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Proposals for an multinational stabilisation force authorized by the United Nations to disarm Hamas in Gaza are facing growing resistance after the United Arab Emirates stated it would not join due to the absence of a well-defined legal framework.

Growing International Concerns

Israel have previously excluded Turkey involvement, and Jordan's King Abdullah has stated that Jordanian troops will not participate. Azerbaijan, previously considered as a potential contributor, was absent from a preparatory session in Turkey and indicated it would not take part unless a complete ceasefire was in place.

The UAE lacks clarity on a defined framework for the stabilisation mission and in this situation will not participate, but backs all political efforts towards peace – and stay at the vanguard of humanitarian aid.

Regional Doubts and Legal Concerns

The Emirati decision, delivered by diplomatic representative Dr Anwar Gargash at a conference in the UAE capital, reflects regional reservations about the provisions of a US-drafted resolution already distributed to diplomats at the UN in NYC. The proposal places an onus on a American-led stabilisation force to be the primary means of imposing security in Gaza after Israel have withdrawn from the territory.

Regional governments would like greater responsibilities to be assigned to a separate local law enforcement agency. International law would also prohibit external forces from deploying into contested Palestine unless there was clear local approval; otherwise, the force could be seen as imposed under UN law, and arguably stabilising an unlawful Israeli occupation.

Palestinian Perspectives and Calls for Definition

A Palestinian American co-author of the ceasefire proposal said: “It is critical that the mission be deployed not to reinforce the illegal presence, but to enforce international law and terminate it. The force will succeed as long as it enters the whole disputed land, including the West Bank, at the invitation of the Palestinian authorities, and has a clear goal to end the occupation within the framework of a independent state of Palestine.”

The draft contains no reference to the occupied territories in the American proposal, or to a Palestinian state, or a two-state solution, a outcome that Israeli leadership opposes.

Ongoing Negotiations and Possible Risks

Detailed negotiations on the mission mandate, including its leadership structure, started formally on Thursday in New York, and look likely to be protracted – potentially creating the emergence of a vacuum in the strip that may strengthen Hamas.

The US is proposing that it command the force although it will not have many personnel deployed on the ground. It has already in effect taken control of the delivery of relief supplies into Gaza from a recently established civil military coordination centre based in the neighboring country.

Force Objectives and Governance Function

The draft American document outlines the purpose of the stabilisation force as “together with the recently prepared and screened law enforcement to assist in protecting border areas, secure the security environment in Gaza by ensuring the process of demilitarising the territory including the destruction and blocking of rebuilding the militant and offensive infrastructure as well as the permanent removal of arms from militant factions”.

The mission, reporting to a “peace council” chaired by the former US president, and not to the United Nations, would be required to use “any required actions” to achieve its objectives.

Regional powers including Qatari officials are also worried that this mandate is overly broad, and if the group is to lay down arms, the faction will solely do so to local counterparts, probably in the civilian police force, at a time that, from the Hamas viewpoint, marks the conclusion of occupation.

They also worry the draft mandate extends to giving the stabilisation force a governance role in the territory, a responsibility that was to be set aside for a local expert panel working in conjunction with a reformed Palestinian Authority.

Humanitarian Considerations and Funding Issues

This “interim authority” in Gaza would remain until “the local government has adequately finished its restructuring plan, the approval of which shall be approved to the board of peace”, the proposal says. It also “emphasizes the significance” of full humanitarian aid in Gaza, including through the United Nations, the International Committee of the Red Cross, and the Red Crescent.

Nonetheless, it opens the door the removal of “any group determined to have improperly used such assistance”. The phrase leaves open the council barring the UN relief agency, the body that the global judicial body has ruled is the legal distributor of aid.

International Political Initiatives

France and Saudi representatives are already advocating for a reference to a Palestinian state to be added in the document. The Saudi leader, Mohammed bin Salman, is scheduled in the US presidential residence on 18 November, and a Saudi foreign ministry official has said that a mention to a independent Palestine is a requirement.

The PA chair, Mahmoud Abbas, held talks with the French leader, Emmanuel Macron, in the French capital on this week to discuss the PA role.

Not the United Nations nor the 15-member UNSC are given a oversight function over the stabilisation force, monitoring the execution of the proposal, a aspect mostly ignored by the proposed document. No details is outlined about the funding of this security operation, which, according to the Americans, should be largely covered by Gulf states, with the Kingdom taking the lead.

Israeli Demands and Local Situations

Israeli authorities is requesting written guarantees from the United States that it be allowed to emulate the model of the Lebanese situation and retain the authority to re-enter Gaza if it believes demilitarization is not occurring at a level or speed it demands.

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 Jerusalem on Monday to review progress on the ceasefire and Witkoff was due to arrive subsequently the that day.

Only the remains of a small number of the initial 251 Israeli hostages are still unreturned.

Separately, Israeli officials has been proposing that the territory could still be divided in two with rebuilding efforts starting in the Israeli-controlled parts of the strip. International officials insist that this is no part of the former US administration's proposal.