Peace Council.. Unprecedented Powers Raise Questions About the Future of Gaza's Administration

Dr. Dalal Erekat: The most dangerous aspect of these arrangements is that they allow the appropriation of Palestinian properties and rights and their disposal without oversight mechanisms or legal accountability.Akram Atallah: The most dangerous aspect of the draft is granting the council broad powers to dispose of public properties within the Strip, which revives the "Gaza Riviera" project proposed by Trump.Dr. Hussein Al-Deek: Imposing a new legal framework may lead to a reduction in litigation means and make accountability for officials and contractors for any violations more difficult.Mohammed Joudeh: Granting the council powers to use public facilities and properties may open the door to disputes related to property rights, compensation mechanisms, and the limits of the new administration's authority.Dr. Reham Odeh: The Peace Council members' pursuit of broad legal immunity indicates their concern about the legality of their work within the Gaza Strip.Talal Awkal: What is being proposed represents an attempt to confiscate the Gaza Strip, seize land and rights, and turn Palestinians into mere residents or visitors on their own land.Ramallah – Exclusive to "Al-Quds" – The leaked document concerning the so-called "Peace Council" for the administration of the Gaza Strip, and the increase in its powers and the immunity of its members and employees, is raising a wide wave of warnings, amidst fears that it will establish an exceptional governance formula that grants the council unprecedented legal, administrative, and security powers, including broad immunities for its staff, and the right to use public facilities and properties, which raises questions about the future of the Strip's administration and the limits of Palestinian sovereignty in the post-war phase.Writers, political analysts, specialists, and university professors, in separate conversations with "Al-Quds", believe that what was included in the draft published by "The Guardian" goes beyond the framework of reconstruction, to reflect a comprehensive political project that links the rebuilding of Gaza with the reshaping of its political, security, and legal reality, through the establishment of an interim administration with broad powers and independent operating mechanisms, which may limit oversight and accountability, and raise legal problems related to the legitimacy of this administration, property rights, compensation mechanisms, and the future of Palestinian institutions in the Strip.They warn that granting the council broad legal immunities and powers to dispose of public facilities and lands may open the door to violations of Palestinian rights, and lead to legal and political complications at local and international levels, as well as threaten reconstruction efforts if they are not based on a recognized legal framework that preserves Palestinian sovereignty and ensures the protection of individual and public rights, stressing that any future arrangements for the Strip should be based on international law, respect Palestinian rights, and be carried out with Palestinian national consensus.A Highly Dangerous ShiftDr. Dalal Erekat, a member of the Fatah Revolutionary Council and Professor of Diplomacy and Conflict Resolution at the Arab American University, confirms that what was stated in the leaked document regarding the Gaza Strip's governing council, if proven true, represents a highly dangerous shift in the nature of the proposed project for the Strip, as it goes beyond the idea of reconstruction and investment to establish an entity with exceptional powers and immunities outside the framework of national and international law.According to Erekat, this step reflects a transition from promoting Gaza as an investment project under the slogan of the "Middle East Riviera" to an attempt to establish a "free investment zone" with broad legal immunity, which places it outside the system of legal accountability.A Parallel Authority with Privileges Above the LawErekat clarifies that this establishes a parallel authority with privileges above the law, directly affecting Palestinian sovereignty, by creating an independent legal framework not subject to oversight or accountability.Appropriation of Palestinian Properties and RightsErekat points out that the most dangerous aspect of these arrangements is that they allow, under legal cover, the appropriation of Palestinian properties and rights, and open the way for the administration of lands and public facilities, the use of force, and the disposal of properties without oversight mechanisms or legal accountability, which practically means transforming the Gaza Strip into an exceptional area where legal guarantees and Palestinian rights are suspended, in clear violation of the principles of international humanitarian law and international human rights law.Erekat emphasizes that the reconstruction of the Gaza Strip cannot constitute a justification for establishing a special legal system or granting any entity the authority to seize public properties or administer the population outside the framework of Palestinian sovereignty and the provisions of international law. She stresses that any project proposed under the title of peace or reconstruction loses its legitimacy when it turns into a cover that grants broad immunities, establishes an administration without sovereignty or accountability, or allows the investment of resources and lands at the expense of Palestinian national rights, considering that respect for international law and Palestinian rights must be the basis of any future arrangements related to the administration and reconstruction of the Strip.The Importance of Fatah's and the Palestinian Authority's RoleErekat stresses the importance of Fatah and the Palestinian Authority playing a role in restoring leadership of the national project and intervening immediately on behalf of the Palestinian people.A Practical and Integrated Plan to Control the StripWriter and political analyst Akram Atallah believes that what was stated in the leaks regarding the draft of the Gaza Strip's governing council, if adopted, reflects a practical and integrated plan to control the Strip, emphasizing that the matter is no longer just concepts or political proposals, but has become a project that includes a clear system of laws, powers, and procedures for the post-war phase.Atallah clarifies that these facts negate the impressions that prevailed recently regarding a decline in interest in the council or its failure due to a lack of funding or a decline in US President Donald Trump's interest in it, pointing out that what the draft reveals indicates the existence of an integrated vision that knows its goals and implementation mechanisms, and works to prepare the necessary legal and administrative framework for its application.Broad Powers to Dispose of Public PropertiesAtallah stresses that the most dangerous aspect of the draft is granting the council broad powers to dispose of public properties within the Gaza Strip, including lands, public facilities, and the seashore, considering that this is linked to the project that Trump previously spoke about regarding the future of the Strip and what he then called the "Gaza Riviera," and may open the door to seizing or confiscating these properties, even without providing compensation.Atallah points out that the draft also grants broad immunity to the council's staff, employees, and those in charge of it, exempting them from prosecution or trial, which means giving them free rein to act within the Strip without being subject to accountability procedures or Palestinian legal oversight, which grants them broad freedom in managing the Strip and dealing with its resources and properties, whether these procedures relate to administrative decisions or other actions, in the absence of Palestinian legal mechanisms to review their actions or hold them accountable.Broad Immunity for Council StaffDr. Hussein Al-Deek, Professor of Political Science and specialist in American affairs and international relations, believes that what was stated in the leaked draft resolution regarding the Peace Council for Gaza's administration, if proven true, reflects an attempt to grant the council exceptional powers that go beyond the administrative framework, foremost among them broad legal immunity that allows its members, employees, international forces, and contractors working with it to carry out their duties without being subject to prosecution, arrest, or trial before local courts in the Gaza Strip.Al-Deek clarifies that this immunity may negatively affect the rights of Palestinian residents, as it will limit their ability to resort to justice in the event of harm or violations affecting their persons, properties, or interests, at a time when the council justifies these powers by stating that they aim to ensure freedom of movement and the accomplishment of tasks related to serving the residents of the Strip.Use of Buildings Without CompensationAl-Deek points out that the draft grants the council the right to use public buildings and facilities necessary for carrying out its work without compensation, including benefiting from government buildings, ports, crossings, and logistical facilities, in addition to allocating lands or establishments to set up headquarters for the forces and the transitional administration or to serve reconstruction projects.Al-Deek emphasizes that using some public facilities to facilitate services is different from employing them in a way that gives the council broad influence or leads to their misuse, noting that the legally authorized entity to dispose of these properties are the Palestinians themselves, which may raise disputes with citizens, Palestinian factions, and the Palestinian Authority.Broad Legal ImplicationsAl-Deek believes that this formula carries broad legal implications, because the legal system in force in the Gaza Strip is based on Palestinian laws, in addition to some historical laws and military orders, while international law regulates the conditions of occupied territories according to specific agreements, foremost among them the Geneva Convention.Al-Deek believes that imposing a new legal framework may lead to a reduction in litigation means, and make accountability for officials and contractors for any violations more difficult, in addition to raising disputes related to public ownership, the limits of facility use, and the authorized entity to dispose of them.Violation of International LawAl-Deek confirms that international law grants UN missions and international organizations limited functional immunities restricted by official agreements and clear accountability mechanisms, while the immunities contained in the draft, in addition to the powers to use public properties, exceed what is stipulated in international law and the UN Charter. Al-Deek believes that this formula may raise widespread debate about the future of the Gaza Strip's administration, and whether the intention is to establish a temporary transitional administration, a new governance model, or a permanent administration, which may negatively affect reconstruction efforts, and lead to legal, political, and administrative complications in the short, medium, and long term, in the absence of a clear vision for the legal framework governing the council's work.An Attempt to Establish an Exceptional Governance ModelWriter and political analyst Mohammed Joudeh considers that what was included in "The Guardian" report regarding a draft resolution granting the so-called "Peace Council" tasked with administering the Gaza Strip broad powers and immunities, if the information contained therein is correct, does not reflect mere administrative arrangements for the post-war phase, but rather indicates an attempt to establish an exceptional governance model within the Strip that enjoys political, security, and legal powers that go beyond the traditional frameworks of reconstruction missions or international forces.Joudeh clarifies that granting the council, its members, its forces, and its contractors comprehensive legal immunity reflects the project's proponents' awareness of the complex environment in which it will operate, and their endeavor to immunize themselves in advance from any legal accountability that may result from their decisions or field operations in the future.Joudeh emphasizes that this step suggests that the project goes beyond the administrative dimension and moves towards establishing a transitional authority with broad executive tools in administering the Strip.Joudeh points out that the council's demand to obtain public facilities and properties without compensation reveals a vision that grants it actual executive authority within Gaza, and not just an advisory or coordinating role, meaning that the management of security, administrative, and economic affairs may be transferred to a transitional body that oversees various files, linking the reconstruction process with the reshaping of the political and security environment in the Strip.A Vision for Re-engineering Reality in GazaJoudeh notes that the draft shows that reconstruction, according to this vision, is not an independent humanitarian project, but part of a broader political vision aimed at re-engineering reality in Gaza, so that security, disarmament, and the management of public institutions become interconnected components within one project, which explains the presence of prominent American political and security figures in the executive council, and not just specialists in development or relief.Establishing an Exceptional Legal SystemJoudeh believes that the most dangerous aspect of this step is the possibility of establishing an exceptional legal system that limits oversight and accountability mechanisms, and creates a gap between the administering entity and the entities capable of monitoring or holding it accountable.Joudeh clarifies that granting broad immunity without clear legal controls or independent oversight mechanisms may raise concerns about the difficulty of holding officials accountable for any violations or errors that may occur during security operations or reconstruction projects.Joudeh believes that establishing an administration with broad powers without Palestinian consensus or internationally recognized legal cover may raise problems related to the legitimacy of this administration, and increase the likelihood of its rejection by Palestinians and regionally, which may affect its ability to carry out its tasks even if financial and security support is available.Legal and Political Disputes Related to Property RightsJoudeh warns that granting the council powers to use public facilities and properties may open the door to legal and political disputes related to property rights, compensation mechanisms, and the limits of the new administration's authority, especially in light of the widespread destruction and the complexity of land issues in the Gaza Strip.Joudeh points out that the future of reconstruction has also become linked to the conflict over the entity that will administer the Strip and determine the form of authority and political and security decisions during the post-war phase.Sensitivity of the Legal EnvironmentPolitical writer and analyst Dr. Reham Odeh believes that what "The Guardian" newspaper revealed regarding a draft resolution granting the so-called "Peace Council" tasked with administering the Gaza Strip broad legal immunity and powers to use public facilities and properties, reflects the council's proponents' awareness of the sensitivity of the legal environment in which they will operate, in light of the ongoing Israeli violations in the Strip and the legal responsibilities that may result from them in the future.Odeh clarifies that the council members' pursuit of broad legal immunity indicates their concern about the legality of their work within the Gaza Strip, especially in light of ongoing Israeli military operations, the bombing of residential areas, and the control of what is known as the "Yellow Zone," which are practices considered a violation of international law. Odeh believes that the council members seek legal guarantees that prevent them from being held responsible in the future or implicated in files related to Israeli violations, which may expose them to international trials or penalties related to human rights violations, which prompts them to demand an international legal framework that provides them with protection while carrying out their duties.Non-Recognition of Existing AuthoritiesOdeh confirms that the council's demand to obtain headquarters and public facilities without compensation is also linked to legal problems related to land ownership within the Strip, as the council does not recognize the existing government authorities in Gaza, which would allow it to contract with them to rent official headquarters, while the occupation controls large areas of the Strip, most of which are private properties of citizens.According to Odeh, the council fears using these lands and then facing legal or financial claims later from their owners, so it seeks to exempt itself from any legal obligations or compensation that may arise from the use of these properties.Odeh also points out that the council seeks to provide immunity for local employees and members of the planned technocratic administration, fearing their arrest by the ruling authority in the Strip or future legal accountability by the Palestinian Authority, thereby ensuring their freedom to work within Gaza.Impact on Land and Property OwnersOdeh warns that the most dangerous repercussions of these arrangements will affect Palestinian citizens, especially owners of lands and properties located in areas controlled by the occupation, as they may be treated as public or common lands, allowing their use in reconstruction projects without the consent of their owners or compensation, which may lead to the confiscation of individual property rights under the pretext of reorganizing the urban environment in the Strip.Importance of Reaching Understandings with the Palestinian AuthorityOdeh stresses the need to reach clear understandings between the Palestinian Authority and the council to ensure that no land or property is disposed of without referring to the original owner, and to prevent any pressure that may be exerted on citizens to waive their properties. Odeh emphasizes the importance of any reconstruction plans being coordinated with the relevant Palestinian authorities, especially the Land Authority, the Ministry of Public Works, the Ministry of Local Government, and municipalities, and for the Palestinian technocratic committee to play an effective role in protecting property rights and defending national interests, in addition to launching diplomatic action with donor countries to ensure that no projects are funded that do not include legal and human rights guarantees that ensure the protection of the rights of the residents of the Gaza Strip.A Project Beyond the Concepts of Mandate or GuardianshipWriter and political analyst Talal Awkal warns of the danger of what was contained in the leaks regarding the draft of the so-called "Peace Council" for the administration of the Gaza Strip, considering that if proven true, it reveals a project whose danger exceeds the concepts of mandate or guardianship, and reflects a trend consistent with what US President Donald Trump previously announced regarding his desire to buy the Gaza Strip.According to Awkal, what is being proposed, according to these leaks, is not about the reconstruction or development of the Strip, but rather represents an attempt to confiscate Gaza and seize land and rights, and turn Palestinians into mere residents or visitors on their own land, after stripping them of property rights through procedures and documents based on illegal pretexts.Control of Natural ResourcesAwkal emphasizes that the true goal of the project is not reconstruction or turning Gaza into a tourist area, but rather controlling natural resources, foremost among them gas and oil fields off the coast of the Strip.Awkal believes that in the best-case scenario, this trend may lead to the displacement of large numbers of Palestinians, while those who remain become a workforce serving investors.Awkal confirms that the law being discussed goes beyond all international laws and norms, and establishes a special legal system that lacks oversight and transparency, and deprives those affected of any means of access to justice or reliance on international institutions.Awkal calls on the national committee tasked with managing the situation in the Gaza Strip to reject any engagement with such schemes and not to cover them up, stressing the need to unify the Palestinian position to confront and thwart them.