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Agreement on the Gaza Strip and the Jericho Area (4 May 1994)

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aliasesGaza-Jericho Agreement, Cairo Agreement

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Summary

The Agreement on the Gaza Strip and the Jericho Area, done in Cairo on 4 May 1994 between the Government of the State of Israel and the PLO: it puts into effect the Declaration of Principles on Interim Self-Government Arrangements for those two areas by requiring Israel’s accelerated withdrawal within three weeks, redeploying its remaining forces to the Settlements and the Military Installation Area, establishing the Palestinian Authority as a single 24-member body holding the legislative, executive and judicial powers transferred to it — excluding foreign relations, external security and internal security and public order of Settlements, the Military Installation Area and Israelis, which Israel retains through its military government — creating the Palestinian Police as the only Palestinian armed force, attaching the Paris Protocol as Annex IV, providing a 400-person Temporary International Presence for six months, requiring the release or transfer of about 5,000 Palestinian detainees and prisoners within five weeks, transferring pre-transfer financial liability to the Palestinian Authority, and starting the five-year interim period on the signing date, while the West Bank and Gaza Strip remain a single territorial unit and the status of the Gaza Strip and Jericho Area is unchanged (Agreement on the Gaza Strip and the Jericho Area (4 May 1994), PDF p.1-2, 10-12).

What the file is

The Agreement as reproduced from the Knesset text, on 12 PDF pages, about 4,396 words in the text copy: preamble (PDF p.1), Articles I-XXIII (PDF p.1-12) and the closing lines (PDF p.12). The closing gives the parties and witness states only — “For the Government of the State of Israel:”, “For the PLO:”, witnessed by the United States of America, the Russian Federation and the Arab Republic of Egypt — with no individual names printed, in either the text copy or the original. The final line gives the source as the Knesset website. Article XXIII(8) states that the Preamble, all Annexes, Appendices and maps are an integral part of the Agreement, but Annex I (withdrawal and security), Annex II (civil affairs), Annex III (legal matters), Annex IV (the Protocol on Economic Relations and its Appendices) and maps No. 1 and No. 2 are not reproduced in the file; operative detail repeatedly referred to those annexes is therefore not in the file. The text copy is clean and matches the original on the pages spot-checked (PDF p.10-12).

Section by section

  • Preamble (PDF p.1). Within the Madrid peace process framework (October 1991); mutual legitimate and political rights; adherence to the mutual recognition and commitments in the letters dated September 9, 1993, exchanged between the Prime Minister of Israel and the Chairman of the PLO; the interim arrangements are an integral part of the whole peace process and permanent status negotiations will lead to implementation of Security Council Resolutions 242 and 338; the purpose is putting into effect the Declaration of Principles signed at Washington, D.C. on September 13, 1993, in particular its Protocol on withdrawal from the Gaza Strip and the Jericho Area.
  • Article I, Definitions (PDF p.1-2). The two areas are delineated on maps No. 1 and No. 2; “the Settlements” means the Gush Katif and Erez settlement areas and the other settlements in the Gaza Strip shown on map No. 1; “the Military Installation Area” is the Israeli military installation area along the Egyptian border in the Gaza Strip; “Israelis” also includes Israeli statutory agencies and corporations registered in Israel.
  • Article II, Scheduled Withdrawal (PDF p.2). Israel shall implement an accelerated and scheduled withdrawal beginning immediately with signing and complete it within three weeks; it includes evacuating all military bases and fixed installations to be handed over to the Palestinian Police under Annex I. Concurrently Israel redeploys its remaining forces to the Settlements and the Military Installation Area for its retained external security and internal security and public order responsibilities; that redeployment constitutes full implementation of Article XIII of the Declaration of Principles for the Gaza Strip and Jericho Area only. “Israeli military forces” may include police and other security forces. Israelis may use roads freely in both areas; Palestinians may use public roads crossing the Settlements freely, as provided in Annex I. The Palestinian Police deploy and assume responsibility for public order and internal security of Palestinians.
  • Article III, Transfer of Authority (PDF p.2-3). Israel transfers authority as specified from its military government and Civil Administration to the Palestinian Authority, hereby established, except the authority it continues to exercise; civil transfer follows Annex II. On completion, the Civil Administration is dissolved and the military government withdrawn, without preventing it from continuing to exercise the powers specified in the Agreement. A Joint Civil Affairs Coordination and Cooperation Committee (CAC) and two Joint Regional Civil Affairs Subcommittees are established. The Authority’s offices are in the Gaza Strip and Jericho Area pending inauguration of the elected Council.
  • Article IV, Structure and Composition of the Palestinian Authority (PDF p.3). One body of 24 members, responsible for all legislative and executive powers transferred and for the exercise of judicial functions under Article VI(1)(b); it administers the transferred departments and may establish others, and determines its own procedures. The PLO informs Israel of members’ names; changes take effect on an exchange of letters between the PLO and the Government of Israel. Members enter office on undertaking to act in accordance with the Agreement.
  • Article V, Jurisdiction (PDF p.3-4). Territorial jurisdiction covers the Gaza Strip and Jericho Area except Settlements and the Military Installation Area, including land, subsoil and territorial waters. Functional jurisdiction excludes foreign relations, internal security and public order of Settlements, the Military Installation Area and Israelis, and external security. Personal jurisdiction extends to all persons in the territory except Israelis, unless otherwise provided. Israel has authority over the Settlements, the Military Installation Area, Israelis, external security and the excepted internal security matters, exercising it through its military government in accordance with international law, without derogating from Israel’s legislation over Israelis in personam. Electromagnetic sphere and airspace follow the Agreement. Legal arrangements are detailed in Annex III, with legal assistance cooperation through the CAC legal subcommittee.
  • Article VI, Powers and Responsibilities (PDF p.4-5). The Authority has legislative powers under Article VII and executive powers, administers justice through an independent judiciary, may formulate and supervise policies, employ staff, establish departments and institutions, sue and be sued, conclude contracts, keep population registers and records, and issue certificates, licenses and documents. It has no foreign relations powers (embassies, consulates, diplomatic staff and functions are named). The PLO may instead negotiate and sign, for the Authority’s benefit, only economic agreements under Annex IV, donor assistance agreements, regional development plan agreements, and cultural, scientific and educational agreements; dealings and representative offices for implementing those are not foreign relations.
  • Article VII, Legislative Powers (PDF p.5-6). The Authority may promulgate legislation including basic laws, consistent with the Agreement, communicated to the CAC Legislation Subcommittee. Israel may, within 30 days, request a decision whether legislation exceeds the Authority’s jurisdiction or is inconsistent with the Agreement. The Subcommittee decides entry into force first; if it cannot decide within 15 days, a board of review of two Judges (one from each side, from lists of three proposed by each) decides, and legislation referred there enters into force only if the board decides it does not deal with a security issue under Israel’s responsibility, does not seriously threaten other significant Israeli interests protected by the Agreement, and could not cause irreparable damage or harm. Merits are attempted by the Subcommittee within 30 days, then by the Liaison Committee within a further 30 days; legislation not in force stays out pending that decision unless the Committee decides otherwise. Prior laws and military orders remain in force unless amended or abrogated in accordance with the Agreement.
  • Article VIII, Security and Public Order (PDF p.6-7). The Authority establishes a strong police force; Israel continues responsibility for defense against external threats — including the Egyptian border, the Jordanian line, and threats from sea and air — and for overall security of Israelis and Settlements, with all powers necessary to meet it. Annex I specifies arrangements. A Joint Security Coordination and Cooperation Committee (JSC) and three District Coordination and Cooperation Offices (Gaza, Khan Yunis and Jericho districts) are established. Arrangements may be reviewed and amended by mutual agreement.
  • Article IX, Palestinian Directorate of Police Force (PDF p.7). The Palestinian Police’s duties, structure, deployment, composition, equipment and operation are set out in Annex I, Article III, and its rules of conduct in Annex I, Article VIII; no strength figure is given in the main text. No other armed forces may be established or operate in the two areas, and, except for the Police’s and Israeli forces’ arms as described in Annex I, no organization or individual may manufacture, sell, acquire, possess or import firearms, ammunition, weapons, explosives, gunpowder or related equipment unless Annex I provides otherwise.
  • Articles X-XI, Passages and Safe Passage (PDF p.7). Coordination for the Gaza-Egypt and Jericho-Jordan passages and other agreed international crossings is set out in Annex I, Article X; safe passage of persons and transportation between the Gaza Strip and the Jericho Area is set out in Annex I, Article IX.
  • Article XII, Relations (PDF p.8). Both sides foster mutual understanding and tolerance, abstain from incitement including hostile propaganda, and, without derogating from freedom of expression, take legal measures to prevent incitement within their jurisdiction; they cooperate against criminal activity affecting both sides, including drug trafficking, smuggling and property and vehicle offenses.
  • Article XIII, Economic Relations (PDF p.8). Economic relations are set out in the Protocol on Economic Relations signed in Paris on April 29, 1994, with its Appendices, certified copies attached as Annex IV.
  • Article XIV, Human Rights and the Rule of Law (PDF p.8). Both sides exercise their powers under the Agreement with due regard to internationally-accepted norms and principles of human rights and the rule of law.
  • Article XV, Liaison Committee (PDF p.8). The Committee established under Article X of the Declaration of Principles ensures smooth implementation and handles coordination, common interest issues and disputes; equal membership, decisions by agreement.
  • Article XVI, Liaison and Cooperation with Jordan and Egypt (PDF p.8-9). Under Article XII of the Declaration of Principles, Jordan and Egypt are invited to join further liaison arrangements including a Continuing Committee, which shall decide by agreement on the modalities of admission of persons displaced from the West Bank and the Gaza Strip in 1967, with measures to prevent disruption and disorder, and deal with other matters of common concern.
  • Article XVII, Settlement of Differences and Disputes (PDF p.9). Differences go first to the appropriate coordination mechanism; Article XV of the Declaration of Principles then applies: negotiation through the Liaison Committee, then an agreed conciliation mechanism, then, by agreement of both parties, arbitration through an Arbitration Committee.
  • Article XVIII, Prevention of Hostile Acts (PDF p.9). Both sides take all measures necessary to prevent acts of terrorism, crime and hostilities against each other, against individuals under the other’s authority and against their property, and take legal measures against offenders; the Palestinian side also acts against hostile acts directed against the Settlements, their infrastructure and the Military Installation Area, and the Israeli side against hostile acts emanating from the Settlements and directed against Palestinians.
  • Article XIX, Missing Persons (PDF p.10). Mutual cooperation: the Authority assists Israeli searches in the two areas for missing Israelis and provides information; Israel cooperates in searching for and providing information about missing Palestinians.
  • Article XX, Confidence Building Measures (PDF p.10). Israel will, upon signing, release or turn over to the Palestinian Authority within 5 weeks about 5,000 Palestinian detainees and prisoners resident in the West Bank and Gaza Strip; those released may return home anywhere in the West Bank or Gaza Strip, while those turned over must remain in the Gaza Strip or Jericho Area for the remainder of their sentence. The parties will continue negotiating further releases. Implementation follows procedures determined by Israeli law. The Palestinian side commits to solving the problem of Palestinians who were in contact with the Israeli authorities and, until an agreed solution, undertakes not to prosecute or harm them. Palestinians from abroad admitted under the Agreement will not be prosecuted for offenses committed prior to September 13, 1993.
  • Article XXI, Temporary International Presence (PDF p.10-11). A temporary international or foreign presence (TIP) of 400 qualified personnel, including observers, instructors and other experts, from 5 or 6 donor countries, financed by a special donor fund, functioning for 6 months and extendable or changeable in scope only by agreement of both parties, stationed in Gaza, Khan Yunis, Rafah, Deir El Ballah (as printed), Jabaliya, Absan, Beit Hanun and Jericho; a special Protocol is to be agreed, aiming to conclude donor negotiations within two months.
  • Article XXII, Rights, Liabilities and Obligations (PDF p.11-12). Transfer under Annex II includes related rights, liabilities and obligations for acts or omissions before the transfer; Israel ceases to bear financial responsibility for them and the Authority bears all financial responsibility for them and for its own functioning. Claims against Israel in this regard are referred to the Authority; Israel provides its information on pending and anticipated claims, notifies the Authority of proceedings and enables it to participate in the defense; an award against Israel is reimbursed in full by the Authority, except where liability rests solely with an employee or agent who acted beyond the powers assigned, unlawfully or with willful malfeasance (as printed). Transfer in itself does not affect the rights, liabilities and obligations of any person or legal entity existing at signing.
  • Article XXIII, Final Clauses (PDF p.12). The Agreement enters into force on signing; its arrangements remain in force until and to the extent superseded by the Interim Agreement referred to in the Declaration of Principles or any other agreement. The five-year interim period commences on the signing date. The security fence around the Gaza Strip remains in place while the Agreement is in force, and its line on map No. 1 is authoritative only for the purpose of this Agreement. Nothing prejudices or preempts the interim or permanent status negotiations, and neither party is deemed to have renounced or waived any existing rights, claims or positions. The West Bank and Gaza Strip are a single territorial unit whose integrity will be preserved during the interim period; the Gaza Strip and Jericho Area continue to be an integral part of them and their status is not changed for the period of the Agreement. The Preamble, Annexes, Appendices and maps are an integral part.

Key passages

  • “Israel shall implement an accelerated and scheduled withdrawal of Israeli military forces from the Gaza Strip and from the Jericho Area to begin immediately with the signing of this Agreement” (PDF p.2).
  • “The Palestinian Authority will consist of one body of 24 members” (PDF p.3).
  • “Israel will cease to bear any financial responsibility regarding such acts or omissions and the Palestinian Authority will bear all financial responsibility for these and for its own functioning” (PDF p.11).
  • “The five-year interim period referred to in the Declaration of Principles commences on the date of the signing of this Agreement” (PDF p.12).
  • “The two Parties view the West Bank and the Gaza Strip as a single territorial unit, the integrity of which will be preserved during the interim period” (PDF p.12).

Evidence the work relies on

The Agreement is a primary treaty text. It relies on, and incorporates by reference, the instruments it names: the Madrid framework; the mutual recognition letters dated September 9, 1993 (PDF p.1); the Declaration of Principles and its Agreed Minutes, including its Articles X, XII, XIII and XV and Annex IV (PDF p.1-2, 5, 8-9); Security Council Resolutions 242 and 338 (PDF p.1); the Protocol on Economic Relations signed in Paris on April 29, 1994 (PDF p.8); and its own Annexes I-IV and maps No. 1 and No. 2, none of which is reproduced in the file.

Analysis

The text is operative drafting, not narrative: most substantive detail is delegated to the four annexes, so the main text establishes institutions, exclusions and timetables while leaving security, civil, legal and economic content to documents the file does not contain. Its structure is asymmetrical on its own terms: the Authority’s territorial, functional and personal jurisdiction is defined by the three exceptions in Article V, its legislation is subject to the Article VII review sequence in which entry into force can be held pending Israeli-initiated review, Israel’s retained authority is exercised through the military government whose withdrawal Article III provides for, and pre-transfer financial liability is transferred wholesale to the Authority in Article XXII subject to the single employee-or-agent exception. The confidence-building and presence provisions (Articles XX-XXI) are the only articles with figures, and both are qualified — about 5,000 prisoners, subject to Israeli legal procedures; a TIP whose implementation Protocol was still to be negotiated.

People, organizations, places and events

Gaza-Jericho Agreement, Palestinian Authority, Palestinian Police, Palestine Liberation Organization, Declaration of Principles on Interim Self-Government Arrangements, Paris Protocol, Interim Agreement, Gaza, Israel

Concepts

Oslo Accords

How it relates to other sources

Open questions

  • Annexes I, II, III and IV, their Appendices, and maps No. 1 and No. 2 are an integral part of the Agreement under Article XXIII(8) but are not reproduced in the file; the Palestinian Police’s strength, deployment and equipment terms, the civil transfer lists, the legal arrangements, the passages and safe-passage arrangements, and the delineation of the Gaza Strip, Jericho Area, Settlements and Military Installation Area all rest on those missing parts. The up-to-9,000 police figure on Gaza-Jericho Agreement comes from the United Nations study, not from this file.
  • No individual signatories are named in the file’s closing lines; the identification of Rabin and Arafat as the Cairo signatories rests on the United Nations study’s account, not on this file.
  • The preamble dates the mutual recognition letters to September 9, 1993; the Declaration of Principles page’s file does not include those letters, and Part V dates the exchange to 10 September 1993 — both dates are held as their sources give them, not reconciled.
  • Whether the Article XX releases, the Article XXI TIP and the Article XVI Continuing Committee were carried out as written is not stated in the file.

Coverage

PDF p.1-12 of 12, read in full

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