FILE- The Board of Peace at the US Institute of Peace in Washington DC. AFP
The four-page draft, marked "Sensitive but Unclassified," would exempt members of the Peace Board, the Office of the High Representative, international forces, contractors, and staff involved in Gaza's reconstruction from legal proceedings, including arrest, detention, or prosecution before courts in Gaza, the Guardian reported.
Under the June 2026 draft resolution, the Board of Peace’s chair, Donald Trump, would have the authority to waive immunity for any individual, subject to approval by a majority of the board's seven-member executive committee.
The draft language would also let the organization obtain public property in Gaza “free of charge”.
The seven-member “executive board” that leads the Board of Peace includes Jared Kushner, Trump's son-in-law; Special Envoy Steve Witkoff; White House Chief of Staff Susie Wiles; and Secretary of State Marco Rubio.
Although several countries have pledged billions of dollars for Gaza’s reconstruction, much of the promised funding has yet to materialize, and the Board of Peace has not awarded any major reconstruction contracts.
The draft has raised concerns among international law experts, who warn that it could shield the Board of Peace and international forces from accountability in the event of shootings, civilian deaths, or other harm caused during reconstruction operations.
Emily Schaeffer Omer-Man, an expert in litigating international humanitarian law, told the Guardian that the document appeared to be a clear attempt to exempt the Board of Peace and everyone working under it from liability for potential legal violations.
Palestinian international law scholar Noura Erakat said the proposal would effectively establish "its own legal regime," operating outside external oversight and the framework of international law.
The draft also provides that the Board of Peace, its offices, and international force headquarters would be granted access to public buildings and facilities in Gaza for free.
Legal experts cautioned that the provision could enable the appropriation of Palestinian property without the consent of owners or compensation, particularly in the absence of any formal legal agreement defining the board's authority or the status of international forces operating in the enclave.
According to contractors involved in the project, the Board of Peace also plans to establish a base for international forces and logistics hubs to support reconstruction efforts. The force would additionally assist in the disarmament of Hamas, one of the components of the Trump administration's plan for postwar governance in Gaza.
Critics say the draft grants the Board of Peace broad powers without a clear legal mandate or independent oversight.
Questions also remain over the proposal's legal validity, as the resolution would take effect upon the signature of the board's High Representative, without clarifying whether any other authority would be required to approve or recognize it.
A Peace Board official denied that any legally binding framework granting such immunities currently exists, describing the reported draft as "incorrect and misleading."
The official said all personnel and contractors would remain subject to applicable laws and clearly defined oversight and accountability mechanisms, but did not elaborate on what those mechanisms would entail.
According to The Guardian, the board's High Representative, Bulgarian diplomat Nikolay Mladenov, is holding meetings in Cairo with Palestinian officials selected by the board to participate in Gaza's administration.
The discussions are aimed at finalizing the body's operational framework, although the draft immunity resolution has not yet been presented to the Palestinian participants.
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