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Gaza Strip & Jericho
Agreement
4
May 1994
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 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 through
the agreed political process;
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;
REAFFIRMING their understanding
that the interim self-government arrangements, including the arrangements
to apply in the Gaza Strip and the Jericho Area contained in this Agreement,
are an integral part of the whole peace process and that the negotiations
on the permanent status will lead to the implementation of Security
Council Resolutions 242 and 338;
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 Declaration of Principles),
and in particular the Protocol on withdrawal of Israeli forces from
the Gaza Strip and the Jericho Area;
HEREBY AGREE to the
following arrangements regarding the Gaza Strip and the Jericho Area:
ARTICLE I: DEFINITIONS
For the purpose of this Agreement:
- the Gaza Strip and the Jericho Area
are delineated on map No. 1 and map No. 2 attached to this Agreement;
- the Settlements means
the Gush Katif and Erez settlement areas, as well as the other settlements
in the Gaza Strip, as shown on attached map No. 1;
- the Military Installation Area
means the Israeli military installation area along the Egyptian border
in the Gaza Strip, as shown on map No. 1; and
- the term Israelis shall
also include Israeli statutory agencies and corporations registered
in Israel.
ARTICLE II: SCHEDULED WITHDRAWAL OF ISRAELI
MILITARY FORCES
- Israel shall implement an accelerated
and scheduled withdrawal of Israeli military forces from the Gaza
Strip and from the Jericho Area to begin immediately with the signing
of this Agreement. Israel shall complete such withdrawal within three
weeks from this date.
- Subject to the arrangements included
in the Protocol Concerning Withdrawal of Israeli Military Forces and
Security Arrangements attached as Annex I , the Israeli withdrawal
shall include evacuating all military bases and other fixed installations
to be handed over to the Palestinian Police, to be established pursuant
to Article IX below (hereinafter the Palestinian Police).
- In order to carry out Israels
responsibility for external security and for internal security and
public order of Settlements and Israelis, Israel shall, concurrently
with the withdrawal, redeploy its remaining military forces to the
Settlements and the Military Installation Area, in accordance with
the provisions of this Agreement. Subject to the provisions of this
Agreement, this redeployment shall constitute full implementation
of Article XIII of the Declaration of Principles with regard to the
Gaza Strip and the Jericho Area only.
- For the purposes of this Agreement,
Israeli military forces may include Israel police and
other Israeli security forces.
- Israelis, including Israeli military
forces, may continue to use roads freely within the Gaza Strip and
the Jericho Area. Palestinians may use public roads crossing the Settlements
freely, as provided for in Annex I.
- The Palestinian Police shall be deployed
and shall assume responsibility for public order and internal security
of Palestinians in accordance with this Agreement and Annex I.
ARTICLE III: TRANSFER OF AUTHORITY
- Israel shall transfer authority as
specified in this Agreement from the Israeli military government and
its Civil Administration to the Palestinian Authority, hereby established,
in accordance with Article V of this Agreement, except for the authority
that Israel shall continue to exercise as specified in this Agreement.
- 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 II .
- Arrangements for a smooth and peaceful
transfer of the agreed powers and responsibilities are set out in
Annex II.
- Upon the completion of the Israeli
withdrawal and the transfer of powers and responsibilities as detailed
in paragraphs 1 and 2 above and in Annex II, the Civil Administration
in the Gaza Strip and the Jericho Area will be dissolved and the Israeli
military government will be withdrawn. The withdrawal of the military
government shall not prevent it from continuing to exercise the powers
and responsibilities specified in this Agreement.
- A Joint Civil Affairs Coordination
and Cooperation Committee (hereinafter the CAC) and two
Joint Regional Civil Affairs Subcommittees for the Gaza Strip and
the Jericho Area respectively shall be established in order to provide
for coordination and cooperation in civil affairs between the Palestinian
Authority and Israel, as detailed in Annex II.
- The offices of the Palestinian Authority
shall be located in the Gaza Strip and the Jericho Area pending the
inauguration of the Council to be elected pursuant to the Declaration
of Principles.
ARTICLE IV: STRUCTURE AND COMPOSITION
OF THE PALESTINIAN AUTHORITY
- The Palestinian Authority will consist
of one body of 24 members which shall carry out and be responsible
for all the legislative and executive powers and responsibilities
transferred to it under this Agreement, in accordance with this Article,
and shall be responsible for the exercise of judicial functions in
accordance with Article VI, subparagraph 1.b. of this Agreement.
- The Palestinian Authority shall administer
the departments transferred to it and may establish, within its jurisdiction,
other departments and subordinate administrative units as necessary
for the fulfillment of its responsibilities. It shall determine its
own internal procedures.
- The PLO shall inform the Government
of Israel of the names of the members of the Palestinian Authority
and any change of members. Changes in the membership of the Palestinian
Authority will take effect upon an exchange of letters between the
PLO and the Government of Israel.
- Each member of the Palestinian Authority
shall enter into office upon undertaking to act in accordance with
this Agreement.
ARTICLE V: JURISDICTION
- The authority of the Palestinian Authority
encompasses all matters that fall within its territorial, functional
and personal jurisdiction, as follows:
- The territorial jurisdiction covers
the Gaza Strip and the Jericho Area territory, as defined in Article
I, except for Settlements and the Military Installation Area.
Territorial jurisdiction
shall include land, subsoil and territorial waters, in accordance
with the provisions of this Agreement.
- The functional jurisdiction encompasses
all powers and responsibilities as specified in this Agreement.
This jurisdiction does not include foreign relations, internal
security and public order of Settlements and the Military Installation
Area and Israelis, and external security.
- The personal jurisdiction extends
to all persons within the territorial jurisdiction referred to
above, except for Israelis, unless otherwise provided in this
Agreement.
- The Palestinian Authority has, within
its authority, legislative, executive and judicial powers and responsibilities,
as provided for in this Agreement.
- Israel has authority over the
Settlements, the Military Installation Area, Israelis, external
security, internal security and public order of Settlements, the
Military Installation Area and Israelis, and those agreed powers
and responsibilities specified in this Agreement.
- Israel shall exercise its authority
through its military government, which, for that end, shall continue
to have the necessary legislative, judicial and executive powers
and responsibilities, in accordance with international law. This
provision shall not derogate from Israels applicable legislation
over Israelis in personam.
- The exercise of authority with regard
to the electromagnetic sphere and airspace shall be in accordance
with the provisions of this Agreement.
- The provisions of this Article are
subject to the specific legal arrangements detailed in the Protocol
Concerning Legal Matters attached as Annex III . Israel and the Palestinian
Authority may negotiate further legal arrangements.
- Israel and the Palestinian Authority
shall cooperate on matters of legal assistance in criminal and civil
matters through the legal subcommittee of the CAC.
ARTICLE VI: POWERS AND RESPONSIBILITIES
OF THE PALESTINIAN AUTHORITY
- Subject to the provisions of this
Agreement, the Palestinian Authority, within its jurisdiction:
- has legislative powers as set
out in Article VII of this Agreement, as well as executive powers;
- will administer justice through
an independent judiciary;
- will have, inter alia, power to
formulate policies, supervise their implementation, employ staff,
establish departments, authorities and institutions, sue and be
sued and conclude contracts; and
- will have, inter alia, the power
to keep and administer registers and records of the population,
and issue certificates, licenses and documents.
- In accordance with the Declaration
of Principles, the Palestinian Authority 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 Gaza Strip or the Jericho Area, the appointment
of or admission of diplomatic and consular staff, and the exercise
of diplomatic functions.
- Notwithstanding the provisions
of this paragraph, the PLO may conduct negotiations and sign agreements
with states or international organizations for the benefit of
the Palestinian Authority in the following cases only:
- economic agreements, as specifically
provided in Annex IV of this Agreement;
- agreements with donor countries
for the purpose of implementing arrangements for the provision
of assistance to the Palestinian Authority;
- agreements for the purpose
of implementing the regional development plans detailed in
Annex IV of the Declaration of Principles or in agreements
entered into in the framework of the multilateral negotiations;
and
- cultural, scientific and educational
agreements.
- Dealings between the Palestinian
Authority and representatives of foreign states and international
organizations, as well as the establishment in the Gaza Strip
and the Jericho Area of representative offices other than those
described in subparagraph 2.a. above, for the purpose of implementing
the agreements referred to in subparagraph 2.b. above, shall not
be considered foreign relations.
ARTICLE VII: LEGISLATIVE POWERS OF THE
PALESTINIAN AUTHORITY
- The Palestinian Authority will have
the power, within its jurisdiction, to promulgate legislation, including
basic laws, laws, regulations and other legislative acts.
- Legislation promulgated by the Palestinian
Authority shall be consistent with the provisions of this Agreement.
- Legislation promulgated by the Palestinian
Authority shall be communicated to a legislation subcommittee to be
established by the CAC (hereinafter the Legislation Subcommittee).
During a period of 30 days from the communication of the legislation,
Israel may request that the Legislation Subcommittee decide whether
such legislation exceeds the jurisdiction of the Palestinian Authority
or is otherwise inconsistent with the provisions of this Agreement.
- Upon receipt of the Israeli request,
the Legislation Subcommittee shall decide, as an initial matter, on
the entry into force of the legislation pending its decision on the
merits of the matter.
- If the Legislation Subcommittee is
unable to reach a decision with regard to the entry into force of
the legislation within 15 days, this issue will be referred to a board
of review. This board of review shall be comprised of two judges,
retired judges or senior jurists (hereinafter Judges),
one from each side, to be appointed from a compiled list of three
Judges proposed by each.
In order to expedite the proceedings before this board of review,
the two most senior Judges, one from each side, shall develop written
informal rules of procedure.
- Legislation referred to the board
of review shall enter into force only if the board of review decides
that it does not deal with a security issue which falls under IsraeLs
responsibility, that it does not seriously threaten other significant
Israeli interests protected by this Agreement and that the entry into
force of the legislation could not cause irreparable damage or harm.
- The Legislation Subcommittee shall
attempt to reach a decision on the merits of the matter within 30
days from the date of the Israeli request. If this Subcommittee is
unable to reach such a decision within this period of 30 days, the
matter shall be referred to the Joint Israeli-Palestinian Liaison
Committee referred to in Article XV below (hereinafter the Liaison
Committee). This Liaison Committee will deal with the matter
immediately and will attempt to settle it within 30 days.
- Where the legislation has not entered
into force pursuant to paragraphs 5 or 7 above, this situation shall
be maintained pending the decision of the Liaison Committee on the
merits of the matter, unless it has decided otherwise.
- Laws and military orders in effect
in the Gaza Strip or the Jericho Area prior to the signing of this
Agreement shall remain in force, unless amended or abrogated in accordance
with this Agreement.
ARTICLE VIII: ARRANGEMENTS FOR SECURITY
AND PUBLIC ORDER
- In order to guarantee public order
and internal security for the Palestinians of the Gaza Strip and the
Jericho Area, the Palestinian Authority shall establish a strong police
force, as set out in Article IX below. Israel shall continue to carry
the responsibility for defense against external threats, including
the responsibility for protecting the Egyptian border and the Jordanian
line, 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 three joint District Coordination and Cooperation Offices
for the Gaza district, the Khan Yunis district and the Jericho district
respectively (hereinafter the 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.
ARTICLE IX: THE PALESTINIAN DIRECTORATE
OF POLICE FORCE
- The Palestinian Authority shall establish
a strong police force, the Palestinian Directorate of Police Force
(hereinafter the Palestinian Police). The duties, functions,
structure, deployment and composition of the Palestinian Police, together
with provisions regarding its equipment and operation, are set out
in Annex I, Article III. Rules of conduct governing the activities
of the Palestinian Police are set out in Annex I, Article VIII.
- Except for the Palestinian Police
referred to in this Article and the Israeli military forces, no other
armed forces shall be established or operate in the Gaza Strip or
the Jericho Area.
- Except for the arms, ammunition and
equipment of the Palestinian Police described in Annex I, Article
III, and those of the Israeli military forces, no organization or
individual in the Gaza Strip and the Jericho Area shall manufacture,
sell, acquire, possess, import or otherwise introduce into the Gaza
Strip or the Jericho Area any firearms, ammunition, weapons, explosives,
gunpowder or any related equipment, unless otherwise provided for
in Annex I.
ARTICLE X: PASSAGES
Arrangements for coordination between
Israel and the Palestinian Authority regarding the Gaza-Egypt and Jericho-Jordan
passages, as well as any other agreed international crossings, are set
out in Annex I, Article X.
ARTICLE XI: SAFE PASSAGE BETWEEN THE GAZA
STRIP AND THE JERICHO AREA
Arrangements for safe passage of persons
and transportation between the Gaza Strip and the Jericho Area are set
out in Annex I, Article IX.
ARTICLE XII: RELATIONS BETWEEN ISRAEL
AND THE PALESTINIAN AUTHORITY
- Israel and the Palestinian Authority
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.
- Without derogating from the other
provisions of this Agreement, Israel and the Palestinian Authority
shall cooperate in combatting 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 XIII: 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, certified copies of which
are attached as Annex IV, and will be governed by the relevant provisions
of this Agreement and its Annexes.
ARTICLE XIV: HUMAN RIGHTS AND THE RULE
OF LAW
Israel and the Palestinian Authority
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 XV: THE JOINT ISRAELI-PALESTINIAN
LIAISON COMMITTEE
- The Liaison Committee established
pursuant to Article X of the Declaration of Principles 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 procedure, including the frequency and place or places
of its meetings.
- The Liaison Committee shall reach
its decisions by Agreement.
ARTICLE XVI: LIAISON
AND COOPERATION WITH JORDAN AND EGYPT
- Pursuant to Article XII of the Declaration
of Principles, the two Parties shall invite 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. These
arrangements shall include the constitution of a Continuing Committee.
- 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 deal
with other matters of common concern.
ARTICLE XVII: 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 Declaration of Principles 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 subsequent agreements pertaining
to the interim period shall be settled by negotiations 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.
ARTICLE XVIII: 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 others
authority and against their property, and shall take legal measures
against offenders. In addition, the Palestinian side shall take all
measures necessary to prevent such hostile acts directed against the
Settlements, the infrastructure serving them and the Military Installation
Area, and the Israeli side shall take all measures necessary to prevent
such hostile acts emanating from the Settlements and directed against
Palestinians.
ARTICLE XIX: MISSING PERSONS
The Palestinian Authority shall cooperate
with Israel by providing all necessary assistance in the conduct of
searches by Israel within the Gaza Strip and the Jericho Area for missing
Israelis, as well as by providing information about missing Israelis.
Israel shall cooperate with the Palestinian Authority in searching for,
and providing necessary information about, missing Palestinians.
ARTICLE XX: CONFIDENCE BUILDING MEASURES
With a view to creating a positive and
supportive public atmosphere to accompany the implementation of this
Agreement, and to establish a solid basis of mutual trust and good faith,
both Parties agree to carry out confidence building measures as detailed
herewith:
- Upon the signing of this Agreement,
Israel will release, or turn over, to the Palestinian Authority within
a period of 5 weeks, about 5,000 Palestinian detainees and prisoners,
residents of the West Bank and the Gaza Strip. Those released will
be free to return to their homes anywhere in the West Bank or the
Gaza Strip. Prisoners turned over to the Palestinian Authority shall
be obliged to remain in the Gaza Strip or the Jericho Area for the
remainder of their sentence.
- After the signing of this Agreement,
the two Parties shall continue to negotiate the release of additional
Palestinian prisoners and detainees, building on agreed principles.
- The implementation of the above measures
will be subject to the fulfillment of the procedures determined by
Israeli law for the release and transfer of detainees and prisoners.
- With the assumption of Palestinian
authority, the Palestinian side commits itself to solving the problem
of those Palestinians who were in contact with the Israeli authorities.
Until an agreed solution is found, the Palestinian side undertakes
not to prosecute these Palestinians or to harm them in any way.
- Palestinians from abroad whose entry
into the Gaza Strip and the Jericho Area 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 XXI: TEMPORARY INTERNATIONAL PRESENCE
- The Parties agree to a temporary international
or foreign presence in the Gaza Strip and the Jericho Area (hereinafter
the TIP), in accordance with the provisions of this Article.
- The TIP shall consist of 400 qualified
personnel, including observers, instructors and other experts, from
5 or 6 of the donor countries.
- The two Parties shall request the
donor countries to establish a special fund to provide finance for
the TIP.
- The TIP will function for a period
of 6 months. The TIP may extend this period, or change the scope of
its operation, with the agreement of the two Parties.
- The TIP shall be stationed and operate
within the following cities and villages: Gaza, Khan Yunis, Rafah,
Deir El Ballah, Jabaliya, Absan, Beit Hanun and Jericho.
- Israel and the Palestinian Authority
shall agree on a special Protocol to implement this Article, with
the goal of concluding negotiations with the donor countries contributing
personnel within two months.
ARTICLE XXII: RIGHTS, LIABILITIES AND
OBLIGATIONS
- The transfer of all powers and responsibilities
to the Palestinian Authority, as detailed in Annex II, includes
all related rights, liabilities and obligations arising with regard
to acts or omissions which occurred prior to the transfer. Israel
will cease to bear any financial responsibility regarding such acts
or omissions and the Palestinian Authority will bear all financial
responsibility for these and for its own functioning.
- Any financial claim made in this
regard against Israel will be referred to the Palestinian Authority.
- Israel shall provide the Palestinian
Authority with the information it has regarding pending and anticipated
claims brought before any court or tribunal against Israel in this
regard.
- Where legal proceedings are brought
in respect of such a claim, Israel will notify the Palestinian Authority
and enable it to participate in defending the claim and raise any
arguments on its behalf.
- In the event that an award is made
against Israel by any court or tribunal in respect of such a claim,
the Palestinian Authority shall reimburse Israel the full amount
of the award.
- 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 Palestinian Authority shall not bear financial
responsibility.
- 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.
ARTICLE XXIII: FINAL CLAUSES
- This Agreement shall enter into force
on the date of its signing.
- The arrangements established by this
Agreement shall remain in force until and to the extent superseded by
the Interim Agreement referred to in the Declaration of Principles or
any other agreement between the Parties.
- The five-year interim period referred
to in the Declaration of Principles commences on the date of the signing
of this Agreement.
- The Parties agree that, as long as this
Agreement is in force, the security fence erected by Israel around the
Gaza Strip shall remain in place and that the line demarcated by the
fence, as shown on attached map No. 1, shall be authoritative only for
the purpose of this Agreement.
- Nothing in this Agreement shall prejudice
or preempt the outcome of the negotiations on the interim agreement
or on the permanent status to be conducted pursuant to the Declaration
of Principles. 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.
- The two Parties view the West Bank and
the Gaza Strip as a single territorial unit, the integrity of which
will be preserved during the interim period.
- The Gaza Strip and the Jericho Area
shall continue to be an integral part of the West Bank and the Gaza
Strip, and their status shall not be changed for the period of this
Agreement. Nothing in this Agreement shall be considered to change this
status.
- The Preamble to this Agreement, and
all Annexes, Appendices and maps attached hereto, shall constitute an
integral part hereof.
Done in Cairo this fourth
day of May, 1994.
_______________________
For the Government of the State of Israel
_______________________
For the PLO
Witnessed By:
_________________________
The United States of America
_________________________
The Russian Federation
_________________________
The Arab Republic of Egypt
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