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
b. "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
c. 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.
Yitzhak Rabin
_______________________
For the Government of the
State of Israel
Yasir Arafat
_______________________
For the PLO
Witnessed By:
Warren Christopher
_________________________
The United States of America
Andrei V. Kozyrev
_________________________
The Russian Federation
Hosni Mubarak
_________________________
The Arab Republic of Egypt
* Annex 1 - Withdrawal and Security Arrangements
* Annex 2 - Civil Affairs
* Annex 3 - Legal Matters
* Annex 4 - Economic Protocol
* Exchange of Letters - Arafat-Rabin
* Gaza-Jericho Map No. 1
* Gaza-Jericho Map No. 2
* Gaza-Jericho Map No. 3
* Gaza-Jericho Map No. 4
* Gaza-Jericho Map No. 5
* Gaza-Jericho Map No. 6