Bryan Schwartz: An Arab Trusteeship Council for Gaza
A Proposal for an Arab Trusteeship Council to Govern Gaza
By Bryan Schwartz, posted here October 30, 2023
No peace is possible with Hamas. It is genocidally antisemitic. This position is foundational, not rhetorical or mutable. Waiting for the emergence of a “pragmatic” version of Hamas is suicidally naïve.
Peace and cooperation are possible with most of Israel’s non-Iranian neighbours. They are militarily threatened by Iran, not Israel. For many in those countries, Iran’s version of Islam might be more problematic from the religious perspective than Israel’s Jewishness.
Hamas’ attack was partly to prevent a Saudi deal and a long-term economic cooperation
Israel has no territorial claim to Gaza and no material, religious, or ideological interest in running it.
Israel has vital moral and material interests in the emergence of a peaceful, demilitarized, and prosperous Gaza. If that can occur in the medium term, a long-term reconciliation of the Palestinians with Israel is achievable.
As and when Hamas is evicted from power, Gaza will need some new form of government.
The Palestinian authority probably cannot be trusted to take over Gaza. It is corrupt and lacked- and probably still lacks- credibility with a majority of the population in Gaza.
There used to be a concept called trusteeship in international law, whereby foreign powers would govern a territory in its best interests until its final status is clarified at the wishes of its own people.
The United Nations cannot be trusted to administer Gaza – any more than it has shown to be trustworthy to maintain strategic security in Southern Lebanon or to operate UNWRA in a manner that is effective for Palestinians and not hostile to Israel.
Consider this alternative. After Hamas is evicted from power, there is an interim period- say five to seven to ten years -of governance over Gaza by an Arab trusteeship council. The Council members are appointed primarily by Arab states sympathetic to Israel and eager to see the people of Gaza thrive. This Council could include local Gaza representatives and a representative of the Palestinian Authority but the majority would be representative of states like Egypt, Morocco, Jordan, and Saudi Arabia.
The trusteeship agreement would be formal, agreed to by Israel, and unequivocally state its objectives, including:
-demilitarizing Gaza;
-defining the sole purposes for which outside reconstruction and development money can be spent and requiring strict accounting;
-ensuring that the education system in Gaza is not contaminated by antisemitic hatred;
-promoting sound administration of Gaza, including providing for transparent and non-corrupt government, with significant safeguards for human rights, and conformity to the rule of law;
-promoting the development of a real economy for Gaza, not one fuelled primarily by international subsidies.
No state could participate in the Council without having a peace agreement with Israel.
In fact, the creation of the Council and Saudi participation in it could be part of a peace deal with Saudi Arabia. The deal could involve a reconstruction package from the Saudis for Gaza, which would help secure the support of the people of Gaza for the Council arrangement as an interim measure.
Policing would be carried out by a force composed of Palestinians and members of the police forces of Trusteeship states, under the direction of the Council.
The net effect would be to remove Gaza from Iran’s influence and establish temporary control by a consortium of mostly Sunni states. The latter would be chosen from among those that are at least reasonably friendly to Israel and genuinely committed to good governance in Gaza.
The definitive solution to the Arab-Israeli conflict can only be achieved in a series of steps. Compromises are even more painful if they are framed as permanent. But if practical peace, stability, and some prosperity can be achieved in the medium term in Gaza and the West Bank, an amicable and enduring resolution should be achievable with the Palestinians.
While Israel is under severe military menace right now, it is not too early to think about how a positive political outcome can be achieved after the necessary and painful battle is concluded.
The current catastrophe is a so-far successful attempt by the regime in Teheran to disrupt peace negotiations involving Israel, the United States, and Saudi Arabia. Political vision along with military force might enable Israel to turn around the situation and complete and consolidate a lasting peace with almost all of its Arab neighbours and to set the stage for a formal and enduring peace with the Palestinians. The Teheran regime would be isolated, diminished in prestige, and more likely to be replaced from within.
This piece was first published in the Times of Israel and is being reprinted with permission of the author.
About the Author
Bryan Schwartz is a playwright, poet, songwriter and author drawing on Jewish themes, liturgy and more. In addition to recently publishing the 2nd edition of Holocaust survivor Philip Weiss' memoirs and writings titled "Reflections and Essays," Bryan's personal works include two Jewish musicals "Consolation: A Musical Meditation" (2018) and newly debuted "Sacred Goof" (2023). Bryan also created and helps deliver an annual summer program at Hebrew University in Israeli Law and Society and has served as a visiting Professor at both Hebrew University and Reichman University. Bryan P Schwartz holds a bachelor’s degree in law from Queen’s University, Ontario, and Master’s and Doctorate Degree in Law from Yale Law School. As an academic, he has over forty years of experience, including being the inaugural holder of an endowed chair in international business and trade law, and has won awards for teaching, research and scholarship. He has been a member of the Faculty of Law at the University of Manitoba since 1981. Bryan serves as counsel for the Pitblado Law firm since 1994. Bryan is an author/contributor of 34 books and has over 300 publications in all. He is the founding and general editor of both the Asper Review of International Business and Trade Law and the Underneath the Golden Boy series, an annual review of legislative developments in Manitoba. Bryan also has extensive practical experience in advising governments- – federal, provincial, territorial and Indigenous –and private clients in policy development and legislative reform and drafting. Areas in which Bryan has taught, practiced or written extensively, include: constitutional law, international, commercial, labour, trade, internet and e-commerce law and alternate dispute resolution and governance. For more information about Bryan’s legal and academic work, please visit: https://bryan-schwartz.com/.
Email
Share
RSS
