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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.
  5. Subject to the provisions of this Agreement, the Council shall,
    within its jurisdiction, have an independent judicial system composed
    of independent Palestinian courts and tribunals.

CHAPTER 2 – REDEPLOYMENT AND SECURITY
ARRANGEMENTS
ARTICLE X
Redeployment of Israeli Military Forces

  1. The first phase of the Israeli military forces redeployment will
    cover populated areas in the West Bank – cities, towns, villages,
    refugee camps and hamlets – as set out in Annex I, and will be
    completed prior to the eve of the Palestinian elections, i.e., 22
    days before the day of the elections.

  2. Further redeployments of Israeli military forces to specified
    military locations will commence after the inauguration of the
    Council and will be gradually implemented commensurate with the
    assumption of responsibility for public order and internal security
    by the Palestinian Police, to be completed within 18 months from the
    date of the inauguration of the Council as detailed in Articles XI
    (Land) and XIII (Security), below and in Annex I.

  3. The Palestinian Police shall be deployed and shall assume
    responsibility for public order and internal security for
    Palestinians in a phased manner in accordance with Article XIII
    (Security) below and Annex I.

  4. Israel shall continue to carry the responsibility for external
    security, as well as the responsibility for overall security of
    Israelis for the purpose of safeguarding their internal security and
    public order.

  5. For the purpose of this Agreement, “Israeli military forces”
    includes Israel Police and other Israeli security forces.

ARTICLE XI
Land

  1. The two sides view the West Bank and the Gaza Strip as a single
    territorial unit, the integrity and status of which will be preserved
    during the interim period.

  2. The two sides agree that West Bank and Gaza Strip territory, except for
    issues that will be negotiated in the permanent status negotiations, will come
    under the jurisdiction of the Palestinian Council in a phased manner, to be
    completed within 18 months from the date of the inauguration of the Council, as
    specified below:

    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.
  3. 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.
  3. 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.
  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:

    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.
  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
    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.

  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

-- Reacties gesloten.