GENEVA: UN experts on Friday said they welcomed elements of the U.S.-backed Gaza peace plan, including a permanent ceasefire, humanitarian aid delivery, the release of detainees, and the non-annexation of Palestinian land. But they cautioned that any peace framework must fully safeguard the rights of Palestinians under international law.
“These are broadly requirements of international law that should not depend on a formal peace plan,” the experts said in a joint statement. They warned that parts of the plan run directly counter to fundamental principles, including the International Court of Justice’s 2024 opinion demanding Israel’s withdrawal from the Occupied Palestinian Territory.
“Imposing an immediate peace at any price, regardless of or brazenly against law and justice, is a recipe for further injustice, future violence and instability,” the experts warned.
Concerns Over Self-Determination
The experts stressed that the right of Palestinians to self-determination — including statehood — is not guaranteed in the plan and instead is made conditional on vague pre-conditions such as governance reforms, reconstruction benchmarks, and renewed talks with Israel.
They noted that Israeli Prime Minister Benjamin Netanyahu has already vowed to “forcibly resist” Palestinian statehood, rendering the negotiation path meaningless. “Fulfilling the right of self-determination cannot be made conditional upon negotiations,” the statement said, citing the ICJ.
The proposal for a “temporary transitional government,” which excludes even the Palestinian Authority, was described as illegitimate and non-representative of Palestinians. The experts said governance must belong solely to Palestinians, without foreign interference.
US Oversight, Colonial Echoes
Another major concern raised was the plan’s oversight mechanism, which places a proposed “Board of Peace” under the chairmanship of the U.S. president rather than the United Nations. The experts warned this reflects “colonial practices” and undermines the UN’s role as a neutral guarantor.
The introduction of an “International Stabilisation Force,” they said, risks replacing Israeli occupation with U.S.-led military control — violating the principle of Palestinian self-determination. Partial Israeli occupation could also persist through a “security perimeter” inside Gaza’s borders, something the experts called “absolutely unacceptable.”
Demilitarisation of Gaza without a clear end date was also flagged as problematic. The plan demands Gaza be stripped of arms indefinitely, while no similar demilitarisation applies to Israel despite its record of aggression and international crimes.
Accountability, Justice Ignored
The experts expressed alarm at the plan’s failure to address accountability for Israeli violations. They pointed to missing commitments on war crimes investigations, transitional justice, or reparations for the vast destruction in Gaza.
“The plan does not address accountability at all for Israeli international crimes and human rights violations against the Palestinian people,” they said. “Accountability and justice are integral to sustainable peace.”
They also noted the plan prioritises the release of Israeli hostages while offering only partial release of thousands of arbitrarily detained Palestinians. Journalists’ access and transitional justice measures, they added, were glaringly absent.
Gaza Treated in Isolation
The statement further criticised the plan for treating Gaza separately from the West Bank and East Jerusalem, undermining the principle of territorial unity. The proposed “economic development zone,” experts warned, could enable foreign exploitation of Palestinian resources without consent.
The plan’s silence on illegal Israeli settlements, borders, compensation, and the right of return for refugees also undermines prospects for a just solution. The sidelining of UNRWA — the UN agency providing aid and protection to Palestinians — was flagged as especially damaging.
“Any peace plan must respect the ground rules of international law,” the experts stressed. “The future of Palestine must be in the hands of the Palestinian people – not imposed by outsiders under extreme conditions of duress.”
ICJ Ruling Recalled
Concluding their statement, the UN experts recalled the 2024 ICJ advisory opinion, which declared Israel’s occupation unlawful and demanded its immediate, total, and unconditional end. They reiterated that reparations to Palestinians are an international legal obligation.
“The United Nations – not Israel or its closest ally – has been identified by the ICJ as the legitimate authority to oversee the end of the occupation and the transition towards a political solution in which their right of self-determination is fully realised,” the experts said.
The experts highlighted major concerns about the following aspects:
- The Palestinian right of self-determination, including through independent statehood, is not guaranteed as international law requires, and is subject to vague pre-conditions concerning Gaza’s redevelopment, Palestinian Authority reform, and a “dialogue” between Israel and Palestine. Palestine’s future would thus be at the mercy of decisions by outsiders, not in the hands of Palestinians as international law commands. The plan also preserves the failed status quo of requiring more negotiations with Israel, when the Israeli Prime Minister has already declared that Israel would “forcibly resist” statehood. This is blatantly against the International Court of Justice (ICJ) finding that fulfilling the right of self-determination cannot be made conditional upon negotiations.
- The “temporary transitional government” is not representative of Palestinians and even excludes the Palestinian Authority, further violating self-determination and lacking legitimacy. There are no concrete benchmarks or timeframes for a transition to representative governance, which belongs to the Palestinians only, without foreign interference.
- Oversight by a “Board of Peace” chaired by the US President is not under United Nations authority or transparent multilateral control, while the US is a deeply partisan supporter of Israel and not an “honest broker.” This proposal is regrettably reminiscent of colonial practices and must be rejected.
- An “International Stabilisation Force”, outside the control of the Palestinian people and the United Nations as a guarantor, would replace Israeli occupation with a US-led occupation, contrary to Palestinian self-determination.
- Partial Israeli occupation could continue indefinitely through a “security perimeter” inside Gaza’s borders, which, is absolutely unacceptable.
- The demilitarisation of Gaza has no end date and, if permanent, could leave it vulnerable to Israeli aggression. Nothing is said regarding the demilitarisation of Israel, which has committed international crimes against the Palestinians and threatened peace and security in the region through aggression against other countries.
- Deradicalisation is imposed on Gaza only, while anti-Palestinian and anti-Arab sentiments, radicalisation and public incitement to genocide have been hallmarks of dominant rhetoric in Israel over the past two years.
- The plan largely treats Gaza in isolation from the West Bank including East Jerusalem, when these areas must be regarded as a unified Palestinian territory and State.
- An “economic development plan” and “special economic zone” could result in illegal foreign exploitation of resources without Palestinian consent.
- There is no duty on Israel and those who have sustained its illegal attacks in Gaza to compensate Palestinians for illegal war damage.
- The plan provides for the release of all Israeli hostages but only some of the many arbitrarily detained Palestinians.
- Amnesties offered to Hamas seem to be unconditional, even if they committed international crimes, denying justice for victims of international crimes.
- The plan does not address accountability at all for Israeli international crimes and human rights violations against the Palestinian people. There is no commitment to transitional justice, historical truth-telling or genuine reconciliation. There is also no guaranteed access for independent journalists. Accountability and justice are integral to sustainable peace.
- The plan does not address other fundamental issues such as ending illegal Israeli settlements in the West Bank including East Jerusalem, borders, compensation, and refugees.
- The plan does not provide a leading role for the United Nations, General Assembly or Security Council, or specifically for the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), which is vital to assisting and protecting Palestinians.
