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The Oslo Interim Agreement
September
28, 1995
Introduction
The
purpose of the Oslo interim agreement was to create a
situation that would make it possible for the
Palestinians to negotiate as an independent party,
without determining in itself the final status. The
agreement called for redeployment of the Israeli Army
from a sufficient part of the West Bank and Gaza Strip
to allow free elections to take place. That is, the army
withdrew from most population centers, including about
97% of the population, but only about 7% of the area.
The elections allowed the Palestinians to set up the
Palestine National Authority as a negotiating partner
representing the Palestinians, and as an administrative
authority over the Palestinians.
Contrary
to assertions of some commentators, the agreement does
not obligate either side regarding the final status.
While it is unlikely that the Palestinians will return
to Israel any areas from which the IDF has redeployed,
stipulations about Israeli claims to real estate and
other arrangements in the interim agreements do not bind
the Palestinians, as stated explicitly in Article 31:
item 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.
Click here
for map of Israel and Palestinian areas following the
agreement.
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 Chairman
[In Arabic, "Ra'ees," always translated as
"President.] 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 Chairman 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 Chairman 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 Chairman 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.
a.
The
Chairman 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
Chairman 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.
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.
5.
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.
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.
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.
4.
The
exercise of authority with regard to the electromagnetic
sphere and air space shall be in accordance with the
provisions of this Agreement.
5.
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.
6.
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.
7.
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.
d.
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.
e.
The
Chairman 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.
4.
All
legislation shall be communicated to the Israeli side of
the Legal Committee.
5.
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
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.
g.
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.
h.
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.
i.
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.
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.
3.
The Council, upon its inauguration, will assume all the rights,
liabilities and obligations of the Palestinian
Authority.
4.
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.
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.
13.
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
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