The Guardian newspaper published a report prepared by Kate Brown and Aram Ruston, in which they said that the Gaza Peace Council , headed by Donald Trump, is planning to grant itself legal status and broad immunity, according to documents.
According to a draft resolution obtained by The Guardian, the Peace Council announced by Trump earlier this year to administer Gaza plans to grant itself broad legal immunity, and the draft resolution also allows the body to obtain public property in Gaza “free of charge.”
The four-page resolution, classified as “sensitive but not secret,” grants broad protection to all members of the Peace Corps, its administrative apparatus and the Office of the High Representative, as well as Palestinian technocrats, international stabilization forces and non-resident contractors who will be hired to work in Gaza.
According to the resolution, the legal procedures that will grant everyone immunity are presented as including “any arrest, detention, or legal proceedings in courts or other bodies in Gaza.”
But it is unclear whether the document seeks to exempt the Peace Commission and its affiliates from prosecution in international courts, in addition to potential lawsuits in Gaza.
The draft resolution issued in June 2026 states that the chairman of the Peace Commission, Donald Trump, will have the right to waive legal immunity for any person, provided that a majority of the Peace Commission members approve.
The seven-member “Executive Council” consists of Jared Kushner, Trump’s son-in-law, special envoy Steve Wittkopf, chief of staff Suzy Wilms, and national security advisor Marco Rubio.
Despite pledges of billions of dollars from various countries, most have yet to disburse funds to support the Council's work in Gaza, and no major contracts have been signed. The White House referred questions to the Peace Council. The Council did not respond to specific questions regarding the resolution, but an official stated: “There is no operational resolution or immunity in the manner described in your question, and any suggestion that these measures are designed to create chaos or impunity is false, misleading, and completely misleading.”
The official added that “the claim that the president will have a role in establishing or lifting immunity in Gaza is absolutely false,” and that “the council will ensure that all employees, contractors and participating entities comply with the applicable law, and that they work according to clear rules, oversight mechanisms and accountability.”
The official did not explain what this oversight and accountability entailed.
Nikolay Mladenov, the Bulgarian diplomat who serves as the High Representative for the Middle East Peace Process, is holding meetings in Cairo this week with Palestinian officials selected by the Council to administer Gaza. According to a source familiar with the agenda, the discussions have focused on improving the Council's operational framework in the Strip.
The source said that the potential immunity decision, entitled “Resolution No. 2026/3”, was not shared with the Palestinian group.
The newspaper enlisted six lawyers specializing in US contract law and armed conflicts to read and interpret the decision.
They said that if the decision goes into effect, it is unclear how the Peace Council’s officials, soldiers and contractors will be held accountable in the event of shootings or other incidents affecting the residents of Gaza, or even how the council will be able to resolve routine disputes related to business or land use there.
The newspaper notes that US-led reconstruction efforts in Iraq and Afghanistan have been marred by controversy over corruption, civilian deaths, and abuses by American contractors, including those working for Blackwater and KBR, who have faced lawsuits in US courts. Any reconstruction efforts in Gaza could face similar challenges.
“It looks like an attempt to exempt the council and all its staff from accountability for potential legal violations,” said Emily Schaefer-Omer-Man, an expert in litigation in international humanitarian law cases before Israeli, American and foreign courts.
Several lawyers, including Omer-Man, pointed to specific risks associated with Section 7 of the draft resolution, entitled “Third Party Liability/Claims”, which sets out a system for the Peace Council to consider and adjudicate any claims relating to “loss or damage to property and personal injuries” resulting from the occupation or death.
“They are essentially saying that there is no external oversight, including applicable international law regarding the occupation,” said Noura Erakat, a professor of international law at Rutgers University. “It creates a self-contained legal system.”
Contractors also pressed for clarification of the legal protections afforded to potential work in Gaza, where the Trump-backed Peace Council has requested bids for rubble removal, security work, and large-scale reconstruction efforts planned for the area.
Jared Kushner described the plans to transform the coastal sector as aiming to turn it into luxury resorts, high-tech cities, and regional business hubs.
The newspaper notes that laws regulating the work of international contractors and military forces are usually found in “status of forces agreements” between countries, but no such agreement exists for Gaza. American contractors may be subject to US law for certain crimes even if they are working abroad.
Doug Brooks, president emeritus of the International Association of Stabilisation Operations, says: “I think any company would want a very clear legal framework. There are issues of legal responsibility that any serious U.S. company would want clarified.”
An American security contractor reported that Israeli officials are unwilling to negotiate a status of forces agreement in Gaza because Israel does not want to recognize Gaza as a state.
The contractor added: “It is very important from a political and legal standpoint, as it provides protection and security. It also gives the people of Gaza clarity and reassurance about how they will be treated and dealt with by the contractors.”
The final section of the draft Peace Council resolution, entitled “Headquarters of the Peace Council, the Office of the High Representative and the International Stabilization Force,” states that “the necessary headquarters and public facilities for carrying out the tasks in Gaza must be provided free of charge.”
Legal experts said that this phrase alone could open the door to the illegal confiscation of Palestinian property. It remains unclear which entity—Israel, Hamas, or the Palestinian Authority—will be responsible for “providing” facilities to the Peace Council, and under what conditions.
According to contractors involved in the process, the Peace Council plans to build a base for an international military force, along with logistical centers to support its operations there. This international force aims to help disarm Hamas, a crucial step in the Trump peace plan. Israel has refused to proceed with the steps outlined in the November 2015 ceasefire agreement unless Hamas relinquishes its weapons.
The newspaper quoted Omar Shakir, executive director of Dawn, a non-profit organization that studies the effects of genocide, apartheid and occupation, as saying that “the Peace Council, by unilaterally declaring the authority to seize Palestinian lands, properties and buildings for its own use without consent, compensation or review, is following Israeli methods of oppression.”
He added: “This document points to the entrenchment of some of Israel’s most abhorrent characteristics, including genocide, apartheid, and occupation. This not only portends complicity but also the direct commission of grave violations.”
A number of lawyers raised questions about the legal authority of the Peace Council to take over the management of public facilities and buildings.
Brad Parker, associate policy director at the Center for Constitutional Rights, said: “If they don’t have a status of forces agreement with Israel, it’s not clear what their legal authority is.”
The center’s lawyers have represented victims in U.S. lawsuits against Blackwater and other U.S. contracting security companies, on charges of alleged abuses in Iraq.
The United Nations Security Council had passed a resolution authorizing the Peace Council to oversee the administration of Gaza until December 31, 2027. The UN Charter grants its diplomats and organizations specific legal protection for work they perform on behalf of UN missions abroad.
The draft resolution of the Peace Council appears to be based on existing frameworks, including protection against the arrest or detention of UN diplomats while performing their official duties, as well as the confiscation of UN property. It is unclear whether the Peace Council can invoke UN immunities to protect itself.
The draft resolution states that it will enter into force immediately upon Mladenov's signature. The Peace Council did not respond to inquiries regarding which other parties, if any, would sign its comprehensive resolution.
Shaker asked: “What is the value of this document if they are the only ones who will sign it?”
