Plan for the Day After: Can You Say ‘Mandate’?

The first and continued responsibility of any government is the protection of its citizens. If it fails at this, it doesn’t deserve to govern.

Hamas has completely failed to protect its citizens after being elected to govern Gaza in 2007.

• Firing missiles into Israel results in approximately 15% of them falling back into Gaza itself, harming and killing their own people. This is a “crime against humanity” perpetrated by Hamas, against innocent Gazans.
• These missiles are stored and fired from schools, mosques, and hospitals. Each incident violates two international laws, one targeting (Israeli) civilians and not military targets, and the second, the use of human shields. Thus, putting Gazan citizens in harm’s way when Israel rightfully and defensively tries to eliminate these threats.
• Hamas also blocks and kills their own citizens to prevent them from going to safe areas when warned by Israel. (By sending warning messages to civilians, Israel goes far beyond the requirements of international law regarding civilian collateral damage; think Allied and USA bombings during WWII, Korean War, Vietnam War).
• Hamas’ brutal and barbaric attack on October 7, 2023 into Israel unquestionably violated Article Three of the Geneva Convention, which reads in part that these “acts are and shall remain prohibited at any time and in any place whatsoever” against “persons taking no active part in the hostilities”: “(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment, and torture; (b) Taking of hostages; (c) Outrages upon personal dignity, in particular humiliating and degrading treatment;” and the list goes on.
• Hamas continues to totally control the citizens of Gaza with a cruel, dictatorial rule. Hamas teaches children to kidnap and kill (a direct violation of UN Resolution 1612 Child Abuse). Hamas practices a form of Islam that considers every religion (Jew or Christian) to be beneath theirs (Quran, 9:5).
• Hamas is designated as a terrorist organization by The United States, Canada, United Kingdom, The European Union (comprising 27 countries), Japan, Paraguay, New Zealand, and the Organization of American States (comprising 35 countries). Hamas is even banned in Jordan.
• Hamas is also officially designated as an international criminal organization. Hamas, Hezbollah, and their affiliates are proxies of Iran, which despite many sanctions against it, continues to export terror.

As this Hamas-Israel War rages, many in the geo-political world are talking about the day after. What should be in place to build Gaza into a peaceful productive member of the region rather than the international terrorist and criminal problem that now exists?

Who can be empowered and overseen by Israel to ensure peace after the war ends?

Some nations, including the United States, suggest turning Gaza over to the Palestinian Authority. However, there is little difference between Hamas and the PA. The PA has not held elections since Mahmud Abbas was elected in January 2005 for a four-year term, eighteen and a half years ago. A recent poll by the Arab World for Research and Development (AWRAD) of Palestinians residents living under the control of the PA found that 83.1% supported the Hamas atrocities of Oct 7!

So, if the world is trying to create a change for the betterment of the Gazan population, the PA is not an alternative.

Here’s a better solution: Mandate. The “mandate” system was established by Article 22 of the Covenant of the League of Nations, drafted by the victors of World War I. The article referred to territories that were no longer ruled by their previous sovereign, where the population was not considered “able to stand by themselves under the strenuous conditions of the modern world”. The Article called for such people to be “entrusted to advanced nations who by reason of their resources, their experience or their geographical position can best undertake this responsibility.”

In the UN context, a “mandate” refers to the decision that gives a body the authority to carry out its functions. One example is the establishment of a peacekeeping mission and with specific types of activities to be carried out by the mission.

The United Nations’ Charter (Article 93, paragraph 2) states that nonmembers (like Gaza) may become parties to the Statute of the Court determined by the General Assembly upon the recommendation of the Security Council. This implies that positive action in protecting the citizens of Gaza can be taken by the UN.

NATO (North Atlantic Treaty Organization) “not only helps to defend the territory of its members, but also engages where possible and when necessary to project its values further afield, prevent and manage crises, stabilize [sic] post-conflict situations and support reconstruction.”

The Arab League, founded in 1945, currently has 22 members. The League’s mission is to facilitate political, economic, cultural, scientific, military, and social programs designed to promote the interests of the Arab world. Shouldn’t the welfare of Arabs in Gaza, who are under the brutal rule of Hamas, be the Arab League’s concern, too?

Perhaps one or more of the above-mentioned organizations, all formed for the purpose of benevolence towards those suffering and in need, could come to the aid of the Gazan people. A “Mandate for Gaza,” creating a more humane governmental system seems to be the right answer.

The “Mandate for Gaza” would be established to create a government that doesn’t oppress its citizens or wish the destruction of its neighbors. “The Mandate for Gaza” would aim to build a country of prosperity with safety for its citizens.

Once proper educational and governmental foundations are in place to achieve these goals, the “Mandate for Gaza” would be dissolved, and a new government of Gaza could be welcomed into the international community.

If international organizations, and countries of the world, who say they are dedicated to world peace, take action, then perhaps other despots (Hezbollah, PA, Iran, etc.) might sit up and take notice.

The time to employ a comprehensive, proactive solution, such as a mandate, is the day after. But the right plan should be prepared now.