Read Palestine

Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip (28 September 1995)

Properties2
tags
aliasesInterim Agreement, Oslo II

29 min read

Summary

The Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, done at Washington, D.C. on 28 September 1995 between the Government of the State of Israel and the PLO, superseding the Gaza-Jericho Agreement, the Preparatory Transfer Agreement and the Further Transfer Protocol: it establishes the elected Palestinian Council of 82 representatives plus the Ra’ees as, with the Ra’ees, the Palestinian Interim Self-Government Authority for a transitional period not exceeding five years from 4 May 1994, transfers powers from the Israeli military government and Civil Administration while Israel retains all powers not transferred, divides West Bank territory for the first phase into Area A, Area B and Area C with further redeployments in three phases completed within 18 months of the Council’s inauguration, caps the Palestinian Police at 30,000 (12,000 in the West Bank, 18,000 in the Gaza Strip) with specified arms limits, excepts Jerusalem, settlements, specified military locations, Palestinian refugees, borders, foreign relations and Israelis from the Council’s jurisdiction, and, in Annex I as read so far, sets out the JSC/RSC/DCO coordination system, Hebron’s H-1/H-2 division with a Temporary International Presence, the Allenby and Rafah passage arrangements and a daylight Safe passage route between the West Bank and the Gaza Strip (Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip (28 September 1995), PDF p.1-52).

What the file is

The Agreement as reproduced in English, on 188 PDF pages, about 67,373 words in the text copy: Preamble and main Articles I-XXXI (PDF p.1-22), Annex I (from PDF p.22), Annexes II-VII following. The text copy supplied carries a === PDF p.N === marker for every page and is generally clean; checked against the original, a stray character (U+05F0) precedes the word engagement in Annex I, Article XI(3)(a) at PDF p.50 in both the text copy and the original as extracted, and Annex I, Article V(2)(a) at PDF p.32 reads “forces it each district” as printed in the original. Maps Nos. 1-9 and the Appendices to the Annexes are referred to throughout but their content is carried in the maps/appendices themselves, not in the body text read so far. This part reads PDF p.1-52 only: the whole main Agreement and Annex I, Articles I-XI and the opening of Article XII; Annex I continues beyond PDF p.52.

Section by section

  • Preamble (PDF p.1-2). Madrid framework (October 1991); mutual legitimate and political rights; the process and new relationship are irreversible; the aim includes the elected Council and Ra’ees for a transitional period not exceeding five years from 4 May 1994, leading to a permanent settlement based on Security Council Resolutions 242 and 338; permanent status negotiations to start not later than 4 May 1996; the Interim Agreement settles all interim issues, none deferred; adherence to the 9 September 1993 mutual recognition letters; putting into effect the DOP, in particular elections; mutual commitment against terrorism, violence and incitement; the three agreements it supersedes are named.
  • Article I, Transfer of Authority (PDF p.2-3). Israel transfers specified powers from the military government and Civil Administration to the Council and retains the rest; pending inauguration “Council” means the Palestinian Authority; police transfer phased per Annex I, civil transfer per Annex III; after inauguration the West Bank Civil Administration is dissolved and the military government withdrawn without losing untransferred powers; a CAC, regional civil subcommittees and District Civil Liaison Offices are established; Council offices are located in areas under Palestinian territorial jurisdiction.
  • Article II, Elections (PDF p.3-4). “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 elections for the Council and the Ra’ees per Annex II; Jerusalem Palestinians who live there may participate per Article VI of Annex II; elections called by the Chairman of the Palestinian Authority immediately after signing, at the earliest practicable date after redeployment.
  • Article III, Structure of the Palestinian Council (PDF p.4-5). Council and Ra’ees constitute the Palestinian Interim Self-Government Authority; the Council holds legislative and executive power; both directly and simultaneously elected for a term not exceeding five years from 4 May 1994; the Council elects a Speaker on inauguration; organization under the Basic Law, which shall not be contrary to this Agreement; the Council may establish ministries and subordinate bodies.
  • Article IV, Size of the Council (PDF p.5). 82 representatives and the Ra’ees.
  • Article V, The Executive Authority (PDF p.5). A Council committee exercising executive authority on the Council’s behalf; the Ra’ees is ex officio member, other members are Council members proposed by the Ra’ees and approved by the Council, except up to twenty percent appointed from outside the Council, who may not vote in the Council and must have an address under Council jurisdiction.
  • Article VI, Other Committees (PDF p.6). The Council may form small committees to simplify proceedings and control the Executive Authority.
  • Article VII, Open Government (PDF p.6). Council and committee meetings (except the Executive Authority) open to the public except on security, commercial or personal confidentiality grounds; participation limited to members, experts ad hoc.
  • Article VIII, Judicial Review (PDF p.6). Persons affected by a Ra’ees or Executive Authority act believed to exceed authority or be incorrect in law or procedure may apply to the relevant Palestinian Court of Justice.
  • Article IX, Powers and Responsibilities of the Council (PDF p.6-7). Legislative (Article XVIII) and executive power within jurisdiction, including policy, rules under approved legislation, staff, contracts, population registers and documents; executive acts must be consistent with the Agreement; no foreign relations powers, except the PLO may negotiate and sign for the Council’s benefit economic (Annex V), donor, regional development and cultural, scientific and educational agreements; an independent Palestinian judicial system within jurisdiction.
  • Article X, Redeployment of Israeli Military Forces (PDF p.8). First phase covering populated West Bank areas, completed 22 days before elections; further redeployments to specified military locations after inauguration, completed within 18 months; Israel retains external security and overall security of Israelis; “Israeli military forces” includes Israel Police and other Israeli security forces.
  • Article XI, Land (PDF p.8-9). The West Bank and Gaza Strip as a single territorial unit; territory except permanent-status issues comes under Council jurisdiction in phases completed within 18 months: Areas A and B land and all civil powers including planning and zoning in the first phase, Area C civil powers not relating to territory in the first phase, territory powers in three further phases at six-month intervals; definitions of Area A (brown on map No. 1), Area B (yellow on map No. 1 plus Appendix 6 hamlets) and Area C (the rest of the West Bank).
  • Article XII, Arrangements for Security and Public Order (PDF p.9-10). The Council establishes a strong police force; Israel retains external defense including the Egyptian and Jordanian borders and sea and air, and overall security of Israelis and Settlements; the JSC, RSCs and DCOs are established (Annex I); arrangements may be reviewed and amended by agreement; “the Settlements” defined by Area C in the West Bank and, in Gaza, the Gush Katif and Erez areas and other settlements on map No. 2.
  • Article XIII, Security (PDF p.10-11). On redeployment in each district the Council assumes internal security and public order in Area A; complete redeployment from Area B, the Council assuming public order for Palestinians while Israel has overriding security responsibility for Israelis and against terrorism; 25 Palestinian police stations/posts in Area B, free operation there, coordinated movement outside them with DCO response within one day (routine) or 2 hours (emergency), joint activities on main roads, and notification of policemen’s names, vehicle plates and weapons serial numbers; further redeployments and transfer in Areas B and C in three phases completed 18 months after inauguration.
  • Article XIV, The Palestinian Police (PDF p.11-12). A strong police force per Annex I; the Gaza-Jericho force is fully integrated; no other armed forces shall operate; no other organization, group or individual may manufacture, sell, acquire, possess or import firearms, ammunition, weapons, explosives or related equipment except as Annex I provides.
  • Article XV, Prevention of Hostile Acts (PDF p.12). Both sides shall take all measures necessary to prevent terrorism, crime and hostilities against each other, individuals under the other’s authority and their property, and take legal measures against offenders; implementation in Annex I.
  • Article XVI, Confidence Building Measures (PDF p.12-13). Israel will release or turn over Palestinian detainees and prisoners in three stages (signing, before elections, and a third stage) from the categories in Annex VII; Palestinians who maintained contact with the Israeli authorities are protected from harassment, violence, retribution or prosecution; approved Palestinians from abroad will not be prosecuted for offenses committed prior to 13 September 1993.
  • Article XVII, Jurisdiction (PDF p.13-14). Council jurisdiction covers West Bank and Gaza Strip territory as a single unit except permanent-status issues (Jerusalem, settlements, specified military locations, Palestinian refugees, borders, foreign relations and Israelis) and powers not transferred; territorial jurisdiction is Gaza except the Settlements and Military Installation Area and the West Bank except Area C (gradually transferred in three phases), including land, subsoil and territorial waters; functional jurisdiction is all transferred powers, with functional jurisdiction also in Area C per Annex III; personal jurisdiction is all persons except Israelis; Israel through its military government retains authority over areas not under the Council, untransferred powers and Israelis, in accordance with international law; a Legal Committee is established; jurisdiction extends through the redeployment sequence restated here.
  • Article XVIII, Legislative Powers of the Council (PDF p.14-15). The Council may legislate within its jurisdiction; the Ra’ees initiates, promulgates and issues secondary legislation; legislation exceeding jurisdiction or inconsistent with the DOP, this Agreement or other interim agreements is void from the outset and the Ra’ees shall not promulgate it; all legislation is communicated to the Israeli side of the Legal Committee, which may refer legislation for discussion.
  • Article XIX, Human Rights and the Rule of Law (PDF p.15). Israel and the Council shall exercise their powers with due regard to internationally-accepted norms and principles of human rights and the rule of law.
  • Article XX, Rights, Liabilities and Obligations (PDF p.15-17). Transfer includes pre-transfer rights, liabilities and obligations; Israel ceases financial responsibility and the Council bears it, reimbursing Israel in full for any award on a transferred claim, except where liability rests solely with an employee or agent acting beyond scope, unlawfully or with willful malfeasance; Palestinian claims, including pending claims where evidence has not begun, may be channelled by legislation to Palestinian courts only; transfer does not affect existing rights of any person or legal entity; the Council assumes the Palestinian Authority’s rights, liabilities and obligations on inauguration; “Israelis” includes Israeli statutory agencies and corporations registered in Israel.
  • Article XXI, Settlement of Differences and Disputes (PDF p.17). Differences go to the coordination mechanisms, then under DOP Article XV to the Liaison Committee, then to an agreed conciliation mechanism, then by agreement to an Arbitration Committee.
  • Article XXII, Relations between Israel and the Council (PDF p.17-18). Mutual understanding and tolerance; abstention from incitement including hostile propaganda, with legal measures against incitement, without derogating from freedom of expression; educational systems to contribute to peace and refrain from motifs adversely affecting reconciliation; cooperation against crime including drug trafficking, smuggling and property/vehicle offenses.
  • Article XXIII, Cooperation with Regard to Transfer of Powers and Responsibilities (PDF p.18). Cooperation for a smooth, peaceful and orderly transfer, security per Annex I and civil per Annex III.
  • Article XXIV, Economic Relations (PDF p.18). Governed by the Protocol on Economic Relations signed in Paris on 29 April 1994, its Appendices and Supplement, attached as Annex V (see Paris Protocol).
  • Article XXV, Cooperation Programs (PDF p.18). A cooperation mechanism and a Standing Cooperation Committee per Annex VI.
  • Article XXVI, The Joint Israeli-Palestinian Liaison Committee (PDF p.18-19). Equal membership, decisions by agreement; it establishes a Monitoring and Steering Committee of the heads of the JSC, CAC, Legal Committee, Joint Economic Committee and Standing Cooperation Committee.
  • Article XXVII, Liaison and Cooperation with Jordan and Egypt (PDF p.19). The Continuing Committee constituted under DOP Article XII decides by agreement on admission of persons displaced from the West Bank and Gaza Strip in 1967 and deals with other common concerns.
  • Article XXVIII, Missing Persons (PDF p.19-20). Mutual cooperation in searches and information; the PLO undertakes to cooperate and assist in locating and returning Israeli soldiers missing in action and unrecovered bodies.
  • Article XXIX, Safe Passage between the West Bank and the Gaza Strip (PDF p.20). Arrangements in Annex I.
  • Article XXX, Passages (PDF p.20). Coordination arrangements for Egypt and Jordan passages and other agreed international crossings in Annex I.
  • Article XXXI, Final Clauses (PDF p.20-22). Entry into force on signing; the Gaza-Jericho Agreement (except its Article XX), Preparatory Transfer Agreement and Further Transfer Protocol are superseded; the Council replaces the Palestinian Authority and assumes its obligations; both sides shall pass implementing legislation; permanent status negotiations commence not later than 4 May 1996 covering Jerusalem, refugees, settlements, security arrangements, borders, relations and cooperation with other neighbors and other common issues; nothing prejudices or preempts their outcome and neither Party is deemed to have renounced or waived existing rights, claims or positions; neither side shall change the status of the West Bank and Gaza Strip pending the outcome; the PLO undertakes the Palestinian National Council will convene within two months of the Council’s inauguration to approve the Palestinian Covenant changes undertaken in the 9 September 1993 and 4 May 1994 letters; Jericho permanent checkpoints (except the Mousa Alami-Allenby access road) are removed on completion of the first phase and Jericho-conditioned prisoners may return home; the Preamble, Annexes, Appendices and maps are integral, including the Gaza-Jericho maps renumbered as maps Nos. 2, 5 and 8; the Jeftlik area comes under functional and personal jurisdiction in the first phase, its territorial transfer to be considered in the first further phase. Done at Washington DC, 28 September 1995 (no individual signatory names printed at this point in the text copy).
  • Annex I, Article I, Redeployment of Israeli Military Forces and Transfer of Responsibility (PDF p.22-23). First phase in stages per Appendix 1, completed 22 days before elections; implementation while preserving without obstacles normal and smooth movement of people, vehicles and goods within the West Bank and between the West Bank and Gaza Strip, and without undermining Palestinian development programs or the moral and physical dignity of the Palestinian people; after inauguration all Palestinians residing there are accountable to the Council only unless otherwise provided, the Civil Administration is dissolved and the military government withdrawn; a 10-day familiarization period before each stage; further redeployments in three phases completed within 18 months, the specified military locations to be negotiated in permanent status negotiations.
  • Annex I, Article II, Security Policy for the Prevention of Terrorism and Violence (PDF p.23-24). The Palestinian security policy defined on 9 March 1995 for Gaza and Jericho is extended to West Bank areas under Palestinian security responsibility: the Palestinian Police is the only Palestinian security authority, acts systematically against violence and terror, confiscates illegal arms under a Council permit system, and arrests and prosecutes suspects; both sides handle threats or acts of terrorism, violence or incitement immediately, efficiently and effectively, protect residents, prevent incitement, apprehend, investigate and prosecute perpetrators and protect infrastructure serving the other side; persons present in violation are dealt with per JSC procedures.
  • Annex I, Article III, Coordination and Cooperation in Mutual Security Matters (PDF p.24-28). The JSC (five to seven members per side, decisions by agreement, meetings every two weeks, special meetings within 48 hours) recommends policy guidelines to the Liaison Committee, gives directives to two RSCs and the DCOs and develops the comprehensive coordination plan; RSCs guide DCOs and run 24-hour coordination offices; DCOs (up to six officers per side, staffed 24 hours) monitor joint matters, direct Joint Patrols and Joint Mobile Units, and must be notified immediately of listed events from deployments near settlements or Palestinian localities to any terrorist action and any injury to Israelis; Joint Patrols (one Palestinian and one Israeli four-wheel-drive vehicle, an officer and three armed guards each, 24 hours, lead vehicle by responsibility area) and Joint Mobile Units (rapid response) operate under the DCOs; Joint Liaison Bureaus sit at crossing points and terminals.
  • Annex I, Article IV, The Palestinian Police (PDF p.28-31). Duties: internal security and public order, protection of persons and property, crime prevention, protection of public installations and infrastructure, preventing harassment and retribution, combating terrorism and violence and preventing incitement, and other normal police functions. One integral unit under the Council with six branches — Civil Police (Al Shurta), Public Security, Preventive Security, Amn Al Ri’asah, Intelligence, and Emergency Services and Rescue (Al Difa’a Al Madani) — under one central command per district, plus a Coastal Police unit. Deployment capped at 30,000: up to 12,000 in the West Bank and 18,000 in the Gaza Strip, of which up to 6,000 in the West Bank in the first phase; recruits locally and from abroad (Jordanian passports or Egyptian-issued Palestinian documents) capped at 5,000 (West Bank) and 7,000 (Gaza) from abroad; Israel is notified of every candidate and a candidate Israel objects to shall not be recruited; arms in the West Bank capped at 4,000 rifles, 4,000 pistols, 120 machine guns of 0.3” or 0.5” caliber and 15 light unarmed riot vehicles, and in Gaza at 7,000 light personal weapons, 120 such machine guns and 45 wheeled armored vehicles (22 protecting Council installations, their use near settlements, the Perimeter and Lateral Roads by DCO approval); an updated weapons register; foreign assistance must comply with the Agreement and arms introduction is coordinated through the JSC.
  • Annex I, Article V, Security Arrangements in the West Bank (PDF p.31-35). Eight DCOs: Jenin (Quabatiya), Nablus (Hawara), Tulkarm (Kaddouri), Qalqilya (Tsufin), Ramallah (Beth El), Bethlehem (Panorama Hills, Beit Jala), Hebron (Har Manoakh) and Jericho (Vered Yericho, with an Allenby Terminal bureau). In Area A the Council assumes internal security on redeployment in each district; Jewish holy sites listed in Appendix 4 are protected by the Palestinian Police with a JMU on access routes and Israeli plainclothes guards inside, existing practices preserved; Jericho clarification: Route 90 across Auja and the Yitav road, at least 12 meters each side of center, remain under Israeli authority. Areas B and C arrangements repeat Article XIII (25 stations, here cited to Appendix 3 — see Open questions). Palestinian-led Joint Patrols on eleven listed roads; three JMUs per DCO in Area B, Israeli-led, plus Auja and Nahal Elisha units; policemen’s movement in Area C is DCO-confirmed and between Areas A and B DCO-approved. Rachel’s Tomb is a special case, agreed “Without derogating from Palestinian security responsibility in the City of Bethlehem”: the Tomb and the Jerusalem road under Israeli security responsibility with Palestinian free movement continuing, three Israeli guard posts, existing practices preserved.
  • Annex I, Article VI, Security Arrangements in the Gaza Strip (PDF p.35-39). The Delimiting Line follows the fence, for this Agreement only and without prejudice to border negotiations, the fence remaining in place; the Security Perimeter inside Gaza is under Palestinian Police security responsibility with DCO coordination; the Gush Katif and Erez settlement areas and other settlements are under Israeli authority, Palestinians moving freely on the coast road and the Netzarim-seashore road; in the Yellow Area Israel has overriding security responsibility and the Council civil powers, and the Mawasi Area is treated as Area B for public order, with two Israeli-led Joint Patrols, three access roads and five kilometers of Council-operated beach and wharves for recreation, food, fishermen’s facilities and an hotel, and no new Israeli construction along the beach; the Military Installation Area on the Egyptian border is under Israeli authority, Dahaniya remaining in it pending a general amnesty and protection, then joining the Yellow Area; on the three Lateral Roads (Kissufim, Sufa, Karni-Netzarim) Israel has all powers for independent security activity with Israeli-led Joint Patrols and overpasses to be built over Road No. 4; a Palestinian-led Joint Patrol runs Road No. 4 between Kfar Darom and Wadi Gaza; JMUs at Nissanit, Netzarim, Deir el-Ballah and Sufa-Morag; two DCOs (Erez and Nuriya Camp).
  • Annex I, Article VII, Guidelines for Hebron (PDF p.39-41). Redeployment within six months of signing from Area H-1 (map No. 9), except places and roads needed for Israelis’ security; in H-1 the Palestinian Police assume responsibilities as in other West Bank cities, with up to 400 policemen, 20 vehicles, 200 pistols and 100 rifles, all civil powers transferred, and the Imara becoming police headquarters; in Area H-2 Israel retains internal security and public order, civil powers are transferred except those relating to Israelis and their property, and unarmed plainclothes municipal inspectors enforce the transferred civil powers vis-a-vis Palestinians; the municipality serves all parts of the city; a DCO at Har Manoakh, a JMU citywide including the Old City if required, and a Joint Patrol, with reassignment considered after three months; eight normalization measures in the Old City and on the roads take effect immediately after signing; a high level Joint Liaison Committee deals with Hebron security after redeployment; on the Tomb of the Patriarchs / Al Haram Al Ibrahimi the sides, unable to agree, keep the present situation, reviewed after three months; there will be a Temporary International Presence in Hebron (TIPH) with modalities, numbers and area agreed by both sides; Hebron remains one city.
  • Annex I, Article VIII, Passages (PDF p.41-46). Israel remains responsible for external security including the Egyptian and Jordanian borders; arrangements apply to the Allenby Bridge and Rafah crossings (a joint committee decides on Damya), continuing the Casablanca Protocol of 31 October 1994 as Appendix 5, with the CAC to consider replacing the Israel Airport Authority with the military government in passage administration; each terminal has a Palestinian Wing and an Israeli Wing with closed checking areas; Israel has security responsibility throughout the passage and an Israeli director-general manages the terminal, with an Israeli deputy for the Israeli Wing and a Palestinian deputy appointed by the Council for the Palestinian Wing, Palestinian contractors for buses and services, and Palestinian policemen at the terminal armed with handguns; entry through the Palestinian Wing runs luggage conveyor and magnetic gate checks, then a first lane for residents (Palestinian counter, with Israeli checking indirectly and invisibly, white card) and a second lane for visitors (Israeli then Palestinian counters separated by tinted glass and a revolving door, blue card), questioning in closed areas only on the four listed suspicion grounds, apprehension only after notification, and denial of entry by either side for non-residents, “residents” being those registered in the population registry on entry into force or later approved by Israel; exit reverses the counter order; a Joint Liaison Bureau per crossing sits under the CAC; goods and vehicle arrangements to be agreed within six months; Allenby hours Sunday-Thursday 08:00-24:00 and Friday-Saturday 08:00-15:00 except Yom Kippur.
  • Annex I, Article IX, Movement Into, Within and Outside the West Bank and the Gaza Strip (PDF p.46-48). Erez is to be relocated into Israel adjacent to the Delimiting Line, a joint committee deciding the timeframe within one month, Israel controlling it meanwhile; Israelis and tourists’ documentation rules; entry to Israel under Israeli law, without prejudice to Israel’s right to close crossing points or limit entry for security and safety; tourists from countries with diplomatic relations with Israel need no additional control before entry into Israel; movement within the West Bank between cities, towns, villages and refugee camps will be free and normal without checkpoints or roadblocks, Palestinian Police checkpoints standing on roads to Israel to prevent illegal weapons movement; Gaza-Israel passage via Erez, Nahal Oz, Sufa and Karni (commercial, goods only), with Council checkpoints on the Erez, Nahal Oz and Sufa roads and additional Israeli/tourist crossings at Karni (non-commercial), Kisufim, Kerem Shalom and Elei Sinai; a Palestinian liaison officer at each Lateral Road crossing point.
  • Annex I, Article X, Safe Passage (PDF p.48-50). A safe passage connects the West Bank and Gaza Strip via Erez (persons and vehicles), Karni commercial (goods), Tarkumya and a point around Mevo Horon, on map No. 6 routes, for daylight hours and not less than 10 hours a day; users carry a safe passage card and drivers a vehicle permit, both issued and stamped by Israel with departure and estimated arrival times, a permit to enter Israel serving as a card; Israel may deny its territory to serious or repeated violators, and persons denied entry to Israel travel by Israel Police-escorted shuttle buses 7:00 AM to 2:00 PM on two days a week, applied for through the DCO at least five days ahead; special arrangements for Palestinian leaders and the Ra’ees’s guests; users shall not break their journey, leave the routes or carry weapons except as agreed in the JSC, and are subject to Israeli law; no passage on Yom Kippur, Israel’s Memorial Day or Israel’s Independence Day; Israel may temporarily halt or modify a route for security or safety while keeping one route open, notifying the JSC and the Council of incidents.
  • Annex I, Article XI, Rules of Conduct in Mutual Security Matters (PDF p.50-52). Both forces exercise their powers with due regard to human rights and the rule of law, protecting the public, respecting human dignity and avoiding harassment; civilian weapons require a license, the Palestinian Police licensing pistols under JSC-agreed modalities, with a one-month grace and declaration period on assuming responsibility and an updated register; engagement steps (an immediate response to a danger to life or property) by Israeli authorities inside Council-responsibility territory end with transfer of handling to the Palestinian Police at the earliest opportunity, firearms only as a last resort and aimed at deterring or apprehending, not killing, ceasing when the danger is past, other firearms activity by prior DCO notification, first-arriving side assisting the injured; Israeli vehicles are not stopped except for Joint Patrol identification on jointly patrolled roads, and only for identification in Gaza, Area A and Area B station places on other roads; Israelis shall never be apprehended or placed in custody or prison by Palestinian authorities, only detained in place under protection until a Joint Patrol or Israeli representatives arrive; uniformed Israeli forces and their vehicles are never stopped or identified, suspicion being notified through the DCO.
  • Annex I, Article XII, Security Arrangements Concerning Planning, Building and Zoning (PDF p.52, begun only). Notwithstanding provisions elsewhere, reviewed every six months with due consideration to Palestinian economic projects and both sides’ security concerns, with no demolition of existing buildings required: in the West Bank no construction or alteration within 50 meters of the center of the roads delineated in blue on map No. 7, no bridges or structures blocking vehicles up to 5.25 meters, a 15-meter height limit in the purple-shaded areas, and dismantling of buildings erected contrary to this paragraph. The Article continues beyond PDF p.52.

Key passages

Evidence the work relies on

  • This is a treaty text, not an argument from evidence: its operative material is its own articles, annexes, appendices and maps, and the instruments it incorporates or supersedes — the DOP (13 September 1993), the Gaza-Jericho Agreement (4 May 1994), the Preparatory Transfer Agreement (Erez, 29 August 1994), the Further Transfer Protocol (Cairo, 27 August 1995), the mutual recognition letters (9 September 1993 and 4 May 1994), the Paris Protocol on Economic Relations (29 April 1994) as Annex V, and the Casablanca Protocol Regarding Arrangements with Respect to Passages (31 October 1994) as Annex I, Appendix 5 — each as cited in the text read so far (PDF p.1-2, 18, 20-22, 41).

Analysis

  • The text as read so far creates interim self-government by enumerated transfer: every Council power is a transferred power, Israel expressly retains everything not transferred, Council legislation inconsistent with the DOP or the Agreement is void from the outset, and the excepted subjects (Jerusalem, settlements, military locations, refugees, borders, foreign relations, Israelis) are placed outside the Council’s jurisdiction altogether. The same structure runs through Annex I security: Palestinian responsibility is territorially phased and numerically capped (police strength, stations, vehicles, arms by caliber and count), movement outside Palestinian station areas runs through DCO coordination and confirmation, and joint bodies (JSC, RSCs, DCOs, Joint Patrols, JMUs) decide by agreement. The passages and safe-passage articles keep Israel in control of terminal security and management and of the issuance and stamping of passage documents, while giving the Palestinian side a visible wing, flag, counters and deputy management. These are readings of the text’s own provisions, stated here from PDF p.1-52 only.

Palestinian Council, Palestinian Authority, Palestinian Police, Palestine Liberation Organization, Palestinian National Council, Area A, Area B, Area C, Hebron, Temporary International Presence in Hebron, Declaration of Principles on Interim Self-Government Arrangements, Gaza-Jericho Agreement, Paris Protocol, Interim Agreement, West Bank, Gaza, Israel, Rafah Crossing

Safe passage, Oslo Accords

How it relates to other sources

  • The Agreement is the instrument the DOP called for: Declaration of Principles on Interim Self-Government Arrangements (13 September 1993) Article VII required an Interim Agreement specifying the Council’s structure, size, transfer of powers, executive and legislative authority and judicial organs, and provided that on inauguration the Civil Administration would be dissolved and the military government withdrawn (PDF p.6) — provisions this text carries out at Articles I, III-V, IX, XVII and XVIII.
  • It supersedes Agreement on the Gaza Strip and the Jericho Area (4 May 1994) (except its Article XX) as that Agreement’s own Article XXIII anticipated, and incorporates the Paris Protocol as Annex V rather than Annex IV as in 1994.
  • Origins and Evolution of the Palestine Problem: Part V (1989-2000) summarizes this Agreement (PDF p.56-59) as dividing the West Bank into Areas A, B and C and extending civilian control to nearly 30 per cent; the primary text gives no percentages for the Areas, defining them by map lines instead (PDF p.9), and gives the Council as 82 representatives plus the Ra’ees (PDF p.5), where the study’s summary of an 82-member Council and its Head is a summary of the same provision.
  • The study also states in a following paragraph that the Agreement was signed in Cairo on 27 August 1995, a date its note attaches to the Further Transfer Protocol; the primary text is done at Washington DC on 28 September 1995 and dates the Further Transfer Protocol to Cairo, 27 August 1995 (PDF p.2, 22) — the conflict is held on Interim Agreement, not reconciled.

Open questions

  • Article XXXI, paragraph 13(b)(a) (PDF p.21, verified in the original) prints the words attached to this Agreement as map No. and then, in parenthesis, the citation “map No. 2”, with the number missing after the first map No.; the numbering is given only inside the parenthesis. In paragraph 13(b)(c) (PDF p.22, verified in the original) the parenthesis opened before the citation “map No. 8” is not closed before the words are an integral part hereof.
  • Annex IV is named “Protocol Concerning Legal Affairs” in the title-page list of annexes (PDF p.1) but “Protocol Concerning Legal Matters” in main Article XVII, paragraph 6 (PDF p.14); both names are recorded as printed and not reconciled.
  • The 25 Area B police stations are cited to Appendix 2 to Annex I in main Article XIII (PDF p.10) and to Appendix 3 to Annex I in Annex I, Article V(3) (PDF p.33); both citations are recorded as printed and not reconciled.
  • Annex I, Article V(2)(a) reads “the redeployment of Israeli military forces it each district” as printed in the original (PDF p.32); the expected word is not supplied.
  • In Annex I, Article XI(3)(a) a stray character (U+05F0) precedes the word engagement in both the text copy and the original as extracted (PDF p.50); the reading is otherwise clear.
  • Maps Nos. 1-9 and all Annex appendices are integral parts whose lines, lists and figures are not in the body text read so far; the actual boundaries of Areas A, B and C, the Appendix 1 redeployment schedule, the Appendix 4 Jewish holy sites list and the Appendix 5 passage details cannot be stated from this part.
  • No individual signatory names are printed at the close of the main Agreement in the text copy (PDF p.22); identification of signatories rests on other sources.
  • Annex I, Article XII and Annexes II-VII are unread in this part (PDF p.53-188 remain).

Coverage

PDF p.1-52 of 188. Parts 2-4 (PDF p.53-108, 109-167, 168-188) remain unread.

Graph View

Backlinks