7. 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.
8. 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.
9. 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 1. 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.
2. Agreed security arrangements and coordination mechanisms are specified in Annex I.
3. 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 Younis district and the Jericho district respectively (hereinafter “the DCOS”) are hereby established as provided for in Annex I.
4. 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 1. 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.
2. 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.
3. 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 1. 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.
2. Without derogating from the other provisions of this Agreement, Israel and the Palestinian Authority shall cooperate in combating 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 1. 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.
2. The Liaison Committee shall be composed of an equal number of members from each Party. It may add other technicians and experts as necessary.
3. The Liaison Committee shall adopt its rules of procedure, including the frequency and place or places of its meetings.
4. The Liaison Committee shall reach its decisions by Agreement.
ARTICLE XVI
Liaison and Cooperation with Jordan and Egypt 1. 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.
2. 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.
3. 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.
2. Disputes which cannot be settled by negotiations may be settled by a mechanism of conciliation to be agreed between the Parties.
3. 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: 1. 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.
2. 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.
3. 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.
4. 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.
5. 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 1. 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.
2. The TIP shall consist of 400 qualified personnel, including observers, instructors and other experts, from 5 or 6 of the donor countries.
3. The two Parties shall request the donor countries to establish a special fund to provide finance for the TIP.
4. 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.
5. The TIP shall be stationed and operate within the following cities and villages: Gaza, Khan Younis, Rafah, Deir al-Balah, Jabalya, Absan, Beit Hanun and Jericho.
6. 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 1. a. 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. a. Any financial claim made in this regard against Israel will be referred to the Palestinian Authority.
b. 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.
c. 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.
d. 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.
e. 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.
2. 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 1. This Agreement shall enter into force on the date of its signing.
2. The arrangements established by this Agreement shall remain in force until and to the extent superceded by the Interim Agreement referred to in the Declaration of Principles or any other agreement between the Parties.
3. The five-year Interim Period referred to in the Declaration of Principles commences on the date of the signing of this Agreement.
4. 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.
5. 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.
6. 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.
7. 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.
8. The Preamble to this Agreement, and all Annexes, Appendices and Maps attached hereto, shall constitute an integral part hereof.
Israeli Prime Minister Yitzhak Rabin and PLO Chairman Yasir Arafat: Speeches at the Signing of the Cairo Agreement (March 4, 1994)
Israeli Prime Minister Yitzhak Rabin
We witnessed, you witnessed, the world witnessed the tip of the iceberg of problems that we shall have to overcome in the implementation of even the first phase of the Declaration of Principles [DOP]. To overcome 100 years of animosity, suspicion, bloodshed, it’s not so simple. There is an opposition on both sides to what we are doing today, and it will require a lot, a lot on both sides to make sure that we will succeed and achieve peaceful coexistence and, in addition to the coexistence, to bring a permanent solution.
Today we signed the Gaza-Jericho First agreement, which is the first phase of implementation. It’s a very daring project, and we are committed by signature today to make sure that it will work. We will achieve our goals; we will be able to overcome all these problems.
In 1889, 105 years ago, Avraham Jablonsky, a blacksmith, was murdered in his clay hut in Wadi Khalil. Avraham Jablonsky was the first victim in the history of the Jewish settlement in Eretz Yisra’el in modern times. He was the first victim of the bloody conflict between us and the Palestinian people since our return to the land of our forefathers after 2,000 years of exile. Since Avraham Jablonsky’s death, the experience of our grandparents, parents, ourselves, and even our children and grandchildren has been almost solely one of blood and bereavement. For 100 years, this blood g
ave us no rest. What did we want? We wanted to return to the land of our forefathers, to the land of the Bible. We wanted a homeland; we wanted a home; we wanted a safe haven; we wanted a place to call our own; we wanted to live as all men live, to be like other nations. We wanted to live.
The war for the land of our forefathers took our best sons and daughters. It drained us of spiritual and physical energies and channeled our entire spiritual and physical existence to paths we did not want, to paths of pain. We deplore that. Even in our most difficult times, our hearts ached at the sights of devastation, hatred, and death. Even in our most bitter moments, we knew that the tears of a bereaved mother from within our midst are no different from the tears of another bereaved mother; that they are equally piercing and painful in any family; that the cries of despair are the same even when uttered in other languages.
We decided to try to put an end to this terrible circle of pain. We decided to look ahead at a different future. On 13 September 1993, on the White House lawn in Washington, we decided to embark on a new road. Tomorrow we will begin implementing the DOP. The DOP and its implementation—in Gaza and Jericho, at this point—is designed to attain a dual purpose: to enable the Palestinian authority to administer the lives of the Palestinians and to uphold public law and order in their places of residence. Our goal is to uphold security for Israelis wherever they may be, particularly in the wake of the change that is scheduled to take place in Gaza and Jericho. If the security of the Israelis is not ensured and if the Palestinians are not given new hope, the goal of the agreement will not be attained.
A great deal depends on the Palestinians. We are embarking on this new road with a lot of hope and with strong will, and we know that it entails wonderful chances as well as serious risks. We are convinced that both peoples can live on the same strip of land, every man under his vine and under his fig tree, as the Biblical prophets envisioned; to give this land, the land of stones and graves, the taste of milk and honey it deserves.
The Israel-Arab Reader Page 65
