November 19, 2023

Professor Marshall Breger of Catholic Law recently entered the policy debate regarding the future of Gaza ‘the day after’. In a co-signed op-ed in the Hill, October 31, titled "Lessons for Israel and Palestine from Cambodia’s Transition to Democracy," Breger proposes looking to the model of the United Nations Transitional Authority in Cambodia. In 1992-93 the UN essentially took over Cambodia, a failed state, and became the governing authority. The “Transitional Authority” set up a civil administration, engaged in policing and peacekeeping functions and developed the stability necessary to hold free and fair elections. After which it handed over to the newly elected government.

Breger argues that an international canopy for the administration of Gaza is necessary to provide parties the space to participate in ways they would not be able to do on their own. And gives them the space to make the hard decisions that will be needed to provide a political not merely a military solution. Without a political solution, he argues, Gaza would be mired in ‘more of the same,’ and whatever Israel accomplishes today they will face a Hamas.two in five or ten years. A UN “transitional authority” with a political horizon for Palestinians faces real problems but it may be the best of the available ‘bad’ choices on offer for Gaza.

Breger teaches courses in Public Intellectual Law; Legal issues of the Middle East Peace Process, and a seminar on Legal Issues of Jerusalem, at the Catholic University Law School. His most recent book The Contest and Control of Jerusalem's Holy Sites was published this Fall By Cambridge University Press.

A link to the October 31 Hill article is available here.