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Balfour-deklarationen, 1917
Palæstinamandatet,
1922
FNs generalforsamlings
resolution 181,
1947
FNs
sikkerhedsråds
resolution 42,
1948
FNs
generalforsamlings
resolution 194,
1948
FNs
sikkerhedsråds
resolution 242,
1967
FNs
sikkerhedsråds
resolution 338,
1973
FNs
sikkerhedsråds
resolution 1701,
2006
Oslo-aftalerne:
Oslo
I - Principerklæring,
1993
Gaza-Jeriko-aftalen,
1994
Oslo
II -
Midlertidig aftale,
1995
Wye River Memorandum,
1998
Sharm el
Sheikh Memorandum,
1999
Andet:
Det arabiske
fredsinitiativ
2002
Køreplanen
for fred
2003
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Gaza-Jeriko-aftalen
Gaza-Jeriko-aftalen (på engelsk kaldet "Gaza-Jericho
Agreement" eller "Cairo Agreement") definerer
den praktiske implementering af den "principserklæring",
som udgøres af Oslo I-aftalen (Declaration Of
Principles) af 13. september 1993. Aftalen blev underskrevet
af Israels premierminister, Yitzhak Rabin, og den palæstinensiske
leder, Yassir Arafat, i Kairo 4. maj 1994.
Herunder er aftalens fulde tekst på engelsk.
Agreement on
the Gaza Strip and the Jericho Area
Cairo, May 4, 1994
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
Definitions
For the purpose of this Agreement:
- the Gaza Strip and the Jericho Area are delineated
on map No. 1 and map No. 2 attached to this Agreement;
- "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;
- "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
- the term "Israelis" shall also include
Israeli statutory agencies and corporations registered
in Israel.
Article II
Scheduled Withdrawal of Israeli Military Forces
- 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.
- 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").
- 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.
- For the purposes of this Agreement, "Israeli
military forces" may include Israel police and
other Israeli security forces.
- 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.
- 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
- 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.
- 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.
- Arrangements for a smooth and peaceful transfer
of the agreed powers and responsibilities are set
out in Annex II.
- 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.
- 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.
- 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
Structure and Composition of the Palestinian Authority
- The 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.
- The 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.
- The PLO 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.
- Each member of the Palestinian Authority shall enter
into office upon undertaking to act in accordance
with this Agreement.
Article V
Jurisdiction
- The authority of the Palestinian Authority encompasses
all matters that fall within its territorial, functional
and personal jurisdiction, as follows:
- 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.
- 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.
- The personal jurisdiction extends to all persons
within the territorial jurisdiction referred to
above, except for Israelis, unless otherwise provided
in this Agreement.
- The Palestinian Authority has, within its authority,
legislative, executive and judicial powers and responsibilities,
as provided for in this Agreement.
-
- 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.
- 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.
- The exercise of authority with regard to the electromagnetic
sphere and airspace shall be in accordance with the
provisions of this Agreement.
- 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.
- 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
Powers and Responsibilities of the Palestinian Authority
- Subject to the provisions of this Agreement, the
Palestinian Authority, within its jurisdiction:
- has legislative powers as set out in Article
VII of this Agreement, as well as executive powers;
- will administer justice through an independent
judiciary;
- will 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
- will have, inter alia, the power to keep and
administer registers and records of the population,
and issue certificates, licenses and documents.
-
- In 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.
- Notwithstanding 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 only:
- economic agreements, as specifically provided
in Annex IV of this Agreement;
- agreements with donor countries for the
purpose of implementing arrangements for the
provision of assistance to the Palestinian
Authority;
- agreements 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 negotiations; and
- cultural, scientific and educational agreements.
- Dealings 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.
Article VII
Legislative Powers of the Palestinian Authority
- The Palestinian Authority will have the power, within
its jurisdiction, to promulgate legislation, including
basic laws, laws, regulations and other legislative
acts.
- Legislation promulgated by the Palestinian Authority
shall be consistent with the provisions of this Agreement.
- Legislation 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.
- Upon receipt 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.
- If the 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.
- Legislation 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.
- The 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.
- Where the 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 otherwise.
- Laws and 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.
Article VIII
Arrangements for Security and Public Order
- 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.
- Agreed security arrangements and coordination mechanisms
are specified in Annex I.
- A joint 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.
- The security arrangements provided for in this Agreement
and in Annex I may be reviewed at the request of either
Party and may be amended by mutual agreement of the
Parties. Specific review arrangements are included
in Annex I.
Article IX
The Palestinian Directorate of Police Force
- The 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.
- Except for 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.
- Except for 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.
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
Relations Between Israel and the Palestinian Authority
- Israel and 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
jurisdiction.
- Without 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.
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
The Joint Israeli-Palestinian Liaison Committee
- The Liaison 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.
- The Liaison Committee shall be composed of an equal
number of members from each Party. It may add other
technicians and experts as necessary.
- The Liaison Committee shall adopt its rules of procedure,
including the frequency and place or places of its
meetings.
- The Liaison Committee shall reach its decisions
by Agreement.
Article XVI
Liaison and Cooperation with Jordan and Egypt
- Pursuant to 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.
- The Continuing Committee shall decide by agreement
on the modalities of admission of persons displaced
from the West Bank and the Gaza Strip in 1967, together
with necessary measures to prevent disruption and
disorder.
- The Continuing Committee shall deal with other matters
of common concern.
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:
- 1.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.
- Disputes which cannot be settled by negotiations
may be settled by a mechanism of conciliation to be
agreed between the Parties.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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
Temporary International Presence
- The Parties 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.
- The TIP shall consist of 400 qualified personnel,
including observers, instructors and other experts,
from 5 or 6 of the donor countries.
- The two 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 Parties.
- The TIP shall be stationed and operate within the
following cities and villages: Gaza, Khan Yunis, Rafah,
Deir El Ballah, Jabaliya, Absan, Beit Hanun and Jericho.
- Israel 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.
Article XXII
Rights, Liabilities and Obligations
-
- 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.
- Any financial claim made in this regard against
Israel will be referred to the Palestinian Authority.
- 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.
- 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.
- 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.
- 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.
- 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
- This Agreement shall enter into force on the date
of its signing.
- 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.
- The five-year interim period referred to in the
Declaration of Principles commences on the date of
the signing of this Agreement.
- 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.
- 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.
- 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.
- 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.
- 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 Israel: For
the P.L.O.:
Witnessed By:
The United States of America
The Russian Federation
The Arab Republic of Egypt
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