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