The Israel-Arab Reader (81 page)
Read The Israel-Arab Reader Online
Authors: Walter Laqueur
Critical issues remain to be resolved, especially the question of relating withdrawal to peace and security. But as a result of our conversation today, I am confident that we laid the foundations for real progress in the negotiations between heads of delegation that will begin again next week in Washington.
President Asad and I also discussed the state of relations between the United States and Syria and agreed on the desirability of improving them. This requires honestly addressing the problems in our relationship. Accordingly, we've instructed the Secretary of State and the Syrian Foreign Minister to establish a mechanism to address these issues in detail and openly.
For too long, the Middle East has been denied the benefits of peace. And yet, it is within our power to create the conditions that will enable Israeli and Arab, Muslim, Christian, and Jew to live together in peace. Today's meeting was an important step toward fulfilling that vision. We have a lot of work to do, but we are closer to our goal.
Israel and PLO: Cairo Agreement (March 4, 1994)
The Government of the State of Israel and the Palestine Liberation Organization (hereinafter “the PLO”), the representative of the Palestinian people;
PREAMBLE
Within
the framework of the Middle East peace process initiated at Madrid in October 1991;
the framework of the Middle East peace process initiated at Madrid in October 1991;
Reaffirming
their determination to live in peaceful coexistence, mutual dignity and security, while recognizing their mutual legitimate and political rights;
their determination to live in peaceful coexistence, mutual dignity and security, while recognizing their mutual legitimate and political rights;
Reaffirming
their desire to achieve a just, lasting and comprehensive peace settlement through the agreed political process;
their desire to achieve a just, lasting and comprehensive peace settlement through the agreed political process;
Reaffirming
their adherence to the mutual recognition and commitments expressed in the letters dated September 9, 1993, signed by and exchanged between the Prime Minister of Israel and the Chairman of the PLO;
their adherence to the mutual recognition and commitments expressed in the letters dated September 9, 1993, signed by and exchanged between the Prime Minister of Israel and the Chairman of the PLO;
Reaffirming
their understanding that the interim self-government arrangements, including the arrangements to apply in the Gaza Strip and the Jericho Area contained in this Agreement, are an integral part of the whole peace process and that the negotiations on the permanent status will lead to the implementation of Security Council Resolutions 242 and 338;
their understanding that the interim self-government arrangements, including the arrangements to apply in the Gaza Strip and the Jericho Area contained in this Agreement, are an integral part of the whole peace process and that the negotiations on the permanent status will lead to the implementation of Security Council Resolutions 242 and 338;
Desirous
of putting into effect the Declaration of Principles on Interim Self-Government Arrangements signed at Washington, D.C., on September 13, 1993, and the Agreed Minutes thereto (hereinafter “the Declaration of Principles”), and in particular the Protocol on withdrawal of Israeli forces from the Gaza Strip and the Jericho Area;
of putting into effect the Declaration of Principles on Interim Self-Government Arrangements signed at Washington, D.C., on September 13, 1993, and the Agreed Minutes thereto (hereinafter “the Declaration of Principles”), and in particular the Protocol on withdrawal of Israeli forces from the Gaza Strip and the Jericho Area;
Hereby agree
to the following arrangements regarding the Gaza Strip and the Jericho Area:
to the following arrangements regarding the Gaza Strip and the Jericho Area:
ARTICLE I
Definitions
For the purpose of this Agreement:
a. The Gaza Strip and the Jericho Area are delineated on Map Nos. 1 and 2 attached to this Agreement;
b. “The Settlements” means the Gush Katif and Erez settlement areas, as well as the other settlements in the Gaza Strip, as shown on attached Map No. 1;
c. “The Military Installation Area” means the Israeli military installation area along the Egyptian border in the Gaza Strip, as shown on Map No. 1; and
d. The term “Israelis” shall also include Israeli statutory agencies and corporations registered in Israel.
ARTICLE II
Scheduled Withdrawal of Israeli Military Forces
1. Israel shall implement an accelerated and scheduled withdrawal of Israeli military forces from the Gaza Strip and from the Jericho Area to begin immediately with the signing of this Agreement. Israel shall complete such withdrawal within three weeks from this date.
2. Subject to the arrangements included in the Protocol concerning withdrawal of Israeli military forces and security arrangements attached as Annex I, the Israeli withdrawal shall include evacuating all military bases and other fixed installations to be handed over to the Palestinian Police, to be established pursuant to Article IX below (hereinafter “the Palestinian Police”).
3. In order to carry out Israeli's responsibility for external security and for internal security and public order of Settlements and Israelis, Israel shall, concurrently with the withdrawal, redeploy its remaining military forces to the Settlements and the Military Installation Area, in accordance with the provisions of this Agreement. Subject to the provisions of this Agreement, this redeployment shall constitute full implementation of Article XIII of the Declaration of Principles with regard to the Gaza Strip and the Jericho Area only.
4. For the purposes of this Agreement, “Israeli military forces” may include Israeli police and other Israeli security forces.
5. Israelis, including Israeli military forces, may continue to use roads freely within the Gaza Strip and the Jericho Area. Palestinians may use public roads crossing the Settlements freely, as provided for in Annex I.
6. The Palestinian Police shall be deployed and shall assume responsibility for public order and internal security of Palestinians in accordance with this Agreement and Annex I.
ARTICLE III
Transfer of Authority
1. Israel shall transfer authority as specified in this Agreement from the Israeli military government and its Civil Administration to the Palestinian Authority, hereby established, in accordance with Article V of this Agreement, except for the authority that Israel shall continue to exercise as specified in this Agreement.
2. As regards the transfer and assumption of authority in civil spheres, powers and responsibilities shall be transferred and assumed as set out in the Protocol concerning civil affairs attached as Annex II.
3. Arrangements for a smooth and peaceful transfer of the agreed powers and responsibilities are set out in Annex II.
4. Upon the completion of the Israeli withdrawal and the transfer of powers and responsibilities as detailed in Paragraphs 1 and 2 above and in Annex II, the Civil Administration in the Gaza Strip and the Jericho Area will be dissolved and the Israeli military government will be withdrawn. The withdrawal of the military government shall not prevent it from continuing to exercise the powers and responsibilities specified in this Agreement.
5. A Joint Civil Affairs Coordination and Cooperation Committee (hereinafter “the CAC”) and two Joint Regional Civil Affairs Subcommittees for the Gaza Strip and the Jericho Area respectively shall be established in order to provide for coordination and cooperation in civil affairs between the Palestinian Authority and Israel, as detailed in Annex II.
6. The offices of the Palestinian Authority shall be located in the Gaza Strip and the Jericho Area pending the inauguration of the Council to be elected pursuant to the Declaration of Principles.
ARTICLE IV
Structure and Composition of the Palestinian Authority
1. The Palestinian Authority will consist of one body of 24 members which shall carry out and be responsible for all the legislative and executive powers and responsibilities transferred to it under this Agreement, in accordance with this Article, and shall be responsible for the exercise of judicial functions in accordance with Article VI, subparagraph 1.b of this Agreement.
2. The Palestinian Authority shall administer the departments transferred to it and may establish, within its jurisdiction, other departments and subordinate administrative units as necessary for the fulfillment of its responsibilities. It shall determine its own internal procedures.
3. The PLO shall inform the Government of Israel of the names of the members of the Palestinian Authority and any change of members. Changes in the membership of the Palestinian Authority will take effect upon an exchange of letters between the PLO and the Government of Israel.
4. Each member of the Palestinian Authority shall enter into office upon undertaking to act in accordance with this Agreement.
ARTICLE V
Jurisdiction
1. The authority of the Palestinian Authority encompasses all matters that fall within its territorial, functional and personal jurisdiction, as follows:
a. The territorial jurisdiction covers the Gaza Strip and the Jericho Area territory, as defined in Article I, except for Settlements and the Military Installation Area.
Territorial jurisdiction shall include land, subcoil and territorial waters, in accordance with the provisions of this Agreement.
b. The functional jurisdiction encompasses all powers and responsibilities as specified in this Agreement. This jurisdiction does not include foreign relations, internal security and public order of Settlements and the Military Installation Area and Israelis, and external security.
c. The personal jurisdiction extends to all persons within the territorial jurisdiction referred to above, except for Israelis, unless otherwise provided in this Agreement.
2. The Palestinian Authority has, within its authority, legislative, executive and judicial powers and responsibilities, as provided for in this Agreement.
3. a. Israel has authority over the Settlements, the Military Installation Area, Israelis, external security, internal security and public order of Settlements, the Military Installation Area and Israelis, and those agreed powers and responsibilities specified in this Agreement.
a. Israel shall exercise its authority through its military government, which, for that end, shall continue to have the necessary legislative, judicial and executive powers and responsibilities, in accordance with international law. This provision shall not derogate from Israel's applicable legislation over Israelis in personam.
4. The exercise of authority with regard to the electromagnetic sphere and airspace shall be in accordance with the provisions of this Agreement.
5. The provisions of this Article are subject to the specific legal arrangements detailed in the Protocol Concerning Legal Matters attached as Annex III. Israel and the Palestinian Authority may negotiate further legal arrangements.
6. Israel and the Palestinian Authority shall cooperate on matters of legal assistance in criminal and civil matters through the legal subcommittee of the CAC.
ARTICLE VI
Powers and Responsibilities of the Palestinian Authority
1. Subject to the provisions of this Agreement, the Palestinian Authority, within its jurisdiction:
a. has legislative powers as set out in Article VII of this Agreement, as well as executive powers;
b. will administer justice through an independent judiciary;
c. will have,
inter alia,
power to formulate policies, supervise their implementation, employ staff, establish departments, authorities and institutions, sue and be sued and conclude contracts; and
inter alia,
power to formulate policies, supervise their implementation, employ staff, establish departments, authorities and institutions, sue and be sued and conclude contracts; and
d. will have,
inter alia,
the power to keep and administer registers and records of the population, and issue certificates, licenses and documents.
inter alia,
the power to keep and administer registers and records of the population, and issue certificates, licenses and documents.
2. a. In accordance with the Declaration of Principles, the Palestinian Authority will not have powers and responsibilities in the sphere of foreign relations, which sphere includes the establishment abroad of embassies, consulates or other types of foreign missions and posts or permitting their establishment in the Gaza Strip or the Jericho Area, the appointment of or admission of diplomatic and consular staff, and the exercise of diplomatic functions.
a. Notwithstanding the provisions of this paragraph, the PLO may conduct negotiations and sign agreements with states or international organizations for the benefit of the Palestinian Authority in the following cases only: (1) economic agreements, as specifically provided in Annex IV of this Agreement; (2) agreements with donor countries for the purpose of implementing arrangements for the provision of assistance to the Palestinian Authority; (3) agreements for the purpose of implementing the regional development plans detailed in Annex IV of the Declaration of Principles or in agreements entered into in the framework of the multilateral negotiations; and (4) cultural, scientific and educational agreements.
b. Dealings between the Palestinian Authority and representatives of foreign states and international organizations, as well as the establishment in the Gaza Strip and the Jericho Area of representative offices other than those described in subparagraph 2.a. above, for the purpose of implementing the agreements referred to in subparagraph 2.b. above, shall not be considered foreign relations.
ARTICLE VII
Legislative Powers of the Palestinian Authority
1. The Palestinian Authority will have the power, within its jurisdiction, to promulgate legislation, including basic laws, laws, regulations and other legislative acts.
2. Legislation promulgated by the Palestinian Authority shall be consistent with the provisions of this Agreement.
3. Legislation promulgated by the Palestinian Authority shall be communicated to a legislation subcommittee to be established by the CAC (hereinafter “the Legislation Subcommittee”). During a period of 30 days from the communication of the legislation, Israel may request that the Legislation Subcommittee decide whether such legislation exceeds the jurisdiction of the Palestinian Authority or is otherwise inconsistent with the provisions of this Agreement.
4. Upon receipt of the Israeli request, the Legislation Subcommittee shall decide, as an initial matter, on the entry into force of the legislation pending its decision on the merits of the matter.
5. If the Legislation Subcommittee is unable to reach a decision with regard to the entry into force of the legislation within 15 days, this issue will be referred to a Board of Review. This Board of Review shall be comprised of two judges, retired judges or senior jurists (hereinafter “Judges”), one from each side, to be appointed from a compiled list of three Judges proposed by each.
In order to expedite the proceedings before this board of review, the two most senior Judges, one from each side, shall develop written informal rules of procedure.
6. Legislation referred to the Board of Review shall enter into force only if the Board of Review decides that it does not deal with a security issue which falls under Israel's responsibility, that it does not seriously threaten other significant Israeli interests protected by this Agreement and that the entry into force of the legislation could not cause irreparable damage or harm.
7. The Legislation Subcommittee shall attempt to reach a decision on the merits of the matter within 30 days from the date of the Israeli request. If this Subcommittee is unable to reach such a decision within this period of 30 days, the matter shall be referred to the Joint Israeli-Palestinian Liaison Committee referred to in Article XV below (hereinafter “the Liaison Committee”). This Liaison Committee will deal with the matter immediately and will attempt to settle it within 30 days.
8. Where the legislation has not entered into force pursuant to paragraphs 5 or 7 above, this situation shall be maintained pending the decision of the Liaison Committee on the merits of the matter, unless it has decided otherwise.
9. Laws and military orders in effect in the Gaza Strip or the Jericho Area prior to the signing of this Agreement shall remain in force, unless amended or abrogated in accordance with this Agreement.
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