The Israel-Arab Reader

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The Israel-Arab Reader Page 69

by Walter Laqueur


  Tomorrow, on the way up to Jerusalem, thousands of flowers will cover the remains of those rusting armored vehicles, the ones that never made it to the city. Tomorrow, from those silent metal heaps, thousands of flowers will smile to us with the word peace: “shalom.”

  In the Bible, our Book of Books, peace is mentioned, in its various idioms, 237 times. In the Bible, from which we draw our values and our strength, in the Book of Jeremiah, we find a lamentation for Rachel the Matriarch. It reads:

  Refrain your voice from weeping, and your eyes from tears: for their work shall be rewarded, says the Lord.

  I will not refrain from weeping for those who are gone. But on this summer day in Washington, far from home, we sense that our work will be rewarded, as the prophet foretold.

  The Jewish tradition calls for a blessing on every new tree, every new fruit, on every new season. Let me conclude with the ancient Jewish blessing that has been with us in exile, and in Israel, for thousands of years:

  “Blessed are You, O Lord, who has preserved us, and sustained us, and enabled us to reach this time.”

  Israel and Jordan: Peace Treaty (October 26, 1994)

  PREAMBLE

  The government of the Hashemite Kingdom of Jordan and the government of the State of Israel:

  Bearing in mind the Washington Declaration, signed by them on 25 July 1994 and which they are both committed to honor.

  Aiming at the achievement of a just, lasting, and comprehensive peace in the Middle East based on Security Council resolutions 242 and 318 in all their aspects;

  Bearing in mind the importance of maintaining and strengthening peace based on freedom, equality, justice, and respect for fundamental and human rights: thereby overcoming psychological barriers and promoting human dignity;

  Reaffirming their faith in the purposes and the principles of the Charter of the United Nations and recognizing their right and obligation to live in peace with each other as well as with all states, within secure and recognized boundaries;

  Desiring to develop friendly relations and cooperation between them in accordance with the principles of international law governing international relations in times of peace;

  Desiring as well to ensure lasting security for both their states and, in particular, to avoid threats and the use of force between them;

  Bearing in mind that in their Washington Declaration of 25 July 1994, they declared the termination of the state of belligerency between them;

  Deciding to establish peace between them in accordance with this treaty of peace;

  Have agreed as follows:

  ARTICLE 1—ESTABLISHMENT OF PEACE

  Peace is hereby established between the Hashemite Kingdom of Jordan and the State of Israel (the parties) effective from the exchange of the instruments of ratifications of this treaty.

  ARTICLE 2—GENERAL PRINCIPLES

  The parties will apply between them the provisions of the Charter of the United Nations and the principles of international law governing relations among states in times of peace. In particular: a. They recognize and will respect each other’s sovereignty, territorial integrity, and political independence.

  b. They recognize and will respect each other’s right to live in peace within secure and recognized boundaries.

  c. They will develop good neighborly relations of cooperation between them to ensure lasting security, will refrain from the threat or use of force against each other, and will settle all disputes between them by peaceful means.

  d. They respect and recognize the sovereignty, territorial integrity, and political independence of every state in the region.

  e. They respect and recognize the pivotal role of human development and dignity in regional and bilateral relationships.

  f. They further believe that within their control, involuntary movements of persons in such a way as to adversely prejudice the security of either party should not be permitted.

  ARTICLE 3—INTERNATIONAL BOUNDARY a. The international boundary between Israel and Jordan is delimited with reference to the boundary definition under the Mandate as is shown in Annex I (a), on the mapping materials attached thereto and coordinates specified therein.

  b. The boundary, as set out in Annex I (a), is the permanent, secure, and recognized international boundary between Israel and Jordan, without prejudice to the status of any territories that came under Israeli military government control in 1967.

  c. The parties recognize the international boundary, including the territorial waters and airspace, as inviolable, and will respect and comply with them.

  d. The demarcation of the boundary will take place as set forth in the Appendix I to Annex I (a) and will be concluded no later than nine months after the signing of the treaty.

  e. It is agreed that where the boundary follows a river, in the event of natural changes in the course of the flow of the river as described in Annex I (a), the boundary shall follow the new course of the flow. In the event of any other changes, the boundary shall not be affected unless otherwise agreed.

  f. Immediately upon the exchange of the instruments of ratification of this treaty, each party will deploy on each side of the international boundary as defined in Annex I (a).

  g. The parties shall, upon the signature of the treaty, enter into the negotiations to conclude, within nine months, an agreement on the delimitation of their maritime boundary in the Gulf of Akaba.

  h. Taking into account the special circumstances of the Bakura/ Naharayim area, which is under Jordanian sovereignty, with Israeli private ownership rights, the parties agreed to apply the provisions set out in Annex I (b).

  i. With respects to the Tzofar area the provisions set out in Annex I (c) will apply.

  ARTICLE 4—SECURITY 1. a. Both parties, acknowledging that mutual understanding and cooperation in security-related matters will form a significant part of their relations and will further enhance the security of the region, take upon themselves to base their security relations on mutual trust, advancement of joint interests and cooperation, and to aim towards a regional framework of partnership in peace.

  b. Towards that goal, the parties recognize the achievements of the European Community and European Union in the development of the Conference on Security and Cooperation in Europe (CSCE) and commit themselves to the creation, in the Middle East, of a CSCME (Conference on Security and Cooperation in the Middle East).

  This commitment entails the adoption of regional models of security successfully implemented in the post World War era (along the lines of the Helsinki process) culminating in a regional zone of security and stability.

  2. The obligations referred to in this article are without prejudice to the inherent right of self-defense in accordance with the United Nations Charter.

  3. The parties undertake, in accordance with the provisions of this article, the following: a. To refrain from the threat or use of force or weapons, conventional, non-conventional, or of any other kind, against each other or of other actions or activities that adversely affect the security of the other party;

  b. To refrain from organizing, instigating, inciting, assisting, or participating in acts or threats of belligerency, hostility, subversion, or violence against the other party;

  c. To take necessary and effective measures to ensure that acts or threats of belligerency, hostility, subversion, or violence against the other party do not originate from, and are not committed within, their territory (hereinafter the term “territory” includes the airspace and territorial waters), or through or over their territory.

  4. Consistent with the era of peace and with the efforts to build regional security and to avoid and prevent aggression and violence, the parties further agree to refrain from the following: a. Joining or in any way assisting, promoting, or cooperating with any coalition, organization, or alliance with a military or security character with a third party, the objectives or activities of which include launching aggression or other acts of military hostility against the other party, in
contravention of the provisions of the present treaty;

  b. Allowing the entry, stationing, and operating on their territory, or through it, of military forces, personnel, or material of a third party, in circumstances which may adversely prejudice the security of the other party.

  5. Both parties will take necessary and effective measures, and will cooperate in combating terrorism of all kinds. The parties undertake: a. To take necessary and effective measures to prevent acts of terrorism, subversion, or violence from being carried out from their territory or through it, and to take necessary and effective measures to combat such activities and all their perpetrators;

  b. Without prejudice to the basic rights of freedom of expression and association, to take necessary and effective measures to prevent the entry, presence and operations in their territory of any group or organization, and its infrastructure, which threatens the security of the other party by the use or incitement to the use of violent means;

  c. To cooperate in preventing and combating cross-boundary infiltrations.

  6. Any question as to the implementation of this article will be dealt with through a mechanism of consultation which will include a liaison system, verification, supervision, and where necessary, other mechanisms, and higher level consultation. The details of the mechanism of consultation will be contained in an agreement to be concluded by the parties within three months of the exchange of the instruments of ratification of this treaty.

  7. To work as a matter of priority and as soon as possible in the context of the multilateral working groups on arms control and regional security, and jointly, toward the following: a. The creation in the Middle East of a region free from hostile alliances and coalitions;

  b. The creation of a Middle East free from weapons of mass destruction, both conventional and non-conventional, in the context of a comprehensive, lasting, and stable peace, characterized by the renunciation of the use of force, reconciliation, and goodwill.

  ARTICLE 5—DIPLOMATIC AND OTHER BILATERAL RELATIONS 1. The parties agree to establish full diplomatic and consular relations and to exchange resident ambassadors within one month of the exchange of the instruments of ratification of this treaty.

  2. The parties agree that the normal relationship between them will further include economic and cultural relations.

  ARTICLE 6—WATER

  With the view to achieving a comprehensive and lasting settlement of all the water problems between them: 1. The parties agree mutually to recognize the rightful allocations of both of them in Jordan River, Yarmuk River waters, and Arab/ Arava ground water in accordance with the agreed acceptable principles, quantities, and quality as set out in Annex II, which shall be fully respected and complied with;

  2. The parties, recognizing the necessity to find a practical, just, and agreed solution to their water problems and with the view that the subject of water can form the basis for the advancement of cooperation between them, jointly undertake to ensure that the management and development of their water resources do not, in any way, harm the water resources of the other party;

  3. The parties recognize that their water resources are not sufficient to meet their needs. More water should be supplied for their use through various methods, including projects of regional and international cooperation;

  4. In light of paragraph 2a, with the understanding that the cooperation in water-related subjects would be to the benefit of both parties, and will help alleviate their water shortages, and that water issues along their entire boundary must be dealt with in their totality, including the possibility of trans-boundary water transfers, the parties agreed to search for ways to alleviate water shortages and to cooperate in the following fields: a. Development of existing and new water resources increasing the water availability, including on a regional basis, as appropriate, and minimizing wastage of water resources through the chain of their uses;

  b. Prevention of contamination of water resources;

  c. Mutual assistance in the alleviation of water shortages;

  d. Transfer of information and joint research and development in water-related subjects, and review of the potentials for enhancement of water resources development and use;

  5. The implementation of both countries’ undertakings under this article is detailed in Annex II.

  ARTICLE 7—ECONOMIC RELATIONS 1. Viewing economic development and prosperity as pillars of peace, security, and harmonious relations between states, peoples, and individual human beings, the parties, taking note of understandings reached between them, affirm their mutual desire to promote economic cooperation between them, as well as within the framework of wider regional economic cooperation.

  2. In order to establish this goal, the parties agree to the following: a. To remove all discriminatory barriers to normal economic relations, to terminate economic boycotts directed at each other, and to cooperate in terminating boycotts against each other by third parties;

  b. Recognizing that the principle of free and unimpeded flow of goods and services should guide their relations, the parties will enter into negotiations with a view to concluding agreements on economic cooperation, including trade and the establishment of a free trade area, investment, banking, industrial cooperation, and labor, for the purpose of promoting beneficial economic relations, based on principles to be agreed upon, as well as on human development considerations on a regional basis. These negotiations will be concluded no later than six months from the exchange the instruments of ratification of the treaty;

  c. To cooperate bilaterally, as well as in multilateral forums, toward the promotion of their respective economies and of their neighborly economic relations with other regional parties.

  ARTICLE 8—REFUGEES AND DISPLACED PERSONS 1. Recognizing the massive human problems caused by both parties by the conflict in the Middle East, as well as the contribution made by them towards the alleviation of human suffering. The parties will seek to further alleviate those problems arising on a bilateral level.

  2. Recognizing that the above human problems caused by the conflict in the Middle East cannot be fully resolved on the bilateral level, the parties will seek to resolve them in appropriate forums, in accordance with international law, including the following: a. In the case of displaced persons, in a quadripartite committee together with Egypt and the Palestinians;

  b. In the case of refugees, • (i) in the framework of the work of the Multilateral Group on Refugees;

  • (ii) in negotiations, in a framework to be agreed, bilateral or otherwise, in conjunction with and at the same time as the permanent status negotiations pertaining to the territories referred to in Article 3 of this treaty.

  3. Through the implementation of agreed United Nations programs and other agreed international economic programs concerning refugees and displaced persons, including assistance to their settlement.

  ARTICLE 9—PLACES OF HISTORICAL AND RELIGIOUS SIGNIFICANCE 1. Each party will provide freedom of access to places of religious and historical significance.

  2. In this regard, in accordance with the Washington Declaration, Israel respects the present special role of the Hashemite Kingdom of Jordan in Moslem holy shrines in Jerusalem. When negotiations on the permanent status will take place, Israel will give high priority to the Jordanian historic role in these shrines.

  3. The parties will act together to promote interfaith relations among the three monotheistic religions, with the aim of working towards religious understanding, moral commitment, freedom of religious worship, and tolerance and peace.

  ARTICLE 10—CULTURAL AND SCIENTIFIC EXCHANGES

  The parties, wishing to remove biases developed through periods of conflict, recognize the desirability of cultural and scientific exchanges in all fields, and agree to establish normal cultural relations between them. Thus, they shall, as soon as possible and not later than nine months from the exchange of the instruments of ratification of this treaty, conclude the negotiations on cultural and scientific agreements.

>   ARTICLE 11—MUTUAL UNDERSTANDING AND GOOD NEIGHBORLY RELATIONS 1. The parties will seek to foster mutual understanding and tolerance based on shared historic values, and accordingly undertake: a. To abstain from hostile or discriminatory propaganda against each other, and to take all possible legal and administrative measures to prevent the dissemination of such propaganda by any organization or individual present in the territory of either party;

  b. As soon as possible, and not later that three months from the exchange of the instruments of ratification of this treaty, to repeal all adverse or discriminatory references and expressions of hostility in their respective legislation;

  c. To refrain in all government publications from any such reference or expressions;

  d. To ensure mutual enjoyment by each other’s citizens of due process of law within their respective legal systems and before their courts.

  2. Article 1 (a) is without prejudice to the right to freedom of expression as contained in the International Covenant on Civil and Political Rights.

  3. A joint committee shall be formed to examine incidents where one party claims there has been a violation of this article.

  ARTICLE 12—COMBATING CRIME AND DRUGS

  The parties will cooperate in combating crime, with an emphasis on smuggling, and will take all necessary measures to combat and prevent such activities as the production of, as well as the trafficking in illicit drugs, and will bring to trial perpetrators of such acts. In this regard, they take note of the understandings reached between them in the above spheres, as per Annex III and undertake to conclude all relevant agreements no later than nine months from the date of the exchange of the instruments of ratification of this treaty.

 

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