• Donderdag, 20 Juni 2019
  • 17 Sivan, 5779

Likoed Nederland

The Israeli-Palestinian interim agreement – Oslo II

Maandag, November 22, 2010 / Last Modified: Zaterdag, Januari 7, 2012

The Israeli-Palestinian interim agreement on the Westbank and the Gaza Strip
(Oslo II)

Washington, D.C. September 28, 1995

The Government of the State of Israel and the Palestine Liberation
Organization (hereinafter “the PLO”), the representative of the
Palestinian people;

PREAMBLE

WITHIN the framework of the Middle East peace process initiated
at
Madrid in October 1991;

REAFFIRMING their determination to put an end to decades of
confrontation and to live in peaceful coexistence, mutual dignity and
security, while recognizing their mutual legitimate and political
rights;

REAFFIRMING their desire to achieve a just, lasting and
comprehensive
peace settlement and historic reconciliation through the agreed
political process;

RECOGNIZING that the peace process and the new era that it has
created, as well as the new relationship established between the two
Parties as described above, are irreversible, and the determination
of the two Parties to maintain, sustain and continue the peace
process;

RECOGNIZING that the aim of the Israeli-Palestinian
negotiations
within the current Middle East peace process is, among other things,
to establish a Palestinian Interim Self-Government Authority, i.e.
the elected Council (hereinafter “the Council” or “the Palestinian
Council”), and the elected Ra’ees of the Executive Authority, for the
Palestinian people in the West Bank and the Gaza Strip, for a
transitional period not exceeding five years from the date of signing
the Agreement on the Gaza Strip and the Jericho Area (hereinafter
“the Gaza-Jericho Agreement”) on May 4, 1994, leading to a permanent
settlement based on Security Council Resolutions 242 and 338;

REAFFIRMING their understanding that the interim
self-government
arrangements contained in this Agreement are an integral part of the
whole peace process, that the negotiations on the permanent status,
that will start as soon as possible but not later than May 4, 1996,
will lead to the implementation of Security Council Resolutions 242
and 338, and that the Interim Agreement shall settle all the issues
of the interim period and that no such issues will be deferred to the
agenda of the permanent status negotiations;

REAFFIRMING their adherence to the mutual recognition and
commitments
expressed in the letters dated September 9, 1993, signed by and
exchanged between the Prime Minister of Israel and the Chairman of
the PLO;

DESIROUS of putting into effect the Declaration of Principles
on
Interim Self-Government Arrangements signed at Washington, DC on
September 13, 1993, and the Agreed Minutes thereto (hereinafter “the
DOP”) and in particular Article III and Annex I concerning the
holding of direct, free and general political elections for the
Council and the Ra’ees of the Executive Authority in order that the
Palestinian people in the West Bank, Jerusalem and the Gaza Strip may
democratically elect accountable representatives;

RECOGNIZING that these elections will constitute a significant
interim preparatory step toward the realization of the legitimate
rights of the Palestinian people and their just requirements and will
provide a democratic basis for the establishment of Palestinian
institutions;

REAFFIRMING their mutual commitment to act, in accordance with
this
Agreement, immediately, efficiently and effectively against acts or
threats of terrorism, violence or incitement, whether committed by
Palestinians or Israelis;

FOLLOWING the Gaza-Jericho Agreement; the Agreement on
Preparatory
Transfer of Powers and Responsibilities signed at Erez on August 29,
1994 (hereinafter “the Preparatory Transfer Agreement”); and the
Protocol on Further Transfer of Powers and Responsibilities signed at
Cairo on August 27, 1995 (hereinafter “the Further Transfer
Protocol”); which three agreements will be superseded by this
Agreement;

HEREBY AGREE as follows:

CHAPTER 1 – THE COUNCIL
ARTICLE I
Transfer of Authority

  1. Israel shall transfer powers and responsibilities as specified in
    this Agreement from the Israeli military government and its Civil
    Administration to the Council in accordance with this Agreement.
    Israel shall continue to exercise powers and responsibilities not so
    transfer.
  2. Pending the inauguration of the Council, the powers and
    responsibilities transferred to the Council shall be exercised by the
    Palestinian Authority established in accordance with the Gaza-Jericho
    Agreement, which shall also have all the rights, liabilities and obligations to
    be assumed by the Council in this regard. Accordingly, the term
    “Council” throughout this Agreement shall, pending the inauguration
    of the Council, be construed as meaning the Palestinian Authority.
  3. The transfer of powers and responsibilities to the police force
    established by the Palestinian Council in accordance with Article XIV
    below (hereinafter “the Palestinian Police”) shall be accomplished in a phased
    manner, as detailed in this Agreement and in the Protocol concerning
    Redeployment and Security Arrangements attached as Annex I to this
    Agreement (hereinafter “Annex I”).
  4. As regards the transfer and assumption of authority in civil
    spheres, powers and responsibilities shall be transferred and assumed
    as set out in the Protocol Concerning Civil Affairs attached as Annex
    III to this Agreement (hereinafter “Annex III”).
  5. After the inauguration of the Council, the Civil Administration in
    the West Bank will be dissolved, and the Israeli military government
    shall be withdrawn. The withdrawal of the military government shall
    not prevent it from exercising the powers and responsibilities not
    transferred to the Council.
  6. A Joint Civil Affairs Coordination and Cooperation Committee
    (hereinafter “the CAC”), Joint Regional Civil Affairs Subcommittees,
    one for the Gaza Strip and the other for the West Bank, and District
    Civil Liaison Offices in the West Bank shall be established in order
    to provide for coordination and cooperation in civil affairs between
    the Council and Israel, as detailed in Annex III.
  7. The offices of the Council, and the offices of its Ra’ees and its
    Executive Authority and other committees, shall be located in areas
    under Palestinian territorial jurisdiction in the West Bank and the
    Gaza Strip.

ARTICLE II
Elections

  1. In order that the Palestinian people of the West Bank and the Gaza
    Strip may govern themselves according to democratic principles,
    direct, free and general political elections will be held for the
    Council and the Ra’ees of the Executive Authority of the Council in
    accordance with the provisions set out in the Protocol concerning
    Elections attached as Annex II to this Agreement (hereinafter “Annex
    II”).
  2. These elections will constitute a significant interim preparatory
    step towards the realization of the legitimate rights of the
    Palestinian people and their just requirements and will provide a
    democratic basis for the establishment of Palestinian institutions.
  3. Palestinians of Jerusalem who live there may participate in the
    election process in accordance with the provisions contained in this
    Article and in Article VI of Annex II (Election Arrangements
    concerning Jerusalem).
  4. The elections shall be called by the Chairman of the Palestinian
    Authority immediately following the signing of this Agreement to take
    place at the earliest practicable date following the redeployment of
    Israeli forces in accordance with Annex I, and consistent with the
    requirements of the election timetable as provided in Annex II, the Election
    Law and the Election Regulations, as defined in Article I of Annex
    II.

ARTICLE III
Structure of the Palestinian Council

  1. The Palestinian Council and the Ra’ees of the Executive Authority
    of the Council constitute the Palestinian Interim Self-Government
    Authority, which will be elected by the Palestinian people of the
    West Bank, Jerusalem and the Gaza Strip for the transitional period
    agreed in Article I of the DOP.
  2. The Council shall possess both legislative power and executive
    power, in accordance with Articles VII and IX of the DOP. The Council
    shall carry out and be responsible for all the legislative and
    executive powers and responsibilities transferred to it under this
    Agreement. The exercise of legislative powers shall be in accordance
    with Article XVIII of this Agreement (Legislative Powers of the
    Council).
  3. The Council and the Ra’ees of the Executive Authority of the
    Council shall be directly and simultaneously elected by the
    Palestinian people of the West Bank, Jerusalem and the Gaza Strip, in
    accordance with the provisions of this Agreement and the Election Law
    and Regulations, which shall not be contrary to the provisions of
    this Agreement.
  4. The Council and the Ra’ees of the Executive Authority of the
    Council shall be elected for a transitional period not exceeding five
    years from the signing of the Gaza-Jericho Agreement on May 4, 1994.
  5. Immediately upon its inauguration, the Council will elect from
    among its members a Speaker. The Speaker will preside over the
    meetings of the Council, administer the Council and its committees,
    decide on the agenda of each meeting, and lay before the Council
    proposals for voting and declare their results.
  6. The jurisdiction of the Council shall be as determined in Article
    XVII of this Agreement (Jurisdiction).
  7. The organization, structure and functioning of the Council shall
    be in accordance with this Agreement and the Basic Law for the
    Palestinian Interim Self- Government Authority, which Law shall be
    adopted by the Council. The Basic Law and any regulations made under it shall
    not be contrary to the provisions of this Agreement.
  8. The Council shall be responsible under its executive powers for
    the offices, services and departments transferred to it and may
    establish, within its jurisdiction, ministries and subordinate
    bodies, as necessary for the fulfillment of its responsibilities.
  9. The Speaker will present for the Council’s approval proposed
    internal procedures that will regulate, among other things, the
    decision-making processes of the Council.

ARTICLE IV
Size of the Council

The Palestinian Council shall be composed of 82 representatives and
the Ra’ees of the Executive Authority, who will be directly and
simultaneously elected by the Palestinian people of the West Bank,
Jerusalem and the Gaza Strip.

ARTICLE V
The Executive Authority of the Council

  1. The Council will have a committee that will exercise the executive
    authority of the Council, formed in accordance with paragraph 4 below
    (hereinafter “the Executive Authority”).
  2. The Executive Authority shall be bestowed with the executive
    authority of the Council and will exercise it on behalf of the
    Council. It shall determine its own internal procedures and decision
    making processes.
  3. The Council will publish the names of the members of the Executive
    Authority immediately upon their initial appointment and subsequent
    to any changes.
    1. The Ra’ees of the Executive Authority shall be an ex officio
      member of the Executive Authority.
    2. 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.
    3. 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.
    4. 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.
    1. 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.
    2. 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.
    3. 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.
  • 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:
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
      6. 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.
  • For the purpose of this Agreement and until the completion of the
    first phase of the further redeployments:
    1. “Area A” means the populated areas delineated by a red line and
      shaded in brown on attached map No. 1;
    2. “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
    3. “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.
      1. 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.
      2. 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:
      1. issues that will be negotiated in the permanent status
        negotiations: Jerusalem, settlements, specified military locations,
        Palestinian refugees, borders, foreign relations and Israelis; and
      2. 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
      1. 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.

      2. 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.
      3. The territorial and functional jurisdiction of the Council will
        apply to all persons, except for Israelis, unless otherwise provided
        in this Agreement.
      4. Notwithstanding subparagraph a. above, the Council shall have
        functional jurisdiction in Area C, as detailed in Article IV of Annex
        III.
  • The Council has, within its authority, legislative, executive and
    judicial powers and responsibilities, as provided for in this
    Agreement.
    1. 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.
    2. 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.
  • The exercise of authority with regard to the electromagnetic
    sphere and air space shall be in accordance with the provisions of
    this Agreement.
  • 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.
  • 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.
  • 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:
      1. the power to initiate legislation or to present proposed
        legislation to the Council;
      2. the power to promulgate legislation adopted by the Council; and
      3. 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.
      1. 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.
      2. 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

      1. 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.
      2. Any financial claim made in this regard against Israel will be
        referred to the Council.
      3. 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.
      4. 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.
      5. 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.
      6. 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.
    1. 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.
    2. 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.
    3. 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.
  • 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.
  • The Council, upon its inauguration, will assume all the rights,
    liabilities and obligations of the Palestinian Authority.
  • 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:
      1. 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.
      2. 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.
      3. The Monitoring and Steering Committee will be composed of the
        heads of the various committees mentioned above.
      4. 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.
      1. The Preamble to this Agreement, and all Annexes, Appendices
        and maps attached hereto, shall constitute an integral part hereof.
      2. The Parties agree that the maps attached to the Gaza-Jericho
        Agreement as:
        1. map No. 1 (The Gaza Strip), an exact copy of which is attached
          to this Agreement as map No. 2;
        2. 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; and
        3. 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.

  • 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

    -- Reacties gesloten.