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Gaza Strip & Jericho
Agreement
May 4, 1994
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 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
through the agreed political process;
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;
REAFFIRMING
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;
DESIROUS
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;
HEREBY
AGREE to the following arrangements regarding
the Gaza Strip and the Jericho Area:
ARTICLE I
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the Gaza
Strip and the Jericho Area are delineated on map No. 1 and map No. 2
attached to this Agreement;
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"the
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;
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"the
Military Installation Area" means the Israeli military installation
area along the Egyptian border in the Gaza Strip, as shown on map No. 1;
and
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the term
"Israelis" shall also include Israeli statutory agencies and
corporations registered in Israel.
ARTICLE II
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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. Israel shall complete
such withdrawal within three weeks from this date.
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Subject to
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
Palestinian Police").
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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.
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For the
purposes of this Agreement, "Israeli military forces" may
include Israel police and other Israeli security forces.
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Israelis,
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.
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The
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.
ARTICLE III
TRANSFER OF
AUTHORITY
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Israel shall
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.
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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 II .
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Arrangements
for a smooth and peaceful transfer of the agreed powers and
responsibilities are set out in Annex II.
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Upon the
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
Agreement.
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A Joint
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.
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The offices
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.
ARTICLE IV
ARTICLE V
JURISDICTION
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The
authority of the Palestinian Authority encompasses all matters that fall
within its territorial, functional and personal jurisdiction, as
follows:
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The
territorial jurisdiction covers the Gaza Strip and the Jericho Area
territory, as defined in Article I, except for Settlements and the
Military Installation Area.
Territorial
jurisdiction shall include land, subsoil and territorial waters, in
accordance with the provisions of this Agreement.
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The
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
security.
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The
personal jurisdiction extends to all persons within the territorial
jurisdiction referred to above, except for Israelis, unless
otherwise provided in this Agreement.
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The
Palestinian Authority has, within its authority, legislative, executive
and judicial powers and responsibilities, as provided for in this
Agreement.
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Israel
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.
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Israel
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.
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The exercise
of authority with regard to the electromagnetic sphere and airspace
shall be in accordance with the provisions of this Agreement.
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The
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.
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Israel and
the Palestinian Authority shall cooperate on matters of legal assistance
in criminal and civil matters through the legal subcommittee of the CAC.
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
PASSAGES
Arrangements for
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.
ARTICLE XI
SAFE PASSAGE
BETWEEN THE GAZA STRIP AND THE JERICHO AREA
Arrangements for
safe passage of persons and transportation between the Gaza Strip and the
Jericho Area are set out in Annex I, Article IX.
ARTICLE XII
ARTICLE XIII
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,
certified copies of which are attached as Annex IV, and will be governed by
the relevant provisions of this Agreement and its Annexes.
ARTICLE XIV
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.
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
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 Declaration of Principles
shall apply to any such difference which is not settled through the
appropriate coordination and cooperation mechanism, namely:
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Disputes
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.
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Disputes
which cannot be settled by negotiations may be settled by a mechanism of
conciliation to be agreed between the Parties.
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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.
ARTICLE XVIII
PREVENTION OF
HOSTILE ACTS
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
Palestinians.
ARTICLE XIX
MISSING PERSONS
The Palestinian
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.
ARTICLE XX
CONFIDENCE
BUILDING MEASURES
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:
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Upon the
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.
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After the
signing of this Agreement, the two Parties shall continue to negotiate
the release of additional Palestinian prisoners and detainees, building
on agreed principles.
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The
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.
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With the
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.
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Palestinians
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.
ARTICLE XXI
ARTICLE XXII
RIGHTS,
LIABILITIES AND OBLIGATIONS
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The
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.
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Any
financial claim made in this regard against Israel will be referred
to the Palestinian Authority.
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Israel
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.
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Where
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.
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In the
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.
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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 Palestinian Authority
shall not bear financial responsibility.
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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.
ARTICLE XXIII
FINAL CLAUSES
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This
Agreement shall enter into force on the date of its signing.
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The
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.
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The
five-year interim period referred to in the Declaration of Principles
commences on the date of the signing of this Agreement.
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The Parties
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.
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Nothing in
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.
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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.
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The Gaza
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.
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The Preamble
to this Agreement, and all Annexes, Appendices and maps attached hereto,
shall constitute an integral part hereof.
Done
in Cairo this fourth day of May, 1994.
_______________________
For the Government of the
State of Israel
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For the PLO
Witnessed
By:
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The United States of America
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The Russian Federation
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The Arab Republic of Egypt
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