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
withArticle 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.
i.
The Ra'ees of the Executive
Authority shall be an ex officio member of the Executive Authority.
ii.
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.
iii.
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.
iv.
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.
i.
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.
ii.
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.
iii.
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 internasecurity 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:
i.
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.
ii.
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.
iii.
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.
iv. 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.
v.
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.
vi. 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:
i.
"Area A" means the populated areas
delineated by a red line and shaded in brown on attached map No. 1;
ii.
"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
iii.
"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.
i.
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.
ii.
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 caout 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:
i.
issues that will be negotiated
in the permanent status negotiations: Jerusalem, settlements, specified military
locations, Palestinian refugees, borders, foreign relations and Israelis; and
ii.
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
i.
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.
ii.
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.
iii.
The territorial and functional
jurisdiction of the Council will apply to all persons, except for Israelis,
unless otherwise provided in this Agreement.
iv.
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.
i.
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.
ii.
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:
i.
the power to initiate
legislation or to present proposed legislation to the Council;
ii.
the power to promulgate
legislation adopted by the Council; and
iii.
the power to issue secondary
legislation, including regulations, relating to any matters specified andwithin
the scope laid down in any primary legislation adopted by the Council.
i.
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.
ii.
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.
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
i.
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.
ii.
Any financial claim made in
this regard against Israel will be referred to the Council.
iii.
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.
iv.
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.
v.
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.
vi.
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.
i.
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.
ii.
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.
iii.
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.
1.
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.
2.
The Council, upon its
inauguration, will assume all the rights, liabilities and obligations of the
Palestinian Authority.
3.
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 follo:
i.
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.
ii.
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.
iii.
The Monitoring and Steering
Committee will be composed of the heads of the various committees mentioned
above.
iv.
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.
i.
The Preamble to this
Agreement, and all Annexes, Appendices and maps attached hereto, shall
constitute an integral part hereof.
ii.
The Parties agree that the
maps attached to the Gaza-Jericho Agreement as:
i.
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");
ii. 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
iii. 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