The UN-sanctioned Board of Peace, announced by former President Donald Trump earlier this year to govern Gaza, is planning to grant itself sweeping legal immunity, according to a confidential draft resolution obtained by the Guardian. The four-page document, labeled “sensitive but unclassified,” would protect every member of the Board of Peace, its administrative affiliate the Office of the High Representative (OHR), Palestinian technocrats, international military forces, and nonresident contractors from any arrest, detention, or legal proceedings in Gaza. This unprecedented move raises serious questions about accountability and the rule of law in a region already devastated by conflict.
What the Draft Resolution Proposes
The draft resolution, titled “RESOLUTION NO 2026/3,” defines immunity as protection from “any arrest, detention or legal proceedings in the courts or other entities in Gaza.” It would also allow the organization to obtain public property in Gaza “free of charge.” The document extends these broad protections to all personnel working under the Board of Peace, effectively placing them above local legal systems.
The seven-member executive board leading the Board of Peace includes Trump’s son-in-law Jared Kushner, special envoy Steve Witkoff, chief of staff Susie Wiles, and national security adviser Marco Rubio. Notably, the draft states that Trump, as chair, would have the right to waive someone’s legal immunity, pending majority support from the peace board. This concentration of power has alarmed legal experts and human rights advocates.
Legal and Ethical Concerns
Six lawyers specializing in US contracting law and international armed conflict reviewed the draft resolution for the Guardian. They highlighted the absence of “external oversight” mechanisms, which could create a vacuum of accountability. The resolution does not clarify whether immunity extends to international courts, leaving open the possibility that personnel could evade prosecution for war crimes or human rights abuses.
Nickolay Mladenov, a Bulgarian diplomat serving as the Board of Peace’s high representative for Gaza, has been meeting with Palestinian administrators in Cairo to refine the framework. However, the prospective immunity resolution has not been shared with the Palestinian cohort, raising transparency concerns. Despite pledges of billions in support from various countries, most funds have not been transferred, and no major contracts have been issued.
Official Responses and Denials
The White House referred questions to the Board of Peace, which denied the existence of an operative immunity framework. An official stated: “There is no operative resolution or immunity framework of the kind described in your questions… Any suggestion that this process is designed to create lawlessness or impunity is wrong, misleading and gets the issue entirely backwards.” The official also called claims about Trump’s role in waiving immunity “categorically false.”
However, the official did not explain what oversight and accountability mechanisms would be in place. The draft resolution itself, labeled “sensitive but unclassified,” suggests that internal discussions are underway, even if not yet finalized. This contradiction between public statements and internal documents fuels skepticism about the Board of Peace’s intentions.
Implications for Gaza and International Law
The Board of Peace’s immunity plan could set a dangerous precedent for international governance. If implemented, it would place the organization and its affiliates beyond the reach of local courts, potentially enabling impunity for misconduct. International law experts warn that such immunity must be balanced with robust accountability measures to prevent abuse.
According to the Guardian’s analysis, the draft resolution lacks provisions for independent investigations or judicial review. This could undermine the credibility of the Board of Peace’s mission in Gaza, which aims to stabilize the region after years of conflict. The lack of transparency also risks alienating the Palestinian population and international donors.
FAQ Section
What is the Board of Peace?
The Board of Peace is a UN-sanctioned body announced by Donald Trump to govern Gaza. It includes an executive board led by Trump, Jared Kushner, and other senior officials. Its mission is to oversee reconstruction and governance in the territory.
What legal immunity is being proposed?
The draft resolution would grant immunity from arrest, detention, and legal proceedings in Gaza to all Board of Peace personnel, contractors, and affiliates. It also allows the organization to acquire public property free of charge. The immunity may extend to international courts, though the document is unclear on this point.
Why is this controversial?
Legal experts argue that sweeping immunity without external oversight could lead to impunity for human rights abuses or corruption. The lack of transparency, including not sharing the resolution with Palestinian administrators, raises concerns about accountability. The plan also concentrates power in Trump’s hands, allowing him to waive immunity with board approval.
