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Subscribe to the weekly Gamla News Newsletter! Enter your email address here: Email this article to a friend!The Israeli-Palestinian Interim AgreementWashington, D.C., September 28, 1995
The Government of the State of Israel and the Palestine
Liberation Organization (hereinafter "the PLO"), the representative
of the Palestinian people;
PREAMBLE
WITHIN the framework of the Middle East peace process
initiated at Madrid in October 1991;
REAFFIRMING their determination to put an end to decades
of confrontation and to live in peaceful coexistence, mutual dignity
and security, while recognizing their mutual legitimate and
political rights;
REAFFIRMING their desire to achieve a just, lasting and
comprehensive peace settlement and historic reconciliation through
the agreed political process;
RECOGNIZING that the peace process and the new era that it
has created, as well as the new relationship established between the
two Parties as described above, are irreversible, and the
determination of the two Parties to maintain, sustain and continue
the peace process;
RECOGNIZING that the aim of the Israeli-Palestinian
negotiations within the current Middle East peace process is, among
other things, to establish a Palestinian Interim Self-Government
Authority, i.e. the elected Council (hereinafter "the Council" or
"the Palestinian Council"), and the elected Ra'ees of the Executive
Authority, for the Palestinian people in the West Bank and the Gaza
Strip, for a transitional period not exceeding five years from the
date of signing the Agreement on the Gaza Strip and the Jericho Area
(hereinafter "the Gaza-Jericho Agreement") on May 4, 1994, leading
to a permanent settlement based on Security Council Resolutions 242
and 338;
REAFFIRMING their understanding that the interim
self-government arrangements contained in this Agreement are an
integral part of the whole peace process, that the negotiations on
the permanent status, that will start as soon as possible but not
later than May 4, 1996, will lead to the implementation of Security
Council Resolutions 242 and 338, and that the Interim Agreement
shall settle all the issues of the interim period and that no such
issues will be deferred to the agenda of the permanent status
negotiations;
REAFFIRMING their adherence to the mutual recognition and
commitments expressed in the letters dated September 9, 1993, signed
by and exchanged between the Prime Minister of Israel and the
Chairman of the PLO;
DESIROUS of putting into effect the Declaration
of Principles on Interim Self-Government Arrangements signed at
Washington, D.C. on September 13, 1993, and the Agreed Minutes
thereto (hereinafter "the DOP") and in particular Article III and
Annex I concerning the holding of direct, free and general political
elections for the Council and the Ra'ees of the Executive Authority
in order that the Palestinian people in the West Bank, Jerusalem and
the Gaza Strip may democratically elect accountable representatives;
RECOGNIZING that these elections will constitute a
significant interim preparatory step toward the realization of the
legitimate rights of the Palestinian people and their just
requirements and will provide a democratic basis for the
establishment of Palestinian institutions;
REAFFIRMING their mutual commitment to act, in accordance
with this Agreement, immediately, efficiently and effectively
against acts or threats of terrorism, violence or incitement,
whether committed by Palestinians or Israelis;
FOLLOWING the Gaza-Jericho
Agreement; the Agreement
on Preparatory Transfer of Powers and Responsibilities signed at
Erez on August 29, 1994 (hereinafter "the Preparatory Transfer
Agreement"); and the Protocol on Further Transfer of Powers and
Responsibilities signed at Cairo on August 27, 1995 (hereinafter
"the Further Transfer Protocol"); which three agreements will be
superseded by this Agreement;
HEREBY AGREE as follows:
ARTICLE I 1. Israel shall transfer powers and responsibilities as specified
in this Agreement from the Israeli military government and its Civil
Administration to the Council in accordance with this Agreement.
Israel shall continue to exercise powers and responsibilities not so
transferred.
2. Pending the inauguration of the Council, the powers and
responsibilities transferred to the Council shall be exercised by
the Palestinian Authority established in accordance with the
Gaza-Jericho Agreement, which shall also have all the rights,
liabilities and obligations to be assumed by the Council in this
regard. Accordingly, the term "Council" throughout this Agreement
shall, pending the inauguration of the Council, be construed as
meaning the Palestinian Authority.
3. The transfer of powers and responsibilities to the police
force established by the Palestinian Council in accordance with
Article XIV below (hereinafter "the Palestinian Police") shall be
accomplished in a phased manner, as detailed in this Agreement and
in the Protocol concerning Redeployment and Security Arrangements
attached as Annex I
to this Agreement (hereinafter "Annex I").
4. As regards the transfer and assumption of authority in civil
spheres, powers and responsibilities shall be transferred and
assumed as set out in the Protocol Concerning Civil Affairs attached
as Annex
III to this Agreement (hereinafter "Annex III").
5. After the inauguration of the Council, the Civil
Administration in the West Bank will be dissolved, and the Israeli
military government shall be withdrawn. The withdrawal of the
military government shall not prevent it from exercising the powers
and responsibilities not transferred to the Council.
6. A Joint Civil Affairs Coordination and Cooperation Committee
(hereinafter "the CAC"), Joint Regional Civil Affairs Subcommittees,
one for the Gaza Strip and the other for the West Bank, and District
Civil Liaison Offices in the West Bank shall be established in order
to provide for coordination and cooperation in civil affairs between
the Council and Israel, as detailed in Annex III.
7. The offices of the Council, and the offices of its Ra'ees and
its Executive Authority and other committees, shall be located in
areas under Palestinian territorial jurisdiction in the West Bank
and the Gaza Strip.
ARTICLE II 1. In order that the Palestinian people of the West Bank and the
Gaza Strip may govern themselves according to democratic principles,
direct, free and general political elections will be held for the
Council and the Ra'ees of the Executive Authority of the Council in
accordance with the provisions set out in the Protocol concerning
Elections attached as Annex
II to this Agreement (hereinafter "Annex II").
2. These elections will constitute a significant interim
preparatory step towards the realization of the legitimate rights of
the Palestinian people and their just requirements and will provide
a democratic basis for the establishment of Palestinian
institutions.
3. Palestinians of Jerusalem who live there may participate in
the election process in accordance with the provisions contained in
this Article and in Article
VI of Annex II (Election Arrangements concerning Jerusalem).
4. The elections shall be called by the Chairman of the
Palestinian Authority immediately following the signing of this
Agreement to take place at the earliest practicable date following
the redeployment of Israeli forces in accordance with Annex
I, and consistent with the requirements of the election
timetable as provided in Annex
II, the Election Law and the Election Regulations, as defined in
Article I of Annex II.
ARTICLE III 1. The Palestinian Council and the Ra'ees of the Executive
Authority of the Council constitute the Palestinian Interim
Self-Government Authority, which will be elected by the Palestinian
people of the West Bank, Jerusalem and the Gaza Strip for the
transitional period agreed in Article I of the DOP.
2. The Council shall possess both legislative power and executive
power, in accordance with Articles VII and IX of the DOP.
The Council shall carry out and be responsible for all the
legislative and executive powers and responsibilities transferred to
it under this Agreement. The exercise of legislative powers shall be
in accordance with Article
XVIII of this Agreement (Legislative Powers of the Council).
3. The Council and the Ra'ees of the Executive Authority of the
Council shall be directly and simultaneously elected by the
Palestinian people of the West Bank, Jerusalem and the Gaza Strip,
in accordance with the provisions of this Agreement and the Election
Law and Regulations, which shall not be contrary to the provisions
of this Agreement.
4. The Council and the Ra'ees of the Executive Authority of the
Council shall be elected for a transitional period not exceeding
five years from the signing of the Gaza-Jericho Agreement on May 4,
1994.
5. Immediately upon its inauguration, the Council will elect from
among its members a Speaker. The Speaker will preside over the
meetings of the Council, administer the Council and its committees,
decide on the agenda of each meeting, and lay before the Council
proposals for voting and declare their results.
6. The jurisdiction of the Council shall be as determined in Article
XVII of this Agreement (Jurisdiction).
7. The organization, structure and functioning of the Council
shall be in accordance with this Agreement and the Basic Law for the
Palestinian Interim Self-government Authority, which Law shall be
adopted by the Council. The Basic Law and any regulations made under
it shall not be contrary to the provisions of this Agreement.
8. The Council shall be responsible under its executive powers
for the offices, services and departments transferred to it and may
establish, within its jurisdiction, ministries and subordinate
bodies, as necessary for the fulfillment of its responsibilities.
9. The Speaker will present for the Council's approval proposed
internal procedures that will regulate, among other things, the
decision-making processes of the Council.
ARTICLE IV The Palestinian Council shall be composed of 82 representatives
and the Ra'ees of the Executive Authority, who will be directly and
simultaneously elected by the Palestinian people of the West Bank,
Jerusalem and the Gaza Strip.
ARTICLE V 1. The Council will have a committee that will exercise the
executive authority of the Council, formed in accordance with
paragraph 4 below (hereinafter "the Executive Authority").
2. The Executive Authority shall be bestowed with the executive
authority of the Council and will exercise it on behalf of the
Council. It shall determine its own internal procedures and decision
making processes.
3. The Council will publish the names of the members of the
Executive Authority immediately upon their initial appointment and
subsequent to any changes.
4. a. The Ra'ees of the Executive Authority shall be an ex
officio member of the Executive Authority.
b. All of the other members of the Executive Authority, except as
provided in subparagraph c. below, shall be members of the Council,
chosen and proposed to the Council by the Ra'ees of the Executive
Authority and approved by the Council.
c. The Ra'ees of the Executive Authority shall have the right to
appoint some persons, in number not exceeding twenty percent of the
total membership of the Executive Authority, who are not members of
the Council, to exercise executive authority and participate in
government tasks. Such appointed members may not vote in meetings of
the Council.
d. Non-elected members of the Executive Authority must have a
valid address in an area under the jurisdiction of the Council.
ARTICLE VI 1. The Council may form small committees to simplify the
proceedings of the Council and to assist in controlling the activity
of its Executive Authority.
2. Each committee shall establish its own decision-making
processes within the general framework of the organization and
structure of the Council.
ARTICLE VII 1. All meetings of the Council and of its committees, other than
the Executive Authority, shall be open to the public, except upon a
resolution of the Council or the relevant committee on the grounds
of security, or commercial or personal confidentiality.
2. Participation in the deliberations of the Council, its
committees and the Executive Authority shall be limited to their
respective members only. Experts may be invited to such meetings to
address specific issues on an ad hoc basis.
ARTICLE VIII Any person or organization affected by any act or decision of the
Ra'ees of the Executive Authority of the Council or of any member of
the Executive Authority, who believes that such act or decision
exceeds the authority of the Ra'ees or of such member, or is
otherwise incorrect in law or procedure, may apply to the relevant
Palestinian Court of Justice for a review of such activity or
decision.
1. Subject to the provisions of this Agreement, the Council will,
within its jurisdiction, have legislative powers as set out in
Article XVIII of this Agreement, as well as executive powers.
2. The executive power of the Palestinian Council shall extend to
all matters within its jurisdiction under this Agreement or any
future agreement that may be reached between the two Parties during
the interim period. It shall include the power to formulate and
conduct Palestinian policies and to supervise their implementation,
to issue any rule or regulation under powers given in approved
legislation and administrative decisions necessary for the
realization of Palestinian self-government, the power to employ
staff, sue and be sued and conclude contracts, and the power to keep
and administer registers and records of the population, and issue
certificates, licenses and documents.
3. The Palestinian Council's executive decisions and acts shall
be consistent with the provisions of this Agreement.
4. The Palestinian Council may adopt all necessary measures in
order to enforce the law and any of its decisions, and bring
proceedings before the Palestinian courts and tribunals.
5. a. In accordance with the DOP, the Council will not have
powers and responsibilities in the sphere of foreign relations,
which sphere includes the establishment abroad of embassies,
consulates or other types of foreign missions and posts or
permitting their establishment in the West Bank or the Gaza Strip,
the appointment of or admission of diplomatic and consular staff,
and the exercise of diplomatic functions.
b. Notwithstanding the provisions of this paragraph, the PLO may
conduct negotiations and sign agreements with states or
international organizations for the benefit of the Council in the
following cases only:
(l) economic agreements, as specifically provided in Annex V
of this Agreement:
(2) agreements with donor countries for the purpose of
implementing arrangements for the provision of assistance to the
Council,
(3) agreements for the purpose of implementing the regional
development plans detailed in Annex IV of the DOP or
in agreements entered into in the framework of the multilateral
negotiations, and
(4) cultural, scientific and educational agreements. Dealings
between the Council and representatives of foreign states and
international organizations, as well as the establishment in the
West Bank and the Gaza Strip of representative offices other than
those described in subparagraph 5.a above, for the purpose of
implementing the agreements referred to in subparagraph 5.b above,
shall not be considered foreign relations.
6. Subject to the provisions of this Agreement, the Council
shall, within its jurisdiction, have an independent judicial system
composed of independent Palestinian courts and tribunals.
ARTICLE X 1. The first phase of the Israeli military forces redeployment
will cover populated areas in the West Bank - cities, towns,
villages, refugee camps and hamlets - as set out in Annex
I, and will be completed prior to the eve of the Palestinian
elections, i. e., 22 days before the day of the elections.
2. Further redeployments of Israeli military forces to specified
military locations will commence after the inauguration of the
Council and will be gradually implemented commensurate with the
assumption of responsibility for public order and internal security
by the Palestinian Police, to be completed within 18 months from the
date of the inauguration of the Council as detailed in Articles
XI (Land) and XIII
(Security), below and in Annex
I.
3. The Palestinian Police shall be deployed and shall assume
responsibility for public order and internal security for
Palestinians in a phased manner in accordance with XIII
(Security) below and Annex
I.
4. Israel shall continue to carry the responsibility for external
security, as well as the responsibility for overall security of
Israelis for the purpose of safeguarding their internal security and
public order.
5. For the purpose of this Agreement, "Israeli military forces"
includes Israel Police and other Israeli security forces.
1. The two sides view the West Bank and the Gaza Strip as a
single territorial unit, the integrity and status of which will be
preserved during the interim period.
2. The two sides agree that West Bank and Gaza Strip territory,
except for issues that will be negotiated in the permanent status
negotiations, will come under the jurisdiction of the Palestinian
Council in a phased manner, to be completed within 18 months from
the date of the inauguration of the Council, as specified below:
a. Land in populated areas (Areas A and B), including government
and Al Waqf land, will come under the jurisdiction of the Council
during the first phase of redeployment.
b. All civil powers and responsibilities, including planning and
zoning, in Areas A and B, set out in Annex
III, will be transferred to and assumed by the Council during
the first phase of redeployment.
c. In Area C, during the first phase of redeployment Israel will
transfer to the Council civil powers and responsibilities not
relating to territory, as set out in Annex
III.
d. The further redeployments of Israeli military forces to
specified military locations will be gradually implemented in
accordance with the DOP in three phases, each to take place after an
interval of six months, after the inauguration of the Council, to be
completed within 18 months from the date of the inauguration of the
Council.
e. During the further redeployment phases to be completed within
18 months from the date of the inauguration of the Council, powers
and responsibilities relating to territory will be transferred
gradually to Palestinian jurisdiction that will cover West Bank and
Gaza Strip territory, except for the issues that will be negotiated
in the permanent status negotiations.
f. The specified military locations referred to in Article X,
paragraph 2 above will be determined in the further redeployment
phases, within the specified time-frame ending not later than 18
months from the date of the inauguration of the Council, and will be
negotiated in the permanent status negotiations.
3. For the purpose of this Agreement and until the completion of
the first phase of the further redeployments:
a. "Area A" means the populated areas delineated by a red line
and shaded in brown on attached map No.
1;
b. "Area B" means the populated areas delineated by a red line
and shaded in yellow on attached map No.
1, and the built-up area of the hamlets listed in Appendix
6 to Annex I, and
c. "Area C" means areas of the West Bank outside Areas A and B,
which, except for the issues that will be negotiated in the
permanent status negotiations, will be gradually transferred to
Palestinian jurisdiction in accordance with this Agreement.
ARTICLE XII 1. In order to guarantee public order and internal security for
the Palestinians of the West Bank and the Gaza Strip, the Council
shall establish a strong police force as set out in Article XIV
below. Israel shall continue to carry the responsibility for defense
against external threats, including the responsibility for
protecting the Egyptian and Jordanian borders, and for defense
against external threats from the sea and from the air, as well as
the responsibility for overall security of Israelis and Settlements,
for the purpose of safeguarding their internal security and public
order, and will have all the powers to take the steps necessary to
meet this responsibility.
2. Agreed security arrangements and coordination mechanisms are
specified in Annex
I.
3. A Joint Coordination and Cooperation Committee for Mutual
Security Purposes (hereinafter "the JSC"), as well as Joint Regional
Security Committees (hereinafter "RSCs") and Joint District
Coordination Offices (hereinafter "DCOs"), are hereby established as
provided for in Annex
I.
4. The security arrangements provided for in this Agreement and
in Annex I may be reviewed at the request of either Party and may be
amended by mutual agreement of the Parties. Specific review
arrangements are included in Annex I.
5. For the purpose of this Agreement, "the Settlements" means, in
the West Bank the settlements in Area C; and in the Gaza Strip - the
Gush Katif and Erez settlement areas, as well as the other
settlements in the Gaza Strip, as shown on attached map No.
2.
l. The Council will, upon completion of the redeployment of
Israeli military forces in each district, as set out in Appendix
1 to Annex I, assume the powers and responsibilities for
internal security and public order in Area A in that district.
2. a. There will be a complete redeployment of Israeli military
forces from Area B. Israel will transfer to the Council and the
Council will assume responsibility for public order for
Palestinians. Israel shall have the overriding responsibility for
security for the purpose of protecting Israelis and confronting the
threat of terrorism.
b. In Area B the Palestinian Police shall assume the
responsibility for public order for Palestinians and shall be
deployed in order to accommodate the Palestinian needs and
requirements in the following manner:
(l) The Palestinian Police shall establish 25 police stations and
posts in towns, villages, and other places listed in Appendix
2 to Annex I and as delineated on map No. 3. The West Bank RSC
may agree on the establishment of additional police stations and
posts, if required.
(2) The Palestinian Police shall be responsible for handling
public order incidents in which only Palestinians are involved.
(3) The Palestinian Police shall operate freely in populated
places where police stations and posts are located, as set out in
paragraph b(1) above.
(4) While the movement of uniformed Palestinian policemen in Area
B outside places where there is a Palestinian police station or post
will be carried out after coordination and confirmation through the
relevant DCO, three months after the completion of redeployment from
Area B, the DCOs may decide that movement of Palestinian policemen
from the police stations in Area B to Palestinian towns and villages
in Area B on roads that are used only by Palestinian traffic will
take place after notifying the DCO.
(5) The coordination of such planned movement prior to
confirmation through the relevant DCO shall include a scheduled
plan, including the number of policemen, as well as the type and
number of weapons and vehicles intended to take part. It shall also
include details of arrangements for ensuring continued coordination
through appropriate communication links, the exact schedule of
movement to the area of the planned operation, including the
destination and routes thereto, its proposed duration and the
schedule for returning to the police station or post.
The Israeli side of the DCO will provide the Palestinian side
with its response, following a request for movement of policemen in
accordance with this paragraph, in normal or routine cases within
one day and in emergency cases no later than 2 hours.
(6) The Palestinian Police and the Israeli military forces will
conduct joint security activities on the main roads as set out in Annex
I.
(7) The Palestinian Police will notify the West Bank RSC of the
names of the policemen, number plates of police vehicles and serial
numbers of weapons, with respect to each police station and post in
Area B.
(8) Further redeployments from Area C and transfer of internal
security responsibility to the Palestinian Police in Areas B and C
will be carried out in three phases, each to take place after an
interval of six months, to be completed 18 months after the
inauguration of the Council, except for the issues of permanent
status negotiations and of Israel's overall responsibility for
Israelis and borders.
(9) The procedures detailed in this paragraph will be reviewed
within six months of the completion of the first phase of
redeployment.
1. The Council shall establish a strong police force. The duties,
functions, structure, deployment and composition of the Palestinian
Police, together with provisions regarding its equipment and
operation, as well as rules of conduct, are set out in Annex
I.
2. The Palestinian police force established under the
Gaza-Jericho Agreement will be fully integrated into the Palestinian
Police and will be subject to the provisions of this Agreement.
3. Except for the Palestinian Police and the Israeli military
forces, no other armed forces shall be established or operate in the
West Bank and the Gaza Strip.
4. Except for the arms, ammunition and equipment of the
Palestinian Police described in Annex
I, and those of the Israeli military forces, no organization,
group or individual in the West Bank and the Gaza Strip shall
manufacture, sell, acquire, possess, import or otherwise introduce
into the West Bank or the Gaza Strip any firearms, ammunition,
weapons, explosives, gunpowder or any related equipment, unless
otherwise provided for in Annex I.
1. Both sides shall take all measures necessary in order to
prevent acts of terrorism, crime and hostilities directed against
each other, against individuals falling under the other's authority
and against their property and shall take legal measures against
offenders.
2. Specific provisions for the implementation of this Article are
set out in Annex
I.
With a view to fostering a positive and supportive public
atmosphere to accompany the implementation of this Agreement, to
establish a solid basis of mutual trust and good faith, and in order
to facilitate the anticipated cooperation and new relations between
the two peoples, both Parties agree to carry out confidence building
measures as detailed herewith:
1. Israel will release or turn over to the Palestinian side,
Palestinian detainees and prisoners, residents of the West Bank and
the Gaza Strip. The first stage of release of these prisoners and
detainees will take place on the signing of this Agreement and the
second stage will take place prior to the date of the elections.
There will be a third stage of release of detainees and prisoners.
Detainees and prisoners will be released from among categories
detailed in Annex
VII (Release of Palestinian Prisoners and Detainees). Those
released will be free to return to their homes in the West Bank and
the Gaza Strip.
2. Palestinians who have maintained contact with the Israeli
authorities will not be subjected to acts of harassment, violence,
retribution or prosecution. Appropriate ongoing measures will be
taken, in coordination with Israel, in order to ensure their
protection.
3. Palestinians from abroad whose entry into the West Bank and
the Gaza Strip is approved pursuant to this Agreement, and to whom
the provisions of this Article are applicable, will not be
prosecuted for offenses committed prior to September 13, 1993.
ARTICLE XVII 1. In accordance with the DOP, the jurisdiction of the Council
will cover West Bank and Gaza Strip territory as a single
territorial unit, except for:
a. issues that will be negotiated in the permanent status
negotiations: Jerusalem, settlements, specified military locations,
Palestinian refugees, borders, foreign relations and Israelis; and
b. powers and responsibilities not transferred to the Council.
2. Accordingly, the authority of the Council encompasses all
matters that fall within its territorial, functional and personal
jurisdiction, as follows:
a. The territorial jurisdiction of the Council shall encompass
Gaza Strip territory, except for the Settlements and the Military
Installation Area shown on map No.
2, and West Bank territory, except for Area C which, except for
the issues that will be negotiated in the permanent status
negotiations, will be gradually transferred to Palestinian
jurisdiction in three phases, each to take place after an interval
of six months, to be completed 18 months after the inauguration of
the Council. At this time, the jurisdiction of the Council will
cover West Bank and Gaza Strip territory, except for the issues that
will be negotiated in the permanent status negotiations.
Territorial jurisdiction includes land, subsoil and territorial
waters, in accordance with the provisions of this Agreement.
b. The functional jurisdiction of the Council extends to all
powers and responsibilities transferred to the Council, as specified
in this Agreement or in any future agreements that may be reached
between the Parties during the interim period.
c. The territorial and functional jurisdiction of the Council
will apply to all persons, except for Israelis, unless otherwise
provided in this Agreement.
d. Notwithstanding subparagraph a. above, the Council shall have
functional jurisdiction in Area C, as detailed in Article
IV of Annex III.
3. The Council has, within its authority, legislative, executive
and judicial powers and responsibilities, as provided for in this
Agreement.
4. a. Israel, through its military government, has the authority
over areas that are not under the territorial jurisdiction of the
Council, powers and responsibilities not transferred to the Council
and Israelis.
b. To this end, the Israeli military government shall retain the
necessary legislative, judicial and executive powers and
responsibilities, in accordance with international law. This
provision shall not derogate from Israel's applicable legislation
over Israelis in personam.
5. The exercise of authority with regard to the electromagnetic
sphere and air space shall be in accordance with the provisions of
this Agreement.
6. Without derogating from the provisions of this Article, legal
arrangements detailed in the Protocol Concerning Legal Matters
attached as Annex
IV to this Agreement (hereinafter "Annex IV") shall be observed.
Israel and the Council may negotiate further legal arrangements.
7. Israel and the Council shall cooperate on matters of legal
assistance in criminal and civil matters through a legal committee
(hereinafter "the Legal Committee"), hereby established.
8. The Council's jurisdiction will extend gradually to cover West
Bank and Gaza Strip territory, except for the issues to be
negotiated in the permanent status negotiations, through a series of
redeployments of the Israeli military forces. The first phase of the
redeployment of Israeli military forces will cover populated areas
in the West Bank - cities, towns, refugee camps and hamlets, as set
out in Annex I
- and will be completed prior to the eve of the Palestinian
elections, i.e. 22 days before the day of the elections. Further
redeployments of Israeli military forces to specified military
locations will commence immediately upon the inauguration of the
Council and will be effected in three phases, each to take place
after an interval of six months, to be concluded no later than
eighteen months from the date of the inauguration of the Council.
1. For the purposes of this Article, legislation shall mean any
primary and secondary legislation, including basic laws, laws,
regulations and other legislative acts.
2. The Council has the power, within its jurisdiction as defined
in Article XVII of this Agreement, to adopt legislation.
3. While the primary legislative power shall lie in the hands of
the Council as a whole, the Ra'ees of the Executive Authority of the
Council shall have the following legislative powers
a. the power to initiate legislation or to present proposed
legislation to the Council;
b. the power to promulgate legislation adopted by the Council;
and
c. the power to issue secondary legislation, including
regulations, relating to any matters specified and within the scope
laid down in any primary legislation adopted by the Council.
4. a. Legislation, including legislation which amends or
abrogates existing laws or military orders, which exceeds the
jurisdiction of the Council or which is otherwise inconsistent with
the provisions of the DOP, this Agreement, or of any other agreement
that may be reached between the two sides during the interim period,
shall have no effect and shall be void ab initio.
b. The Ra'ees of the Executive Authority of the Council shall not
promulgate legislation adopted by the Council if such legislation
falls under the provisions of this paragraph.
5. All legislation shall be communicated to the Israeli side of
the Legal Committee.
6. Without derogating from the provisions of paragraph 4 above,
the Israeli side of the Legal Committee may refer for the attention
of the Committee any legislation regarding which Israel considers
the provisions of paragraph 4 apply, in order to discuss issues
arising from such legislation. The Legal Committee will consider the
legislation referred to it at the earliest opportunity.
ARTICLE XIX Israel and the Council shall exercise their powers and
responsibilities pursuant to this Agreement with due regard to
internationally-accepted norms and principles of human rights and
the rule of law.
1. a. The transfer of powers and responsibilities from the
Israeli military government and its civil administration to the
Council, as detailed in Annex
III, includes all related rights, liabilities and obligations
arising with regard to acts or omissions which occurred prior to
such transfer. Israel will cease to bear any financial
responsibility regarding such acts or omissions and the Council will
bear all financial responsibility for these and for its own
functioning.
b. Any financial claim made in this regard against Israel will be
referred to the Council.
c. Israel shall provide the Council with the information it has
regarding pending and anticipated claims brought before any court or
tribunal against Israel in this regard.
d. Where legal proceedings are brought in respect of such a
claim, Israel will notify the Council and enable it to participate
in defending the claim and raise any arguments on its behalf.
e. In the event that an award is made against Israel by any court
or tribunal in respect of such a claim, the Council shall
immediately reimburse Israel the full amount of the award.
f. Without prejudice to the above, where a court or tribunal
hearing such a claim finds that liability rests solely with an
employee or agent who acted beyond the scope of the powers assigned
to him or her, unlawfully or with willful malfeasance, the Council
shall not bear financial responsibility.
2. a. Notwithstanding the provisions of paragraphs l.d through
l.f above, each side may take the necessary measures, including
promulgation of legislation, in order to ensure that such claims by
Palestinians including pending claims in which the hearing of
evidence has not yet begun, are brought only before Palestinian
courts or tribunals in the West Bank and the Gaza Strip, and are not
brought before or heard by Israeli courts or tribunals.
b. Where a new claim has been brought before a Palestinian court
or tribunal subsequent to the dismissal of the claim pursuant to
subparagraph a. above, the Council shall defend it and, in
accordance with subparagraph l.a above, in the event that an award
is made for the plaintiff, shall pay the amount of the award.
c. The Legal Committee shall agree on arrangements for the
transfer of all materials and information needed to enable the
Palestinian courts or tribunals to hear such claims as referred to
in subparagraph b. above, and, when necessary, for the provision of
legal assistance by Israel to the Council in defending such claims.
3. The transfer of authority in itself shall not affect rights,
liabilities and obligations of any person or legal entity, in
existence at the date of signing of this Agreement.
4. The Council, upon its inauguration, will assume all the
rights, liabilities and obligations of the Palestinian Authority.
5. For the purpose of this Agreement, "Israelis" also includes
Israeli statutory agencies and corporations registered in Israel.
Any difference relating to the application of this Agreement
shall be referred to the appropriate coordination and cooperation
mechanism established under this Agreement. The provisions of
Article XV of the DOP shall apply to any such difference which is
not settled through the appropriate coordination and cooperation
mechanism, namely:
1. Disputes arising out of the application or interpretation of
this Agreement or any related agreements pertaining to the interim
period shall be settled through the Liaison Committee.
2. Disputes which cannot be settled by negotiations may be
settled by a mechanism of conciliation to be agreed between the
Parties.
3. The Parties may agree to submit to arbitration disputes
relating to the interim period, which cannot be settled through
conciliation. To this end, upon the agreement of both Parties, the
Parties will establish an Arbitration Committee.
ARTICLE XXII 1. Israel and the Council shall seek to foster mutual
understanding and tolerance and shall accordingly abstain from
incitement, including hostile propaganda, against each other and,
without derogating from the principle of freedom of expression,
shall take legal measures to prevent such incitement by any
organizations, groups or individuals within their jurisdiction.
2. Israel and the Council will ensure that their respective
educational systems contribute to the peace between the Israeli and
Palestinian peoples and to peace in the entire region, and will
refrain from the introduction of any motifs that could adversely
affect the process of reconciliation.
3. Without derogating from the other provisions of this
Agreement, Israel and the Council shall cooperate in combating
criminal activity which may affect both sides, including offenses
related to trafficking in illegal drugs and psychotropic substances,
smuggling, and offenses against property, including offenses related
to vehicles.
ARTICLE XXIII In order to ensure a smooth, peaceful and orderly transfer of
powers and responsibilities, the two sides will cooperate with
regard to the transfer of security powers and responsibilities in
accordance with the provisions of Annex
I, and the transfer of civil powers and responsibilities in
accordance with the provisions of Annex
III.
ARTICLE XXIV The economic relations between the two sides are set out in the
Protocol on Economic Relations signed in Paris on April 29, 1994,
and the Appendices thereto, and the Supplement to the Protocol on
Economic Relations all attached as Annex
V, and will be governed by the relevant provisions of this
Agreement and its Annexes.
ARTICLE XXV 1. The Parties agree to establish a mechanism to develop programs
of cooperation between them. Details of such cooperation are set out
in Annex
VI.
2. A Standing Cooperation Committee to deal with issues arising
in the context of this cooperation is hereby established as provided
for in Annex VI.
ARTICLE XXVI 1. The Liaison Committee established pursuant to Article X of the
DOP shall ensure the smooth implementation of this Agreement. It
shall deal with issues requiring coordination, other issues of
common interest and disputes.
2. The Liaison Committee shall be composed of an equal number of
members from each Party. It may add other technicians and experts as
necessary.
3. The Liaison Committee shall adopt its rules of procedures,
including the frequency and place or places of its meetings.
4. The Liaison Committee shall reach its decisions by agreement.
5. The Liaison Committee shall establish a subcommittee that will
monitor and steer the implementation of this Agreement (hereinafter
"the Monitoring and Steering Committee"). It will function as
follows:
a. The Monitoring and Steering Committee will, on an ongoing
basis, monitor the implementation of this Agreement, with a view to
enhancing the cooperation and fostering the peaceful relations
between the two sides.
b. The Monitoring and Steering Committee will steer the
activities of the various joint committees established in this
Agreement (the JSC, the CAC, the Legal Committee, the Joint Economic
Committee and the Standing Cooperation Committee) concerning the
ongoing implementation of the Agreement, and will report to the
Liaison Committee.
c. The Monitoring and Steering Committee will be composed of the
heads of the various committees mentioned above.
d. The two heads of the Monitoring and Steering Committee will
establish its rules of procedures, including the frequency and
places of its meetings.
ARTICLE XXVII 1. Pursuant to Article XII of the DOP, the two Parties have
invited the Governments of Jordan and Egypt to participate in
establishing further liaison and cooperation arrangements between
the Government of Israel and the Palestinian representatives on the
one hand, and the Governments of Jordan and Egypt on the other hand,
to promote cooperation between them. As part of these arrangements a
Continuing Committee has been constituted and has commenced its
deliberations.
2. The Continuing Committee shall decide by agreement on the
modalities of admission of persons displaced from the West Bank and
the Gaza Strip in 1967, together with necessary measures to prevent
disruption and disorder.
3. The Continuing Committee shall also deal with other matters of
common concern.
ARTICLE XXVIII 1. Israel and the Council shall cooperate by providing each other
with all necessary assistance in the conduct of searches for missing
persons and bodies of persons which have not been recovered, as well
as by providing information about missing persons.
2. The PLO undertakes to cooperate with Israel and to assist it
in its efforts to locate and to return to Israel Israeli soldiers
who are missing in action and the bodies of soldiers which have not
been recovered.
ARTICLE XXIX Arrangements for safe passage of persons and transportation
between the West Bank and the Gaza Strip are set out in Annex
I.
ARTICLE XXX Arrangements for coordination between Israel and the Council
regarding passage to and from Egypt and Jordan, as well as any other
agreed international crossings, are set out in Annex
I.
1. This Agreement shall enter into force on the date of its
signing.
2. The Gaza-Jericho Agreement, except for Article XX
(Confidence-Building Measures), the Preparatory Transfer Agreement
and the Further Transfer Protocol will be superseded by this
Agreement.
3. The Council, upon its inauguration, shall replace the
Palestinian Authority and shall assume all the undertakings and
obligations of the Palestinian Authority under the Gaza-Jericho
Agreement, the Preparatory Transfer Agreement, and the Further
Transfer Protocol.
4. The two sides shall pass all necessary legislation to
implement this Agreement.
5. Permanent status negotiations will commence as soon as
possible, but not later than May 4, 1996, between the Parties. It is
understood that these negotiations shall cover remaining issues,
including: Jerusalem, refugees, settlements, security arrangements,
borders, relations and cooperation with other neighbors, and other
issues of common interest.
6. Nothing in this Agreement shall prejudice or preempt the
outcome of the negotiations on the permanent status to be conducted
pursuant to the DOP. Neither Party shall be deemed, by virtue of
having entered into this Agreement, to have renounced or waived any
of its existing rights, claims or positions.
7. Neither side shall initiate or take any step that will change
the status of the West Bank and the Gaza Strip pending the outcome
of the permanent status negotiations.
8. The two Parties view the West Bank and the Gaza Strip as a
single territorial unit, the integrity and status of which will be
preserved during the interim period.
9. The PLO undertakes that, within two months of the date of the
inauguration of the Council, the Palestinian National Council will
convene and formally approve the necessary changes in regard to the
Palestinian Covenant, as undertaken in the letters signed by the
Chairman of the PLO and addressed to the Prime Minister of Israel,
dated September 9, 1993 and May 4, 1994.
10. Pursuant to Annex
I, Article IX of this Agreement, Israel confirms that the
permanent checkpoints on the roads leading to and from the Jericho
Area (except those related to the access road leading from Mousa
Alami to the Allenby Bridge) will be removed upon the completion of
the first phase of redeployment.
11. Prisoners who, pursuant to the Gaza-Jericho Agreement, were
turned over to the Palestinian Authority on the condition that they
remain in the Jericho Area for the remainder of their sentence, will
be free to return to their homes in the West Bank and the Gaza Strip
upon the completion of the first phase of redeployment.
12. As regards relations between Israel and the PLO, and without
derogating from the commitments contained in the letters signed by
and exchanged between the Prime Minister of Israel and the Chairman
of the PLO, dated September 9, 1993 and May 4, 1994, the two sides
will apply between them the provisions contained in Article XXII,
paragraph 1, with the necessary changes.
13. a. The Preamble to this Agreement, and all Annexes,
Appendices and maps attached hereto, shall constitute an integral
part hereof.
b. The Parties agree that the maps attached to the Gaza-Jericho
Agreement as:
a. map No. 1 (The Gaza Strip), an exact copy of which is attached
to this Agreement as map No.
(in this Agreement "map No. 2");
b. map No. 4 (Deployment of Palestinian Police in the Gaza
Strip), an exact copy of which is attached to this Agreement as map No.
5 (in this Agreement "map No. 5"); and
c. map No. 6 (Maritime Activity Zones), an exact copy of which is
attached to this Agreement as map No.
8 (in this Agreement "map No. 8"; are an integral part hereof
and will remain in effect for the duration of this Agreement.
14. While the Jeftlik area will come under the functional and
personal jurisdiction of the Council in the first phase of
redeployment, the area's transfer to the territorial jurisdiction of
the Council will be considered by the Israeli side in the first
phase of the further redeployment phases.
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