Those of us who are needing to sit and take a breath while trying to chase the Trump administration, and it's runaway stagecoach of executive actions, definately hit the wall when we heard about the news that President Trump has taken it upon himself to rehabiltate one of the great under marketed parcels of real estate in the Arab world.
Fresh out of a hotboxing with the President of Israel, Trump said during an interview that he would truly like to drain the people out of Gaza and build a whole new city there. Part of which was due to the fact that "it must be so depressing to live in that .." (or something like that)
Citing more than once his sympathy for the children that have been doomed by their parents to live among the falling concrete, filth and unexploded bombs.
It appears Trump does understand the fact that the living conditions in Gaza are a top 1 or 2 motivator in Iran's ability to continue to staff and fight Hamas against the Israelis.
This revelation that Trump wishes to "take over" and "move along" the entire population of Hamas is , rightly, a statement of some concern to most people living in the Arab world.
"The Palestinian president has said he strongly rejects President Donald Trump's proposal for the US to take over Gaza and permanently resettle the 2.1 million Palestinians living there.
"We will not allow the rights of our people... to be infringed on," Mahmoud Abbas stressed, warning that Gaza was "an integral part of the State of Palestine" and forced displacement would be a serious violation of international law." Gritten, BBC
"Saudi Arabia said Palestinians would "not move" from their land and it would not normalise ties with Israel without the establishment of a Palestinian state." Gritten, BBC
This should already have been the known answer as it is well known that NO other Arab state wishes to have Palestinians live inside of their countries borders.
Couple that with the hooplah occuring in the US by most people who have heard the statement and looked into the financial and security ramifications of this massive undertaking (our magazine as well and especially finds it far out of the realm of reality)
Trump has almost united all of his US based enemies (in both parties) behind opposition to this but.... what is it that the President can do to add Gaza to his growing real estate portfolio?
Answer: Absolutely nothing.
Unlike what we dealt with in the Biden regime, the powers of the Executive branch are not all encompassing. There is no explicit provision in US law that allows the President to annex or take over foreign territory without congressional approval or adherence to international law.
At this time, he has none the check boxes..
1. Commander-in-Chief Authority (Article II of the U.S. Constitution)
The President has broad powers to direct military actions as the Commander-in-Chief of the armed forces. In the context of an armed conflict, the President might use military force to seize territory as a wartime action.
Limits:
Military occupation during conflict is temporary and must comply with international law (e.g., the Hague and Geneva Conventions). Permanent annexation would likely exceed the scope of the President's authority.
Any prolonged occupation or annexation would require congressional approval.
2. Treaty Power (Article II, Section 2)
The President may negotiate treaties with foreign nations, including agreements to cede or annex territory.
Example: The U.S. acquired territory through treaties in the past, such as the Louisiana Purchase (1803) and the Treaty of Guadalupe Hidalgo (1848).
Requirement: A treaty must be ratified by a two-thirds vote in the Senate.
3. War Powers Resolution (1973)
The President may use military force under the War Powers Resolution for 60 days without explicit congressional authorization in response to a national emergency or threat.
Limits:
The War Powers Resolution does not grant authority for territorial annexation.
Congressional approval is necessary for continued military action or occupation.
4. Insurrection Act (10 U.S.C. §§ 251–255)
This law allows the President to deploy the military to suppress insurrection, rebellion, or domestic violence within U.S. territories or protect U.S. citizens abroad.
Limits: It applies only to U.S. jurisdictions or specific situations involving the protection of U.S. citizens, not foreign annexation.
As to international law, he is also in the same boat.
Under international law, annexing territory by force is prohibited. The United Nations Charter (Article 2(4)) forbids the acquisition of territory through military conquest. Such an action would likely be considered illegal under international law and could result in severe diplomatic consequences and sanctions.
I would hate to think that, knowing the President is fully aware of the length and breadth of his executive powers, and would be wholly aware that this would be "a bridge too far" as far as "nation building" would go. (Nation Building was one of the things that he railed against in the past) as well as the promise to add "No new wars" which was a mantra of the election campaign and this project will, most definitely, draw some bullets from somewhere, one has to wonder at what level of political brinksmanship does President Trump think he can push the Arabs and still retain his local popular support.
It is quite a gamble to do this just to bring the majority of the Arab leaders to the table. Especially if there is no clear path to ending the Israel/palestine issue.
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