighboring country.

Force Objectives and Governance Role

The draft American document outlines the aim of the stabilisation force as “along with the recently prepared and vetted law enforcement to assist in protecting border areas, stabilise the safety situation in Gaza by guaranteeing the procedure of demilitarising the Gaza Strip including the destruction and prevention of rebuilding the military terror and hostile facilities as well as the permanent decommissioning of arms from militant factions”.

The mission, answerable to a “peace council” led by the former US president, and not to the United Nations, would be mandated to use “any required actions” to achieve its goals.

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

They also fear the proposed authority spills into giving the stabilisation force a administrative role in Gaza, a task that was to be set aside for a local expert panel working in cooperation with a reformed local government.

Humanitarian Considerations and Funding Issues

This “transitional governance administration” in Gaza would remain until “the Palestinian Authority has adequately finished its reform program, the satisfaction of which shall be approved to the board of peace”, the draft says. It also “emphasizes the importance” of unhindered humanitarian aid in the territory, including through the UN, the ICRC, and the Red Crescent.

Nonetheless, it opens the door the removal of “any group found to have improperly used such aid”. The phrase permits the council excluding the UN relief agency, the body that the international court of justice has ruled is the legal provider of assistance.

International Political Efforts

France and Saudi representatives are currently advocating for a mention to a Palestinian state to be added in the resolution. The Saudi leader, Mohammed bin Salman, is scheduled in the White House on 18 November, and a Saudi foreign ministry official has said that a reference to a Palestinian state is a requirement.

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

Neither the United Nations nor the 15 strong UNSC are assigned a supervisory function over the stabilisation force, supervising the execution of the proposal, a aspect mostly ignored by the proposed document. No details is outlined about the funding of this stabilisation mission, which, according to the US officials, should be largely covered by regional nations, with Saudi Arabia taking the lead.

Israel's Demands and Regional Developments

Israel is requesting formal assurances from the United States that it be permitted to follow the pattern of the Lebanese situation and retain the right to re-enter the territory if it believes demilitarization is not taking place at a scale or speed it demands.

The Israeli proposal was put 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 truce and the envoy was scheduled to arrive later the same day.

Just the bodies of a small number of the original 251 captives remain not recovered.

Separately, Israeli officials has been suggesting that the territory could still be split in two parts with reconstruction work beginning in the Israel occupied areas of the region. Western diplomats insist that this is not part of the former US administration's proposal.