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AGREEMENT ON THE GAZA STRIP AND THE
JERICHO AREA
May 4, 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:
a. the Gaza Strip
and the Jericho Area are delineated on map No. 1 and map No. 2 attached to this
Agreement;
b. "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;
c. "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
d. the term
"Israelis" shall also include Israeli statutory agencies and corporations
registered in Israel.
ARTICLE II
SCHEDULED WITHDRAWAL OF ISRAELI MILITARY FORCES
1. 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.
2. 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").
3. In order to carry
out Israel's 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.
4. For the purposes
of this Agreement, "Israeli military forces" may include Israel
police and other Israeli security forces.
5. 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.
6. 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
1. 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.
2. 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 .
3. Arrangements for
a smooth and peaceful transfer of the agreed powers and responsibilities are
set out in Annex II.
4. 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.
5. 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.
6. 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
1. 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.
2. 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.
3. 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.
4. Each member of
the Palestinian Authority shall enter into office upon undertaking to act in
accordance with this Agreement.
ARTICLE V
JURISDICTION
1. The authority of
the Palestinian Authority encompasses all matters that fall within its
territorial, functional and personal jurisdiction, as follows:
a. 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.
b. 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.
c. The personal
jurisdiction extends to all persons within the territorial jurisdiction
referred to above, except for Israelis, unless otherwise provided in this
Agreement.
2. The Palestinian
Authority has, within its authority, legislative, executive and judicial powers
and responsibilities, as provided for in this Agreement.
3.
a. 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.
b. 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 Israel's applicable legislation over Israelis in
personam.
4. The exercise of
authority with regard to the electromagnetic sphere and airspace shall be in
accordance with the provisions of this Agreement.
5. 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.
6. 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
1. Subject to the
provisions of this Agreement, the Palestinian Authority, within its
jurisdiction:
a. has legislative
powers as set out in Article VII of this Agreement, as well as executive powers;
b. will administer
justice through an independent judiciary;
c. 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
d. will have, inter
alia, the power to keep and administer registers and records of the population,
and issue certificates, licenses and documents.
2.
a. 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.
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
Palestinian Authority in the following cases only:
1.
economic agreements, as specifically provided in Annex IV of this
Agreement;
2.
agreements with donor countries for the purpose of implementing
arrangements for the provision of assistance to the Palestinian Authority;
3.
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
4.
cultural, scientific and educational agreements.
c. 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
1. The Palestinian Authority
will have the power, within its jurisdiction, to promulgate legislation,
including basic laws, laws, regulations and other legislative acts.
2. Legislation
promulgated by the Palestinian Authority shall be consistent with the
provisions of this Agreement.
3. 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.
4. 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.
5. 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.
6. 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
Israel's 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.
7. 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.
8. 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.
9. 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
1. 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.
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 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.
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.
ARTICLE IX
THE PALESTINIAN DIRECTORATE OF POLICE FORCE
1. 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.
2. 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.
3. 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
1. 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.
2. 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
1. 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.
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 procedure, including the frequency and place
or places of its meetings.
4. The Liaison
Committee shall reach its decisions by Agreement.
ARTICLE XVI
LIAISON AND COOPERATION WITH JORDAN AND EGYPT
1.
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.
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 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:
1. 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.
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 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 other's 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:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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
1. 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.
2. The TIP shall consist
of 400 qualified personnel, including observers, instructors and other experts,
from 5 or 6 of the donor countries.
3. The two Parties
shall request the donor countries to establish a special fund to provide
finance for the TIP.
4. 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.
5. 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.
6. 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
1.
a.
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.
b.
Any financial claim made in this regard against Israel will be referred
to the Palestinian Authority.
c.
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.
d.
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.
e.
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.
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 Palestinian Authority shall not bear financial
responsibility.
2.
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
1. This Agreement
shall enter into force on the date of its signing.
2. 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.
3. The five-year
interim period referred to in the Declaration of Principles commences on the
date of the signing of this Agreement.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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
Landkarten
zu dem Abkommen
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