Gaza Strip & Jericho
May 4, 1994
The Government of
the State of Israel and the Palestine Liberation Organization
(hereinafter "the PLO"), the representative of the Palestinian
the framework of the Middle East peace process initiated at Madrid in
their determination to live in peaceful coexistence, mutual dignity and
security, while recognizing their mutual legitimate and political rights;
their desire to achieve a just, lasting and comprehensive peace settlement
through the agreed political process;
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;
their understanding that the interim self-government arrangements, including
the arrangements to apply in the Gaza Strip and the Jericho Area contained
in this Agreement, are an integral part of the whole peace process and that
the negotiations on the permanent status will lead to the implementation of
Security Council Resolutions 242 and 338;
of putting into effect the Declaration of Principles on Interim
Self-Government Arrangements signed at Washington, D.C. on September 13,
1993, and the Agreed Minutes thereto (hereinafter "the Declaration of
Principles"), and in particular the Protocol on withdrawal of Israeli
forces from the Gaza Strip and the Jericho Area;
AGREE to the following arrangements regarding
the Gaza Strip and the Jericho Area:
Strip and the Jericho Area are delineated on map No. 1 and map No. 2
attached to this Agreement;
Settlements" means the Gush Katif and Erez settlement areas, as
well as the other settlements in the Gaza Strip, as shown on attached
map No. 1;
Military Installation Area" means the Israeli military installation
area along the Egyptian border in the Gaza Strip, as shown on map No. 1;
"Israelis" shall also include Israeli statutory agencies and
corporations registered in Israel.
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. Israel shall complete
such withdrawal within three weeks from this date.
the arrangements included in the Protocol Concerning Withdrawal of
Israeli Military Forces and Security Arrangements attached as Annex I ,
the Israeli withdrawal shall include evacuating all military bases and
other fixed installations to be handed over to the Palestinian Police,
to be established pursuant to Article IX below (hereinafter "the
In order to
carry out Israel's responsibility for external security and for internal
security and public order of Settlements and Israelis, Israel shall,
concurrently with the withdrawal, redeploy its remaining military forces
to the Settlements and the Military Installation Area, in accordance
with the provisions of this Agreement. Subject to the provisions of this
Agreement, this redeployment shall constitute full implementation of
Article XIII of the Declaration of Principles with regard to the Gaza
Strip and the Jericho Area only.
purposes of this Agreement, "Israeli military forces" may
include Israel police and other Israeli security forces.
including Israeli military forces, may continue to use roads freely
within the Gaza Strip and the Jericho Area. Palestinians may use public
roads crossing the Settlements freely, as provided for in Annex I.
Palestinian Police shall be deployed and shall assume responsibility for
public order and internal security of Palestinians in accordance with
this Agreement and Annex I.
transfer authority as specified in this Agreement from the Israeli
military government and its Civil Administration to the Palestinian
Authority, hereby established, in accordance with Article V of this
Agreement, except for the authority that Israel shall continue to
exercise as specified in this Agreement.
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 II .
for a smooth and peaceful transfer of the agreed powers and
responsibilities are set out in Annex II.
completion of the Israeli withdrawal and the transfer of powers and
responsibilities as detailed in paragraphs 1 and 2 above and in Annex
II, the Civil Administration in the Gaza Strip and the Jericho Area will
be dissolved and the Israeli military government will be withdrawn. The
withdrawal of the military government shall not prevent it from
continuing to exercise the powers and responsibilities specified in this
Civil Affairs Coordination and Cooperation Committee (hereinafter
"the CAC") and two Joint Regional Civil Affairs Subcommittees
for the Gaza Strip and the Jericho Area respectively shall be
established in order to provide for coordination and cooperation in
civil affairs between the Palestinian Authority and Israel, as detailed
in Annex II.
of the Palestinian Authority shall be located in the Gaza Strip and the
Jericho Area pending the inauguration of the Council to be elected
pursuant to the Declaration of Principles.
Palestinian Authority will consist of one body of 24 members which shall
carry out and be responsible for all the legislative and executive
powers and responsibilities transferred to it under this Agreement, in
accordance with this Article, and shall be responsible for the exercise
of judicial functions in accordance with Article VI, subparagraph 1.b.
of this Agreement.
Palestinian Authority shall administer the departments transferred to it
and may establish, within its jurisdiction, other departments and
subordinate administrative units as necessary for the fulfillment of its
responsibilities. It shall determine its own internal procedures.
shall inform the Government of Israel of the names of the members of the
Palestinian Authority and any change of members. Changes in the
membership of the Palestinian Authority will take effect upon an
exchange of letters between the PLO and the Government of Israel.
of the Palestinian Authority shall enter into office upon undertaking to
act in accordance with this Agreement.
authority of the Palestinian Authority encompasses all matters that fall
within its territorial, functional and personal jurisdiction, as
territorial jurisdiction covers the Gaza Strip and the Jericho Area
territory, as defined in Article I, except for Settlements and the
Military Installation Area.
jurisdiction shall include land, subsoil and territorial waters, in
accordance with the provisions of this Agreement.
functional jurisdiction encompasses all powers and responsibilities
as specified in this Agreement. This jurisdiction does not include
foreign relations, internal security and public order of Settlements
and the Military Installation Area and Israelis, and external
personal jurisdiction extends to all persons within the territorial
jurisdiction referred to above, except for Israelis, unless
otherwise provided in this Agreement.
Palestinian Authority has, within its authority, legislative, executive
and judicial powers and responsibilities, as provided for in this
has authority over the Settlements, the Military Installation Area,
Israelis, external security, internal security and public order of
Settlements, the Military Installation Area and Israelis, and those
agreed powers and responsibilities specified in this Agreement.
shall exercise its authority through its military government, which,
for that end, shall continue to have 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.
of authority with regard to the electromagnetic sphere and airspace
shall be in accordance with the provisions of this Agreement.
provisions of this Article are subject to the specific legal
arrangements detailed in the Protocol Concerning Legal Matters attached
as Annex III . Israel and the Palestinian Authority may negotiate
further legal arrangements.
the Palestinian Authority shall cooperate on matters of legal assistance
in criminal and civil matters through the legal subcommittee of the CAC.
the provisions of this Agreement, the Palestinian Authority, within its
legislative powers as set out in Article VII of this Agreement, as
well as executive powers;
administer justice through an independent judiciary;
have, inter alia, power to formulate policies, supervise their
implementation, employ staff, establish departments, authorities and
institutions, sue and be sued and conclude contracts; and
have, inter alia, the power to keep and administer registers and
records of the population, and issue certificates, licenses and
accordance with the Declaration of Principles, the Palestinian
Authority 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 Gaza Strip or the Jericho
Area, the appointment of or admission of diplomatic and consular
staff, and the exercise of diplomatic functions.
the provisions of this paragraph, the PLO may conduct negotiations
and sign agreements with states or international organizations for
the benefit of the Palestinian Authority in the following cases
agreements, as specifically provided in Annex IV of this
with donor countries for the purpose of implementing
arrangements for the provision of assistance to the Palestinian
for the purpose of implementing the regional development plans
detailed in Annex IV of the Declaration of Principles or in
agreements entered into in the framework of the multilateral
scientific and educational agreements.
between the Palestinian Authority and representatives of foreign
states and international organizations, as well as the establishment
in the Gaza Strip and the Jericho Area of representative offices
other than those described in subparagraph 2.a. above, for the
purpose of implementing the agreements referred to in subparagraph
2.b. above, shall not be considered foreign relations.
Palestinian Authority will have the power, within its jurisdiction, to
promulgate legislation, including basic laws, laws, regulations and
other legislative acts.
promulgated by the Palestinian Authority shall be consistent with the
provisions of this Agreement.
promulgated by the Palestinian Authority shall be communicated to a
legislation subcommittee to be established by the CAC (hereinafter
"the Legislation Subcommittee"). During a period of 30 days
from the communication of the legislation, Israel may request that the
Legislation Subcommittee decide whether such legislation exceeds the
jurisdiction of the Palestinian Authority or is otherwise inconsistent
with the provisions of this Agreement.
of the Israeli request, the Legislation Subcommittee shall decide, as an
initial matter, on the entry into force of the legislation pending its
decision on the merits of the matter.
Legislation Subcommittee is unable to reach a decision with regard to
the entry into force of the legislation within 15 days, this issue will
be referred to a board of review. This board of review shall be
comprised of two judges, retired judges or senior jurists (hereinafter
"Judges"), one from each side, to be appointed from a compiled
list of three Judges proposed by each.
In order to expedite the proceedings before this board of review, the
two most senior Judges, one from each side, shall develop written
informal rules of procedure.
referred to the board of review shall enter into force only if the board
of review decides that it does not deal with a security issue which
falls under Israel's responsibility, that it does not seriously threaten
other significant Israeli interests protected by this Agreement and that
the entry into force of the legislation could not cause irreparable
damage or harm.
Legislation Subcommittee shall attempt to reach a decision on the merits
of the matter within 30 days from the date of the Israeli request. If
this Subcommittee is unable to reach such a decision within this period
of 30 days, the matter shall be referred to the Joint
Israeli-Palestinian Liaison Committee referred to in Article XV below
(hereinafter "the Liaison Committee"). This Liaison Committee
will deal with the matter immediately and will attempt to settle it
within 30 days.
legislation has not entered into force pursuant to paragraphs 5 or 7
above, this situation shall be maintained pending the decision of the
Liaison Committee on the merits of the matter, unless it has decided
military orders in effect in the Gaza Strip or the Jericho Area prior to
the signing of this Agreement shall remain in force, unless amended or
abrogated in accordance with this Agreement.
In order to
guarantee public order and internal security for the Palestinians of the
Gaza Strip and the Jericho Area, the Palestinian Authority shall
establish a strong police force, as set out in Article IX below. Israel
shall continue to carry the responsibility for defense against external
threats, including the responsibility for protecting the Egyptian border
and the Jordanian line, 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.
security arrangements and coordination mechanisms are specified in Annex
Coordination and Cooperation Committee for mutual security purposes
(hereinafter "the JSC"), as well as three joint District
Coordination and Cooperation Offices for the Gaza district, the Khan
Yunis district and the Jericho district respectively (hereinafter
"the DCOs") are hereby established as provided for in Annex I.
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
Palestinian Authority shall establish a strong police force, the
Palestinian Directorate of Police Force (hereinafter "the
Palestinian Police"). The duties, functions, structure, deployment
and composition of the Palestinian Police, together with provisions
regarding its equipment and operation, are set out in Annex I, Article
III. Rules of conduct governing the activities of the Palestinian Police
are set out in Annex I, Article VIII.
the Palestinian Police referred to in this Article and the Israeli
military forces, no other armed forces shall be established or operate
in the Gaza Strip or the Jericho Area.
the arms, ammunition and equipment of the Palestinian Police described
in Annex I, Article III, and those of the Israeli military forces, no
organization or individual in the Gaza Strip and the Jericho Area shall
manufacture, sell, acquire, possess, import or otherwise introduce into
the Gaza Strip or the Jericho Area any firearms, ammunition, weapons,
explosives, gunpowder or any related equipment, unless otherwise
provided for in Annex I.
coordination between Israel and the Palestinian Authority regarding the
Gaza-Egypt and Jericho-Jordan passages, as well as any other agreed
international crossings, are set out in Annex I, Article X.
BETWEEN THE GAZA STRIP AND THE JERICHO AREA
safe passage of persons and transportation between the Gaza Strip and the
Jericho Area are set out in Annex I, Article IX.
the Palestinian Authority 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
derogating from the other provisions of this Agreement, Israel and the
Palestinian Authority shall cooperate in combatting 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.
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,
certified copies of which are attached as Annex IV, and will be governed by
the relevant provisions of this Agreement and its Annexes.
HUMAN RIGHTS AND
THE RULE OF LAW
Israel and the
Palestinian Authority 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.
Committee established pursuant to Article X of the Declaration of
Principles shall ensure the smooth implementation of this Agreement. It
shall deal with issues requiring coordination, other issues of common
interest and disputes.
Committee shall be composed of an equal number of members from each
Party. It may add other technicians and experts as necessary.
Committee shall adopt its rules of procedure, including the frequency
and place or places of its meetings.
Committee shall reach its decisions by Agreement.
Article XII of the Declaration of Principles, the two Parties shall
invite 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. These arrangements shall include the
constitution of a Continuing Committee.
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
Continuing Committee shall deal with other matters of common concern.
DIFFERENCES AND DISPUTES
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 Declaration of Principles
shall apply to any such difference which is not settled through the
appropriate coordination and cooperation mechanism, namely:
arising out of the application or interpretation of this Agreement or
any subsequent agreements pertaining to the interim period shall be
settled by negotiations through the Liaison Committee.
which cannot be settled by negotiations may be settled by a mechanism of
conciliation to be agreed between 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
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. In addition, the Palestinian side shall take all
measures necessary to prevent such hostile acts directed against the
Settlements, the infrastructure serving them and the Military Installation
Area, and the Israeli side shall take all measures necessary to prevent such
hostile acts emanating from the Settlements and directed against
Authority shall cooperate with Israel by providing all necessary assistance
in the conduct of searches by Israel within the Gaza Strip and the Jericho
Area for missing Israelis, as well as by providing information about missing
Israelis. Israel shall cooperate with the Palestinian Authority in searching
for, and providing necessary information about, missing Palestinians.
With a view to
creating a positive and supportive public atmosphere to accompany the
implementation of this Agreement, and to establish a solid basis of mutual
trust and good faith, both Parties agree to carry out confidence building
measures as detailed herewith:
signing of this Agreement, Israel will release, or turn over, to the
Palestinian Authority within a period of 5 weeks, about 5,000
Palestinian detainees and prisoners, residents of the West Bank and the
Gaza Strip. Those released will be free to return to their homes
anywhere in the West Bank or the Gaza Strip. Prisoners turned over to
the Palestinian Authority shall be obliged to remain in the Gaza Strip
or the Jericho Area for the remainder of their sentence.
signing of this Agreement, the two Parties shall continue to negotiate
the release of additional Palestinian prisoners and detainees, building
on agreed principles.
implementation of the above measures will be subject to the fulfillment
of the procedures determined by Israeli law for the release and transfer
of detainees and prisoners.
assumption of Palestinian authority, the Palestinian side commits itself
to solving the problem of those Palestinians who were in contact with
the Israeli authorities. Until an agreed solution is found, the
Palestinian side undertakes not to prosecute these Palestinians or to
harm them in any way.
from abroad whose entry into the Gaza Strip and the Jericho Area 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.
agree to a temporary international or foreign presence in the Gaza Strip
and the Jericho Area (hereinafter "the TIP"), in accordance
with the provisions of this Article.
shall consist of 400 qualified personnel, including observers,
instructors and other experts, from 5 or 6 of the donor countries.
Parties shall request the donor countries to establish a special fund to
provide finance for the TIP.
The TIP will
function for a period of 6 months. The TIP may extend this period, or
change the scope of its operation, with the agreement of the two
shall be stationed and operate within the following cities and villages:
Gaza, Khan Yunis, Rafah, Deir El Ballah, Jabaliya, Absan, Beit Hanun and
the Palestinian Authority shall agree on a special Protocol to implement
this Article, with the goal of concluding negotiations with the donor
countries contributing personnel within two months.
LIABILITIES AND OBLIGATIONS
transfer of all powers and responsibilities to the Palestinian
Authority, as detailed in Annex II, includes all related rights,
liabilities and obligations arising with regard to acts or omissions
which occurred prior to the transfer. 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.
financial claim made in this regard against Israel will be referred
to the Palestinian Authority.
shall provide the Palestinian Authority with the information it has
regarding pending and anticipated claims brought before any court or
tribunal against Israel in this regard.
legal proceedings are brought in respect of such a claim, Israel
will notify the Palestinian Authority and enable it to participate
in defending the claim and raise any arguments on its behalf.
event that an award is made against Israel by any court or tribunal
in respect of such a claim, the Palestinian Authority shall
reimburse Israel the full amount of the award.
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 Palestinian Authority
shall not bear financial responsibility.
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.
Agreement shall enter into force on the date of its signing.
arrangements established by this Agreement shall remain in force until
and to the extent superseded by the Interim Agreement referred to in the
Declaration of Principles or any other agreement between the Parties.
five-year interim period referred to in the Declaration of Principles
commences on the date of the signing of this Agreement.
agree that, as long as this Agreement is in force, the security fence
erected by Israel around the Gaza Strip shall remain in place and that
the line demarcated by the fence, as shown on attached map No. 1, shall
be authoritative only for the purpose of this Agreement.
this Agreement shall prejudice or preempt the outcome of the
negotiations on the interim agreement or on the permanent status to be
conducted pursuant to the Declaration of Principles. 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.
Parties view the West Bank and the Gaza Strip as a single territorial
unit, the integrity of which will be preserved during the interim
Strip and the Jericho Area shall continue to be an integral part of the
West Bank and the Gaza Strip, and their status shall not be changed for
the period of this Agreement. Nothing in this Agreement shall be
considered to change this status.
to this Agreement, and all Annexes, Appendices and maps attached hereto,
shall constitute an integral part hereof.
in Cairo this fourth day of May, 1994.
For the Government of the
State of Israel
For the PLO
The United States of America
The Russian Federation
The Arab Republic of Egypt