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The UN-sanctioned Board of Peace announced by Donald Trump earlier this twelvemonth to norm Gaza is readying a sweeping assistance of ineligible immunity for itself, according to a draught of nan solution obtained by nan Guardian. The draught connection would besides fto nan statement get nationalist spot successful Gaza “free of charge”.
The four-page resolution, branded “sensitive but unclassified”, extends wide protections to each personnel of nan Board of Peace and its administrative affiliate, nan agency of nan precocious typical (OHR), arsenic good arsenic to nan Palestinian technocrats, world subject forces and nonresident contractors lined up to execute activity successful Gaza. It defines ineligible processes from which they would person immunity arsenic “any arrest, detention aliases ineligible proceedings successful nan courts aliases different entities successful Gaza”.
It is unclear if nan archive is attempting to relieve nan Board of Peace and its affiliates from prosecution successful world courts, successful summation to imaginable claims successful Gaza.
The Board of Peace’s chair, Donald Trump, would person nan correct to waive someone’s ineligible immunity, pending mostly support from his bid board, nan June 2026 draught solution states.
The seven-member “executive board” that leads nan Board of Peace includes Trump’s son-in-law Jared Kushner; typical envoy Steve Witkoff; nan president’s main of staff, Susie Wiles; and his nationalist information adviser, Marco Rubio. Though countries person pledged billions, astir person not yet transferred costs to support its activity successful Gaza and nary awesome contracts person been issued.
The White House referred questions to nan Board of Peace.
The Board of Peace did not reply circumstantial questions astir nan draught resolution, but an charismatic said successful a statement: “There is nary operative solution aliases immunity model of nan benignant described successful your questions … Any proposal that this process is designed to create lawlessness aliases impunity is wrong, misleading and gets nan rumor wholly backwards.”
The charismatic added that “the proposal that nan President will person a domiciled successful establishing aliases waiving immunity successful Gaza [is] categorically false”, and that “the Board will guarantee each personnel, contractors, and participating entities travel applicable rule and run nether clear rules, oversight, and accountability mechanisms”. The charismatic did not explicate what nan oversight and accountability would be.
Nickolay Mladenov, a Bulgarian diplomat serving arsenic nan Board of Peace’s precocious typical for Gaza, has been gathering successful Cairo this week pinch Palestinian administrators selected by nan Board of Peace to govern Gaza. The discussions person focused connected refining nan model for nan group’s activity successful nan territory, according to 1 personification acquainted pinch nan agenda. The prospective immunity solution titled “RESOLUTION NO 2026/3” has not been shared pinch nan Palestinian cohort, nan personification said.
‘No outer oversight’
Six lawyers specializing successful US contracting rule and world equipped conflict reviewed nan draught solution for nan Guardian.
If nan solution goes into force, they said, it is unclear really Board of Peace officials, soldiers, and contractors would beryllium held accountable if location are shootings aliases accidents that impact Gaza residents, aliases moreover really nan group mightiness resoluteness regular disputes complete business aliases onshore usage there.
US-led reconstruction efforts successful Iraq and Afghanistan were often plagued by controversies of corruption aliases cases of civilian deaths aliases maltreatment astatine nan hands of American contractors, including those moving for Blackwater and KBR, who person since faced litigation successful US courts. Any reconstruction effort successful Gaza could look akin challenges.
“It looks for illustration an effort to exempt nan board, and each of its personnel, from accountability for imaginable ineligible violations,” said Emily Schaeffer Omer-Man, an master successful litigating world humanitarian rule successful Israeli, American and overseas courts.
Several lawyers, including Omer-Man, pointed to nan circumstantial risks associated pinch conception 7 of nan draught resolution, entitled “Third Party Liability/Claims”, which lays retired a strategy for nan Board of Peace to see and adjudicate immoderate claims for “property nonaccomplishment aliases harm and for individual injury, unwellness aliases death” arising from its activity successful Gaza.
“They are fundamentally saying there’s nary outer oversight, including applicable world rule regarding occupation,” said Noura Erakat, an world rule professor astatine Rutgers University. “It’s creating a ineligible strategy unto itself.”
Contractors person besides pressed for clarity astir nan ineligible protections afforded for imaginable activity successful Gaza, wherever nan Trump-backed bid committee has solicited bids for rubble removal, information activity and a immense reconstruction effort envisaged there. Trump’s son-in-law Jared Kushner has described transforming nan coastal territory into a tract of luxury resorts, hi-tech cities and location business hubs.
Laws governing world contractors and subject forces are usually outlined successful “status of forces agreements” betwixt countries, but location is nary specified archive for Gaza. American contractors tin beryllium subject to US rule for definite crimes moreover if they run overseas.
“I would deliberation immoderate institution would want a very clear ineligible framework,” said Doug Brooks, president emeritus of nan International Stability Operations Association. “There are liability issues immoderate superior American institution would want to beryllium clear about.”
Israeli officials don’t want to discuss a position of forces statement successful Gaza because Israel doesn’t want to admit Gaza arsenic a state, 1 American information contractor said.
“It’s beautiful important for governmental and ineligible screen and insurance,” nan contractor said. “It gives nan group of Gaza clarity and comfortableness astir really they’ll beryllium treated and dealt pinch by contractors they whitethorn prosecute with.”
Free accommodation for nan Board of Peace
The last conception of nan Board of Peace’s draught resolution, entitled “Premises of nan Board of Peace, OHR, and ISF”, says that nan group “shall beryllium provided, free of charge, nationalist premises and accommodation needed for nan accomplishment of nan missions successful Gaza”.
Legal experts said that this singular building could unfastened nan doorway to forbidden confiscation of Palestinian property. It’s not clear which group – Israel, Hamas aliases nan Palestinian Authority – would beryllium responsible for “providing” nan Board of Peace pinch facilities, and nether what terms.
The Board of Peace plans to build a guidelines for an world subject force, arsenic good arsenic logistics hubs to powerfulness its operations there, according to contractors progressive successful nan process. The world unit is intended to assistance pinch disarming Hamas, which is simply a important measurement successful Trump’s bid plan. Israel has refused to proceed pinch steps outlined by a November 2025 ceasefire agreement if Hamas continues to carnivore arms.
“By unilaterally declaring nan powerfulness to prehend Palestinian land, spot and buildings for their ain usage without consent, compensation aliases readdress, nan Board of Peace is taking a page retired of Israel’s repressive playbook,” said Omar Shakir, executive head astatine Dawn, a non-profit dedicated to investigating nan impacts of US overseas argumentation successful nan Middle East. “Far from signaling an extremity to genocide, apartheid and occupation, this archive suggests entrenching immoderate of its ugliest signature characteristics. This risks not only complicity, but nonstop perpetration of sedate abuses.”
Several attorneys raised questions astir nan Board of Peace’s ineligible authority to presume power of nationalist accommodation and premises.
“If they don’t person a position of forces statement pinch Israel, past it’s not clear what nan board’s ineligible authority would be,” said Brad Parker, subordinate head of argumentation astatine nan Center for Constitutional Rights. CCR attorneys person represented victims successful US litigation against Blackwater and different American information contractors for alleged abuses successful Iraq.
The UN information assembly authorized nan Board of Peace to oversee nan management of Gaza until 31 December 2027. The UN charter affords its diplomats and organizations circumstantial ineligible protections for activity conducted connected behalf of UN missions abroad. Language successful nan Board of Peace’s draught solution appears to tie connected those existing frameworks, which see protections against nan apprehension aliases detention of UN diplomats during charismatic work, arsenic good arsenic nan seizure of UN property. It’s unclear if nan Board of Peace could tie connected nan UN immunities for its ain protection.
The Board of Peace did not respond to questions astir what further parties, if any, would motion its sweeping resolution.
“How valuable is this archive if they are nan only ones signing it?” Shakir said.
