Untitled Document

 

 

From Oslo to Wye

The Israeli-Palestinian Interim Agreement On The West Bank And The Gaza Strip

Washington, D.C. September 28, 1995

See entire document at The Israel Foreign Ministry
http://www.israel-mfa.gov.il/peace/interim.html

Selected Excerpts for Comparison

CHAPTER 1 - THE COUNCIL

ARTICLE I

Transfer of Authority

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 III

Structure of the Palestinian Council

Source of authority for dispute over use of Orient House and the PA's preventive security operating in E. Jerusalem

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.

ARTICLE V

The Executive Authority of the Council

The date slated for completion of Final Status arrangements will also mark the end of the Council's term - at some point a new legal status will need to be legislated for that date and presumably new elections held after that date.

4.
d. Non-elected members of the Executive Authority must have a valid address in an area under the jurisdiction of the Council.

ARTICLE IX

Powers and Responsibilities of the Council

Elected members may come from E. Jerusalem and area C?

5.
a.In accordance with the DOP, the Council will not have powers and responsibilities in the sphere of foreign relations, which sphere includes the establishment abroad of embassies, consulates or other types of foreign missions and posts or permitting their establishment in the West Bank or the Gaza Strip, the appointment of or admission of diplomatic and consular staff, and the exercise of diplomatic functions.

b.Notwithstanding the provisions of this paragraph, the PLO may conduct negotiations and sign agreements with states or international organizations for the benefit of the Council in the following cases only:

1.economic agreements, as specifically provided in Annex V of this Agreement;
2.agreements with donor countries for the purpose of implementing arrangements for the provision of assistance to the Council;
3.agreements for the purpose of implementing the regional development plans detailed in Annex IV of the DOP or in agreements entered into in the framework of the multilateral negotiations; and

4.cultural, scientific and educational agreements.

c.Dealings between the Council and representatives of foreign states and international organizations, as well as the establishment in the West Bank and the Gaza Strip of representative offices other than those described in subparagraph 5.a above, for the purpose of implementing the agreements referred to in subparagraph 5.b above, shall not be considered foreign relations.

The PLO had to close its foreign missions

CHAPTER 2 - REDEPLOYMENT AND SECURITY ARRANGEMENTS

 

ARTICLE X

Redeployment of Israeli Military Forces

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.

 

ARTICLE XI

Land

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:

ARTICLE XII

Arrangements for Security and Public Order

Running very late!!!

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. control at crossing points: does this imply all ports of entry (airport, future seaport?)

What powers were understood by each side?

ARTICLE XIV

The Palestinian Police

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

The PA runs other security (armed) forces
Who is supposed to ensure this and how?
This provision exists; where else is it repeated?
Who is supposed to ensure this and how?
Who is to monitor compliance and what sanctions are available?
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.

CHAPTER 4 - COOPERATION

ARTICLE XXII

Relations between Israel and the Council

This provision exists; where else is it repeated and why?
Who is supposed to ensure this and how?
Who monitors this and what sanctions are available?

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.

This provision exists; where else does it appear and why?
Who is supposed to ensure this and how?
Who monitors this and what sanctions are provided for non-compliance?
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.

ARTICLE XXVI

The Joint Israeli-Palestinian Liaison Committee

Very specific provision - does it exist elsewhere?
Who is supposed to ensure this and how?
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: ... By what mode of operation has this been superceded and why?

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 XXXI

Final Clauses

Were these implemented or not, and why?
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.

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.

What provisions were made for the respect of deadlines?
How do international agreements normally provide for justified and unjustified default of timeline?
What needs to happen in order to enable an agreement which covers the "hottest" issues?

To what does this refer as interpreted by each side? Has it been respected?
Does this provision exist elsewhere?

 


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