JMCC OCCASIONAL DOCUMENT SERIES
Israeli - Palestinian Interim Agreement
On the West Bank and the Gaza Strip
Washington DC, 28 September 1995
(JMCC, occasional document series no. 7, pp 261 August
1996)
Contents
Interim Agreement
Annex
I - Protocol Concerning Redeployment and Security Arrangments
Annex
II - Protocol Concerning Elections
Annex
III - Protocol Concerning Civil Affairs
Annex
IV - Protocol Concerning Legal Matters
Annex
V - Protocol on Economic Relations
Annex
VI - Protocol Concerning Israeli - Palestinian Cooperation Programs
Annex
VII - Protocol Concerning Release of Palestinian Prisoners and Detainees
Interim Agreement
The Government of the State of Israel and the Palestine
Liberation Organization (hereinafter "the PLO"), the representative of
the Palestinian people
Premable
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, DC 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 agreeas follows:
Chapter 1 - The Council
ARTICLE I
Transfer of Authority
-
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.
-
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.
-
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").
-
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").
-
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.
-
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.
-
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
Elections
-
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 "AnnexII").
-
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.
-
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).
-
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
Structure of the Palestinian Council
-
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.
-
The Council shall possess both legislative power and executive
power, in accordance with Articles VII and IX of the DOP. The Council shall
carryout and be responsible for all the legislative and executive powers
and retransferred 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).
-
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.
-
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.
-
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.
-
The jurisdiction of the Council shall be as determined in
Article XVII of this Agreement (Jurisdiction).
-
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.
-
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.
-
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
Size of the Council
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
The Executive Authority of the Council
-
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").
-
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.
-
The Council will publish the names of the members of the
Executive Authority immediately upon their initial appointment and subsequent
to any changes.
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
Other Committees of the Council
-
The Council may form small committees to simplify the
proceedings of the Council and to assist in controlling the activity of
its Executive Authority.
-
Each committee shall establish its own decision-making processes
within the general framework of the organization and structure of the Council.
ARTICLE VII
Open Government
-
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.
-
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
Judicial Review
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.
ARTICLE IX
Powers and Responsibilities of the Council
-
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.
-
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.
-
The Palestinian Council's executive decisions and acts shall
be consistent with the provisions of this Agreement.
-
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.
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:
(1) 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.
c. 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.
Chapter
2 - redeployment and security arrangements
ARTICLE X
Redeployment of Israeli Military Forces
-
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.
-
Further redeployments of Israeli military forces to specified
military locations will commence after thinauguration 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.
-
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 Article XIII (Security) below and
AnnexI.
-
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.
-
For the purpose of this Agreement, "Israeli military forces"
includes Israel Police and other Israeli security forces.
ARTICLE XI
Land
-
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.
-
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.
-
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
Arrangements for Security and Public Order
-
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.
-
Agreed security arrangements and coordination mechanisms
are specified in Annex I.
-
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.
-
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.
-
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.
ARTICLE XIII
Security
-
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.
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:
(1) 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.
-
The Palestinian Police and the Israeli military forces will
conduct joint security activities on the main roads as set out in Annex
1.
-
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.
-
Further redeployments from Area C atransfer 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.
-
The procedures detailed in this paragraph will be reviewed
within six months of the completion of the first phase of redeployment.
ARTICLE XIV
The Palestinian Police
-
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.
-
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.
-
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.
-
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.
ARTICLE XV
Prevention of Hostile Acts
-
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.
-
Specific provisions for the implementation of this Article
are set out in Annex I.
ARTICLE XVI
Confidence Building Measures
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:
-
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.
-
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.
-
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.
Chapter 3 - Legal Affairs
ARTICLE XVII
Jurisdiction
-
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.
-
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.
-
The Council has, within its authority, legislative,
executive and judicial powers and responsibilities, as provided for in
this Agreement.
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.
-
The exercise of authority with regard to the electromagnetic
sphere and air space shall be in accordance with the provisions of this
Agreement.
-
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.
-
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.
-
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.
ARTICLE XVIII
Legislative Powers of the Council
-
For the purposes of this Article, legislation shall mean
any primary and secondary legislation, including basic laws, laws, regulations
and other legislative acts.
-
The Council has the power, within its jurisdiction as defined
in Article XVII of this Agreement, to adopt legislation.
-
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.
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.
-
All legislation shall be communicated to the Israeli
side of the Legal Committee.
-
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
Human Rights and the Rule of Law
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.
ARTICLE XX
Rights, Liabilities and Obligations
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 1.d
through 1.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 1.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.
ARTICLE XXI
Settlement of Differences and Disputes
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:
-
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.
-
Disputes which cannot be settled by negotiations may be settled
by a mechanism of conciliation to be agreed between the Parties.
-
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.
Chapter
4 - Cooperation
ARTICLE XXII
Relations between Israel and the Council
-
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.
-
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.
-
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
Cooperation with Regard to Transfer of Powers and Responsibilities
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
Economic Relations
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
Cooperation Programs
-
The Parties agree to establish a mechanism to develop programs
of cooperation between them. Details of such cooperation are set out in
Annex VI.
-
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
The Joint Israeli-Palestinian Liaison Committee
-
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.
-
The Liaison Committee shall be composed of an equal number
of members from each Party. It may add other technicians and experts as
necessary.
-
The Liaison Committee shall adopt its rules of procedures,
including the frequency and place or places of its meetings.
-
The Liaison Committee shall reach its decisions by agreement.
-
The Liaison Committee shall establish a subcommittee that
will monitand 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
Liaison and Cooperation with Jordan and Egypt
-
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.
-
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.
-
The Continuing Committee shall also deal with other matters
of common concern.
ARTICLE XXVIII
Missing Persons
-
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.
-
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.
Chapter 5 - Miscellaneous
provisons
ARTICLE XXIX
Safe Passage between the West Bank and the Gaza Strip
Arrangements for safe passage of persons and transportation
between the West Bank and the Gaza Strip are set out in Annex I.
ARTICLE XXX
Passages
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.
ARTICLE XXXI
Final Clauses
-
This Agreement shall enter into force on the date of its
signing.
-
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.
-
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.
-
The two sides shall pass all necessary legislation to implement
this Agreement.
-
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.
-
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.
-
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.
-
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.
-
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.
-
Pursuant to Annex I, Article VII 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.
-
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.
-
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.
-
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. 2 (in this Agreement "map No.
2");
b. map No. 3 (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.
-
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.
Done at Washington DC, this 28th day of September, 1995.
For the Government of the State of Israel
For the PLO
Witnessed by:
The Unites States of America
The Russian Federation
The Arab Republic of Egypt
The European Union
The Kingdom of Norway
The European Union
[Back to series]