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Leaked draft reveals Trump's Gaza Board of Peace seeks total legal immunity, free property - report

From Jerusalem Post · () English

Summarized and contextualized by DistantNews.

At a glance

News Documents & data Context piece
  • A leaked draft resolution reveals that Donald Trump's Board of Peace (BoP) plans to grant its members total legal immunity for actions in the Gaza Strip.
  • The proposed immunity covers arrest, detention, and legal proceedings, and extends to various BoP personnel, including international forces and contractors.
  • Legal experts expressed concern that the draft resolution creates a "legal system unto itself" and could allow for the confiscation of Palestinian property without compensation.

A leaked draft resolution indicates that Donald Trump's Board of Peace (BoP) intends to grant its members sweeping legal immunity for any actions taken within the Gaza Strip. The document, published by The Guardian, outlines protections against arrest, detention, and legal proceedings for all BoP members, including those from the office of the High Representative, Palestinian technocrats, and international military forces and contractors.

any arrest, detention or legal proceedings in the courts or other entities in Gaza.

โ€” Leaked BoP resolution draftDescribes the scope of legal immunity proposed for Board of Peace members operating in Gaza.

According to the draft, these immunities would apply to "any arrest, detention or legal proceedings in the courts or other entities in Gaza." Trump, as board chair, would retain the authority to waive a member's immunity with majority support. The BoP is sanctioned by the United Nations as a transitional governance body for securing, disarming, and rebuilding Gaza.

creating a legal system unto itself

โ€” Noura ErakatRutgers University professor describing a section of the draft resolution concerning third-party liability and accountability.

International legal specialists who reviewed the draft raised significant concerns about accountability. Emily Schaeffer Omer-Man, an international humanitarian law expert, told The Guardian that the resolution appears to be an attempt to shield the board and its personnel from accountability for potential legal violations. Noura Erakat, a Rutgers University professor, described a section on third-party liability as creating "a legal system unto itself," suggesting a lack of external oversight and disregard for applicable international law.

They are basically saying thereโ€™s no external oversight, including applicable international law regarding occupation

โ€” Noura ErakatProfessor Erakat elaborates on the implications of the draft's proposed 'legal system unto itself'.

Further provisions in the draft would allow the BoP to occupy and use any Gaza public property deemed necessary for its missions, without providing compensation. Experts fear this could lead to the illegal confiscation of Palestinian property. The draft's unclear wording on the BoP's legal authority, coupled with the absence of a "status of forces agreement with Israel," adds to these concerns, according to Brad Parker of the Center for Constitutional Rights. A board official, however, denied the existence of an "immunity framework of the kind described."

looks like an attempt to exempt the board, and all of its personnel, from accountability for potential legal violations

โ€” Emily Schaeffer Omer-ManInternational humanitarian law expert commenting on the draft resolution's focus on immunity.
DistantNews Editorial

Originally published by Jerusalem Post. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.