Agreement on the Gaza Strip & the Jericho area
Documents
May
04, 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
DEFINITIONS
For the purpose of this Agreement:
a. the Gaza
Strip and the Jericho Area are delineated on map No. 1 and map
No. 2 attached to this Agreement;
b. "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;
c. "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
d. the term
"Israelis" shall also include Israeli statutory agencies and
corporations registered in Israel.
ARTICLE II
SCHEDULED WITHDRAWAL OF ISRAELI MILITARY FORCES
1. 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.
2. 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").
3. 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.
4. For the
purposes of this Agreement, "Israeli military forces" may
include Israel police and other Israeli security forces.
5. 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.
6. 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
1. 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.
2. 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 .
3.
Arrangements for a smooth and peaceful transfer of the agreed
powers and responsibilities are set out in Annex II.
4. 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.
5. 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.
6. 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
1. 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.
2. 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.
3. 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.
4. Each member
of the Palestinian Authority shall enter into office upon
undertaking to act in accordance with this Agreement.
ARTICLE V
JURISDICTION
1. The
authority of the Palestinian Authority encompasses all matters
that fall within its territorial, functional and personal
jurisdiction, as follows:
2. 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.
a. Territorial
jurisdiction shall include land, subsoil and territorial waters,
in accordance with the provisions of this Agreement.
b. 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.
c. The
personal jurisdiction extends to all persons within the
territorial jurisdiction referred to above, except for Israelis,
unless otherwise provided in this Agreement.
3. The
Palestinian Authority has, within its authority, legislative,
executive and judicial powers and responsibilities, as provided
for in this Agreement.
a. 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.
b. 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.
4. The
exercise of authority with regard to the electromagnetic sphere
and airspace shall be in accordance with the provisions of this
Agreement.
5. 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.
6. 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
1. Subject to
the provisions of this Agreement, the Palestinian Authority,
within its jurisdiction:
a. has
legislative powers as set out in Article VII of this Agreement,
as well as executive powers;
b. will
administer justice through an independent judiciary;
c. 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
d. will have,
inter alia, the power to keep and administer registers and
records of the population, and issue certificates, licenses and
documents.
2.
a.
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.
b.
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:
1. economic
agreements, as specifically provided in Annex IV of this
Agreement;
2. agreements
with donor countries for the purpose of implementing
arrangements for the provision of assistance to the Palestinian
Authority;
3. 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
4. cultural,
scientific and educational agreements.
c. 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
1. The
Palestinian Authority will have the power, within its
jurisdiction, to promulgate legislation, including basic laws,
laws, regulations and other legislative acts.
2. Legislation
promulgated by the Palestinian Authority shall be consistent
with the provisions of this Agreement.
3. 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.
4. 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.
5. 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.
6. 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.
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 Yunis 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 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
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
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 Yunis, Rafah, Deir El Ballah, Jabaliya,
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.
b. Any
financial claim made in this regard against Israel will be
referred to the Palestinian Authority.
c. 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.
d. 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.
e. 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.
f. 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 superseded 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.
Done in Cairo
this fourth day of May, 1994.
_______________________
For the Government of the
State of Israel
_______________________
For the PLO
Witnessed By:
_________________________
The United States of America
_________________________
The Russian Federation
_________________________
The Arab Republic of Egypt
*Annex 1 -
Withdrawal and Security Arrangements
*Annex 2 - Civil Affairs
*Annex 3 - Legal Matters
*Annex 4 - Economic Protocol
*Exchange of Letters - Arafat-Rabin
GAZA-JERICHO AGREEMENT
ANNEX I Protocol Concerning Withdrawal of Israeli Military
Forces and Security Arrangements
Article I
Arrangements for Withdrawal of Israeli Military Forces
1. Subject to
the provisions of this Annex, withdrawal of Israeli military
forces from the Gaza Strip and from the Jericho Area shall begin
on the date of the signing of this Agreement and shall be
completed within three weeks (21 days) from that date.
2.
a. The Joint Security Coordination and Cooperation Committee set
up under Article II hereunder shall develop a plan to ensure
full coordination between the Israeli military forces and the
Palestinian Police during the withdrawal phases and the entry
and deployment of the Palestinian Police.
b. This coordination will be implemented through the District
Coordination Offices set up under Article II hereunder, that
shall start functioning on the date of the signing of this
Agreement.
c. The plan will include arrangements for the entry of the
Palestinian Police, the introduction of police arms, ammunition
and equipment and related matters, as well as arrangements
intended to facilitate a smooth transfer of responsibility,
including the transfer of civil authority, so that no vacuum in
authority exists.
Article II
Coordination and Cooperation In Security Matters
1. Joint
Security Coordination and Cooperation Committee
a. A joint Security Coordination and Cooperation Committee for
Mutual Security Purposes (hereinafter "the JSC") is hereby
established.
b. The JSC shall:
1. recommend security policy guidelines for the approval of the
Joint Israeli-Palestinian Liaison Committee and implement such
approved guidelines;
2. deal with security issues raised by either side;
3. provide the proper channel for exchanging information between
the two sides, needed to solve security problems; and
4. provide directives for the District Coordination Offices.
c. The JSC shall comprise between five and seven members from
each side. Decisions of the JSC will be reached by agreement
between the two sides.
d. The JSC shall determine its rules of procedure. Meetings of
the JSC shall be held every two weeks. In the event that either
side requests a special meeting, it shall be convened within
forty-eight (48) hours.
e. Unless otherwise agreed by the two sides, JSC meetings will
be hosted by each of the sides alternately.
2. District
Coordination Offices
a. Three (3) District Coordination Offices are hereby
established, one each for the districts of Gaza, Khan Yunis and
Jericho (hereinafter "the DCOs").
b. The DCOs shall:
1. monitor and manage the matters requiring coordination as
determined by the JSC, according to the policy and guidelines
established by the JSC;
2. monitor and manage all matters of a joint nature within the
specific district of each DCO, including the coordination of
activities by one side which may affect the other side;
3. review, investigate and report to the JSC on the overall
situation within the DCO's respective district, with special
regard to specific events, incidents and activities occurring in
the district;
4. direct the Joint Patrols and Joint Mobile Units as defined in
this Article, operating within the DCO's respective district;
and
5. direct the Liaison Bureau established under Article X below,
operating at passages and crossing points as detailed in Article
VII and X below, in conjunction with the Joint Civil Affairs
Coordination and Cooperation Committee set up under Annex II to
the Agreement (hereinafter the "CAC").
c. Each DCO will be continuously staffed by a team of up to six
officers from each side, comprising one commander and five duty
officers.
d. The DCOs will be operated jointly by both sides, 24 hours a
day. At least one duty officer from each side will be present
during each eight-hour shift, as well as the necessary number of
assistants.
e. With a view to preventing friction and to enabling the two
sides to deal with possible incidents, both sides shall ensure
that the relevant DCO shall immediately be notified of any of
the following events:
1. routine, scheduled or irregular activity or deployment by the
Israeli military forces or the Palestinian Police that directly
affect the other side. This includes activity or deployment in
the proximity of Settlements or Palestinian villages, as the
case may be;
2. events that pose a threat to public order;
3. activities which disturb the regular flow of traffic on the
main roads, including roadblocks and road works;
4. incidents involving both Israelis and Palestinians, such as
road accidents, rescue of casualties or persons in mortal
danger, engagement steps or any incident in which a weapon is
used;
5. a terrorist action of any kind and from any source;
6. infiltrations across the lines of the Gaza Strip and the
Jericho Area; and
7. all cases in which Israelis are hospitalized in the Gaza
Strip or the Jericho Area or in which Palestinians of the Gaza
Strip or the Jericho Area are hospitalized in Israel.
f. Each DCO shall notify the relevant Israeli and Palestinian
headquarters, as well as the Joint Patrols and Joint Mobile
Units operating in the relevant district, of the occurrence of
any of the events listed in subparagraph e. above.
g. The JSC may modify the content of the list of events outlined
in subparagraph e. above.
h. Any event involving injury to Israelis, at any location
within the Gaza Strip or the Jericho Area, shall be immediately
reported to Israel through the relevant DCO. Israel may employ
any means necessary for the evacuation and treatment of such
injured persons, and will coordinate such activity through the
relevant DCO.
i. The DCOs shall be equipped with the necessary means of
communication to enable direct and immediate contact both with
the Joint Patrols and the Joint Mobile Units, as well as with
the respective district headquarters.
3. Joint
Patrols
a. The mission of the Joint Patrols is to ensure free, unimpeded
and secure movement along the roads and in the areas described
in Articles IV and V of this Annex.
b. Unless the JSC decides otherwise, the Joint Patrols shall
each be composed of two 4-wheel drive vehicles, one Palestinian
and one Israeli. The vehicles shall be marked so as to be easily
distinguishable from all other vehicles in the area. There will
be four persons in each vehicle: an officer, a signal operator,
a driver and a guard.
c. The Joint Patrols will patrol 24 hours a day, in vehicles and
on foot, along their routes of activity and on the adjacent
sides of the roads upon which the security of traffic along
these roads is dependent, or as directed by the DCO.
d. In roads under Israeli security responsibility, the Israeli
vehicle will be the leading vehicle. In roads under Palestinian
security responsibility, the Palestinian vehicle will be the
leading vehicle. The Joint Patrol will be under the direction of
the relevant DCO.
e. The Joint Patrols shall monitor continuously movement within
their area of operation with a view to preventing incidents that
may threaten or endanger persons using the roads. They shall
report any such incident or threat thereof to the relevant DCO,
and to the Israeli and Palestinian district headquarters.
f. On reaching the scene of an incident, the Joint Patrol will
provide as much assistance as possible. Where the incident is
dealt with by the authorities functioning in the area, the Joint
Patrol shall verify that the appropriate measures have been
taken and report to the relevant DCO accordingly.
g. Immediately upon becoming aware of the occurrence of one of
the events listed in subparagraph 2.e above, the Joint Patrols
shall report the event to the relevant DCO, as well as to the
respective headquarters of the two sides.
4. Joint
Mobile Units
a. The mission of the Joint Mobile Units is to provide rapid
response in the event of incidents and emergency situations, in
order to ensure free, unimpeded and secure movement at the
junctions where they are located, as well as along their
designated routes of activity.
b. The composition of the Joint Mobile Units shall be similar to
that of the Joint Patrols.
c. The duties of the Joint Mobile Units are:
1. to monitor movement along designated roads from stationary
locations on agreed junctions, from where they may patrol at
random on agreed roads as directed by the relevant DCO, in which
case their duties shall be the same as those of Joint Patrols;
and
2. in the event of an incident involving both Israelis and
Palestinians, to reach the site of the incident in order to
provide assistance and to investigate.
5. Review of
Security Arrangements
The JSC shall
meet six months after the signing of this Agreement, and at
six-month intervals thereafter, to review the security
arrangements and to recommend changes. Amendments will be
adopted by mutual agreement based, among other factors, on the
regular reports and recommendations received from the DCOs.
Article III
The
Palestinian Directorate of Police Force
1. General
The Palestinian Directorate of Police Force (hereinafter "the
Palestinian Police") shall function in accordance with the
following principles:
a. It will be responsible for public order and internal security
within the jurisdiction of the Palestinian Authority in
accordance with Article V of the Agreement.
b. Movement of Palestinian policemen between the Gaza Strip and
the Jericho Area will be conducted in accordance with Article IX
of this Annex.
2. Duties and
Functions
a. Subject to the provisions of this Agreement, in the areas
under Palestinian jurisdiction the duties of the Palestinian
Police shall be as follows:
1. performing normal police functions, including maintaining
internal security and public order;
2. protecting the public and its property and acting to provide
a feeling of security and safety;
3. adopting all measures necessary for preventing crime in
accordance with the law; and
4. protecting public installations and places of special
importance.
3. Structure
and Composition
a. The Palestinian Police shall consist of one integral unit
under the control of the Palestinian Authority. It shall be
composed of four branches:
1. Civil Police (Al Shurta);
2. Public Security;
3. Intelligence; and
4. Emergency Services and Rescue (Al Difa'a Al Madani).
In each district, all members of the four Police branches shall
be subordinate to one central command.
b. The Palestinian Police will establish a Palestinian Coastal
Police unit (hereinafter the "Palestinian Coastal Police") in
accordance with Article XI of this Annex.
c. The Palestinian Police will be comprised of up to 9,000
policemen in all its branches.
4. Recruitment
a. The Palestinian Police shall consist of policemen recruited
locally, and from abroad (from among individuals holding
Jordanian passports or Palestinian documents issued by Egypt).
The number of Palestinian recruits from abroad shall not exceed
7,000, of whom 1,000 will arrive three months after the signing
of the Agreement.
b. Palestinians recruited from abroad should be trained as
policemen. The employment of policemen who have been convicted
of serious crimes or have been found to be actively involved in
terrorist activities subsequent to their employment will be
immediately terminated. The list of Palestinians recruited,
whether locally or from abroad, shall be agreed on by both
sides.
c. Palestinian policemen coming from abroad may be accompanied
by spouse and children.
5. Arms,
Ammunition and Equipment
a. Uniformed policemen, as well as other policemen on duty who
hold special accreditation, may carry arms.
b. The Palestinian Police will possess the following arms and
equipment:
1. 7,000 light personal weapons.
2. Up to 120 machine guns of 0.3" or 0.5" caliber.
3. Up to 45 wheeled armored vehicles of a type to be agreed on
between the two sides, and of which 22 will be deployed in
protecting Palestinian Authority installations. The use of
wheeled armored vehicles in the Security Perimeter, on the
Lateral Roads and on their adjacent sides, or in the vicinity of
the Settlements shall be approved through the relevant DCO.
Movement of such vehicles along the central North-South road
(Road No. 4) in the Gaza Strip may take place only after
providing notification to the relevant DCO.
4. Communication systems, subject to Article II of Annex II of
this Agreement.
5. Distinctive uniforms, identification badges and vehicle
markings.
c. Relevant police equipment and infrastructure funded from the
budget of the Civil Administration shall be transferred to the
Palestinian Police.
6.
Introduction of Arms and Equipment and Foreign Assistance
a. All foreign contributions and other forms of assistance to
the Palestinian Police must comply with the provisions of this
Agreement.
b. The introduction into the Gaza Strip or the Jericho Area of
arms, ammunition or equipment for the Palestinian Police, from
all sources, shall be coordinated through the JSC.
7. Deployment
The
Palestinian Police shall be initially deployed in the Gaza Strip
and the Jericho Area as shown on attached maps Nos. 4 and 5. Any
changes to this deployment will be agreed on in the JSC.
Article IV
Security
Arrangements in the Gaza Strip
1. The
Delimiting Line
For the purpose of the present Agreement only, and without
prejudice to the final status, the line delimiting the northern
and eastern edge of the Gaza Strip follows the fence on the
ground, as delineated on attached map No. 1 by an unbroken green
line (hereinafter "the Delimiting Line") and shall have no other
effect.
2. Security
Perimeter
a. There will be a security perimeter along the Delimiting Line
inside the Gaza Strip as delineated on attached map No. 1 by a
broken green line (hereinafter "the Security Perimeter").
b. In accordance with the provisions of this Agreement, the
Palestinian Police will be responsible for security in the
Security Perimeter.
c. The Palestinian Police will enforce special security measures
aimed at preventing infiltrations across the Delimiting Line or
the introduction into the Security Perimeter of any arms,
ammunition or related equipment, except for the arms, ammunition
or equipment of the Palestinian Police, authorized through the
relevant DCO.
d. Activities of the Palestinian Police inside the Security
Perimeter will be coordinated through the relevant DCO. Security
activities in Israel in the vicinity of the Delimiting Line that
directly affect the other side will be coordinated with the
Palestinian Police through the relevant DCO.
3. The Israeli
Settlements
a. In accordance with the Declaration of Principles, during the
interim period, the Gush Katif and Erez settlement areas, as
well as the other settlements in the Gaza Strip, as delineated
on attached map No. 1 by a blue line, will be under Israeli
authority.
b. Palestinians will be free to move along the coast road and
along the road from the Netzarim Junction to the seashore.
4. The Yellow
Areas
a. In the areas delineated by a broken red line and shaded in
yellow on attached map No. 1 (hereinafter "the Yellow Areas"),
and without derogating from Palestinian authority,
responsibility will be shared as follows: The Israeli
authorities will have the overriding responsibility and powers
for security, and the Palestinian Authority will have the
responsibility and powers for civil affairs, subject to this
Agreement. In addition, with regard to the Yellow Areas,
cooperation and coordination in security matters, including
joint patrols, as agreed, will be implemented.
b. Entry of Palestinian policemen into the Yellow Areas and
their activity therein may take place as agreed upon through the
relevant DCO.
5. The Mawasi
Area
a. Two joint patrols will operate in the Mawasi area, the
fishermen's wharves of Rafah and Khan Yunis, and along the coast
road led by the Israeli vehicle.
b. Access of Palestinians to the Mawasi Area, as delineated on
attached map No. 1, will be by the following roads:
1. Rafah - Tel Sultan - Mawasi;
2. Khan Yunis - El Bahr Village; and
3. Deir El Ballah - along the beach to the Mawasi.
c. The Mawasi Beach
1. Notwithstanding Israeli authority over the Gush Katif
settlement area, the Palestinian Authority may operate sections
of the Mawasi beach extending to the east up to the coast road,
totalling, together with the Rafah and Khan Yunis wharves, five
(5) kilometers.
2. Upon the completion of the withdrawal of Israeli military
forces from the Gaza Strip and the Jericho Area, Israel will
notify the Palestinian Authority of the locations of these
sections.
3. These sections may be used for the following purposes:
a. sport and recreation, including boat hire facilities;
b. operating food establishments;
c. enlarging the wharves; and
d. expanding the facilities for fishermen, such as offices,
wharehouses and cold storage facilities.
4. In these sections, the Palestinian Authority, in exercising
its civil authority, will be able to grant licenses for
businesses, collect fees and taxes, set and enforce public
health standards and develop and manage the tourist sector.
5. In each of the fishermen's wharves, the Palestinian Authority
may have an office building which shall be protected.
6. There will be not be any construction by Israelis of new
sites along the beach.
7. During a period of three months from the signing of this
Agreement, Israel may consider, in light of the security
situation, the use by the Palestinian Authority of additional
beach sections.
6. The
Egyptian Border
The Military Installation Area along the Egyptian border in the
Gaza Strip, as delineated on attached map No. 1 by a blue line
and shaded in pink, will be under Israeli authority.
The village of Dahaniya will remain part of the Military
Installation Area pending a declaration of a general amnesty for
the residents of the village, and provision having been made for
their protection. Upon realization of the above amnesty and
protection, the village of Dahaniya will become part of the
Yellow Area.
7. Lateral
Roads to the Settlements
a. Without derogating from Palestinian authority and in
accordance with the Declaration of Principles:
1. On the three lateral roads connecting the Israeli settlements
in the Gaza Strip to Israel, namely: the Kissufim-Gush Katif
road; the Sufa-Gush Katif road; and the Karni-Netzarim road, as
delineated by a light blue line on attached map no. 1, including
the adjacent sides upon which the security of traffic along
these roads is dependent (hereinafter "the Lateral Roads"), the
Israeli authorities will have all necessary responsibilities and
powers in order to conduct independent security activity,
including Israeli patrols.
2. Joint Israeli-Palestinian patrols will operate along the
Lateral Roads. Such joint patrols will be led by the Israeli
vehicle.
3. Where the Israeli authorities carry out engagement steps,
they will do so with a view to transferring, at the earliest
opportunity, the continued handling of the incidents falling
within Palestinian responsibility, to the Palestinian Police.
4. Overpasses will be constructed on intersections between the
Lateral Roads and the central North-South road (Road No. 4).
5. These arrangements will be reviewed by the JSC one year after
the date of the signing of this Agreement.
b. Where the Lateral Roads overlap the Security Perimeter the
two sides, in the exercise of their respective powers and
responsibilities, will fully coordinate their activity in order
to prevent friction.
8. The Central
North-South Road (Road No. 4) A joint patrol led by the
Palestinian vehicle will be operated along the central
North-South road (Road No. 4) in the Gaza Strip between Kfar
Darom and Wadi Gaza.
9. Joint
Mobile Units
a. Joint Mobile Units will be located at the following
junctions:
1. the Nissanit junction;
2. the Netzarim junction:
3. the Deir el-Ballah junction; and
4. the Sufa-Morag junction.
b. At the Netzarim junction, the Israeli side of this Joint
Mobile Unit will check Israeli vehicles, which will then be able
to continue their journey without interference. This Joint
Mobile Unit will also operate as a Joint Patrol between the
Netzarim Junction and Wadi Gaza under the direction of the
relevant DCO.
10.
Coordination and Cooperation in the Gaza Strip Two DCOs will
function in the Gaza Strip as follows:
a. A DCO for the Gaza district, located at the Erez crossing
point with subordinate Joint Liaison Bureaus at the Erez and
Nahal Oz crossing points.
b. A DCO for the Khan Yunis district, located at the Nuriya Camp
with subordinate Joint Liaison Bureaus at the Sufa crossing
point and at the Rafah terminal.
Article V
Security
Arrangements in the Jericho Area1.
Clarifications Concerning the Jericho Area With regard to the
definition of the Jericho Area, as delineated on attached map
No. 2, it is hereby clarified that Route No. 90 crossing Auja
from South to North and the East-West road connecting Route No.
90 with Yitav, and their adjacent sides, shall remain under
Israeli authority. For the purpose of this Article, the width of
each such road and its adjacent sides, as shown on attached map
No. 2, shall extend at least 12 meters on each side measured
from its center.
2. A Joint
patrol led by the Palestinian vehicle shall operate along the
main North-South road crossing Jericho (Route No. 90).
3. Joint
Mobile Units
a. A Joint Mobile Unit shall be located at the Auja junction
being the intersection of Route No. 90 and the road to Yitav.
This unit shall be led by the Israeli vehicle, and may be
directed by the DCO to deal with certain incidents occurring on
the road between Auja and Jericho in which Palestinians are
involved.
b. A Joint Mobile Unit shall be located at the Nahal Elisha
junction on the road from Jericho to the Mousa Allami project.
4.
Coordination and Cooperation in the Jericho Area A DCO located
at the Vered Yericho crossing point will function in the Jericho
Area and will maintain a subordinate Joint Liaison Bureau in the
Allenby Terminal.
5.
a. Pending the entry into force of the interim agreement, the
holy site of Nebi Mousa will be under the auspices of the
Palestinian Authority, for religious purposes.
b. During religious events that take place three times a year
and other special occasions that will be coordinated with the
Israeli authorities, Palestinians will have the right to
religious pilgrimage to the al-Maghtas under the Palestinian
flag.
c. Palestinian private projects, as well as joint ventures in
accordance with the Declaration of Principles, will be located
as agreed on the shore of the Dead Sea.
d. Safe passage will be provided from the Jericho Area to Nebi
Mousa, al-Maghtas and the projects and ventures as agreed in
subparagraph c. above on the shore of the Dead Sea for the
aforementioned purposes.
6. Within
three months of the signing of this Agreement, Israel may
consider, in light of the security situation, the possibility of
widening of the Jericho Area.
Article VI
Security
Arrangements Concerning Planning, Building and Zoning
1.
Notwithstanding the provisions relating to planning, building
and zoning set out elsewhere in this Agreement, the provisions
of this Article shall apply with respect to the areas specified
below.
2. These
arrangements will be reviewed within a period of six months from
the signing of this Agreement and, thereafter, every six months,
with a view to modifying them, with due consideration to
Palestinian plans for establishing economic projects, and to the
security concerns of both sides.
3. The
limitations set out below on the construction of buildings and
installations in specific areas shall not require the demolition
or removal of existing buildings or installations.
4. The
existing buildings, installations and natural and artificial
culture in the Gaza Strip within a distance of 100 meters from
the Delimiting Line shall remain as they are at present.
5. Within the
next 500 meters of the Security Perimeter, and within the Yellow
Areas, buildings or installations may be constructed, provided
that:
a. one building or installation may be constructed on each plot,
the size of which shall not be less than 25 dunams; and
b. such building or installation shall not exceed two floors, of
a size not exceeding 180 sq. meters per floor.
The Palestinian Authority shall maintain the predominantly
agricultural character of the remaining areas of the Security
Perimeter.
6. Buildings
or installations shall not be constructed on either side of the
Lateral Roads up to a distance of 75 meters from the center of
these Roads.
7. In the
Jericho Area, no bridges or other structures will be built above
Route No. 90 which may prevent the movement on this road of
vehicles with a height of up to 5.25 meters.
8. For the
purpose of enforcing this Article, the United States will
provide both sides with satellite photographs of the Gaza Strip
depicting the buildings, installations and natural and
artificial culture existing at the time of the signing of this
Agreement.
Article VII
The
Crossing Points
1. General
a. Israel declares that work to relocate the Erez, Nahal Oz and
Sufa crossing points currently within the Gaza Strip, to a
location within Israel adjacent to the Delimiting Line, is
underway. Israel will attempt to complete this work not later
than 12 months from the date of the signing of this Agreement
with regard to the Erez crossing point, and not later than 8
months from the date of the signing of this Agreement with
regard to the Nahal Oz and Sufa crossing points. Pending the
completion of this work, Israel shall retain control over these
crossing points and operate them in accordance with the
provisions of this Article.
b. Israelis entering the Gaza Strip and the Jericho Area shall
carry Israeli documentation (if they are above the age of 16)
and, if driving a vehicle, a driving license and vehicle
registration documentation recognized in Israel. Tourists to
Israel entering the Gaza Strip and the Jericho Area shall carry
their passports and other relevant documentation.
c. Entry of residents of the Gaza Strip and the Jericho Area to
Israel shall be subject to Israeli laws and procedures
regulating entry into Israel, and such residents shall be
required to carry the identity card as agreed upon in this
Agreement, as well as documentation specified by Israel and
notified through the CAC to the Palestinian Authority.
d. The provisions of this Agreement shall neither prejudice the
use of safe passage nor Israel's right, for security and safety
considerations, to close the crossing points to Israel and to
prohibit or limit the entry into Israel of residents and of
vehicles from the Gaza Strip and the Jericho Area.
2. Passage
between the Gaza Strip and Israel
a. Passage between the Gaza Strip and Israel will be via one or
more of the following crossing points:
1. the Erez crossing point;
2. the Nahal Oz crossing point; and
3. the Sufa crossing point.
b. The Palestinian Authority may set up a checkpoint, within the
Gaza Strip, on the road leading to the Erez crossing point and
on the road leading to the Nahal Oz crossing point, at locations
to be coordinated between the two sides, for the purpose of
inspection and identification of passengers and vehicles.
Israelis and tourists to Israel passing through these
checkpoints may be only required to identify themselves by
presenting Israeli documentation or a passport, as set out in
subparagraph 1.b. above. The above requirements shall not apply
to uniformed members of the Israeli military forces.
c. The Palestinian Authority may set up a checkpoint, within the
Gaza Strip, on the road leading to the Sufa crossing point, at a
location acceptable to both sides, for the purpose of inspection
and identification of Palestinian passengers and vehicles.
Israeli vehicles may bypass this checkpoint unimpeded.
d. Passage of Israelis, and tourists to Israel, between the Gaza
Strip and Israel may, in addition, be via the following crossing
points:
1. the Karni crossing point;
2. the Kisufim crossing point;
3. the Kerem Shalom crossing point; and
4. the Elei Sinai crossing point.
e. Israelis, and tourists to Israel, who have passed through any
of the above crossing points into the Gaza Strip shall not be
required to undergo any inspection, identification or other
requirement in addition to the stated provisions for entry into
the Gaza Strip outlined in this Article.
Tourists to the Gaza Strip and the Jericho Area from countries
having diplomatic relations with Israel, who have passed through
an international crossing, will not be required to pass any
additional entry control before entry to Israel.
f. Arrangements for the movement of goods between the Gaza Strip
and Israel through the crossing points are set out in Annex IV.
g. A Palestinian liaison officer will be present at each of the
crossing points on the Lateral Roads.
3. Passage to
and from the Jericho Area
a. Passage between the Jericho Area and the rest of the West
Bank shall be governed by the same rules regulating the movement
of persons and vehicles within the West Bank, and shall not need
to be effected through designated crossing points.
b. Passage between the Jericho Area and Israel via the West Bank
shall be governed by the currently applicable rules regulating
the movement of persons and vehicles between the West Bank and
Israel.
Article
VIII
Rules of
Conduct in Security Matters
1. Subject to
the provisions of this Agreement, the security and public order
personnel of both sides shall exercise their powers and
responsibilities pursuant to this Agreement with due regard to
internationally-accepted norms of human rights and the rule of
law and shall be guided by the need to protect the public,
respect human dignity and avoid harassment.
2. In the
Yellow Areas and on the Lateral Roads and their adjacent sides,
vehicles bearing Israeli license plates shall not be stopped,
obstructed or delayed by the Palestinian Police, and no
identification shall be required.
3. On the
central North-South road (Road No. 4) in the Gaza Strip between
the Netzarim Junction and Kfar Darom, and on the main
North-South road crossing the Jericho Area (Route No. 90),
vehicles bearing Israeli license plates may be stopped for
identification by a Joint Patrol or a Joint Mobile Unit. The
Israeli side of such a patrol or unit may carry out identity and
vehicle documentation checks.
4. Without
prejudice to the provisions of this Article regarding the areas
mentioned in paragraphs 2 and 3 above, the following rules of
conduct shall apply throughout the rest of the Gaza Strip and
the Jericho Area:
a. Vehicles bearing Israeli license plates may be stopped by the
Palestinian Police for the purpose of checking the driving
license, and passengers' identity documentation (if above the
age of sixteen).
b. Israelis shall under no circumstances be apprehended,
arrested or placed in custody or prison by Palestinian
authorities.
However, where an Israeli is suspected of having committed of an
offense, he or she may be detained in place by the Palestinian
Police while ensuring his or her protection, in accordance with
the provisions of Annex III, until the arrival of a Joint Patrol
or Joint Mobile Unit, called immediately by the Palestinian
Police, or of other Israeli representatives dispatched by the
relevant DCO.
5. Pedestrians
may be required to produce identity documentation (if above the
age of sixteen). Thereafter, they shall be treated in accordance
with the provisions of this Article.
6. Uniformed
members of the Israeli military forces, as well as vehicles of
the Israeli military forces, shall not be stopped by the
Palestinian Police in any circumstances, and shall not be
subject to any identification requirements. Without derogating
from the above, in the event of suspicion regarding such a
person or vehicle, the Palestinian Police may notify the Israeli
authorities through the relevant DCO, in order to request
appropriate assistance.
7.
Notwithstanding the provisions of this Article, persons who are
subject to identification pursuant to this Article and who claim
to be Israelis but cannot present appropriate identification
documentation may be detained in place by the Palestinian
Police, in accordance with the provisions of Annex III, until
the arrival of a Joint Patrol or Joint Mobile Unit, called by
the Palestinian Police, or of other Israeli representatives
dispatched by the relevant DCO.
8.
a. Each side shall enforce upon civilians subject to its
authority a prohibition on possession or carrying weapons
without a license.
b. The Palestinian Authority may grant licenses to possess or
carry pistols for civilian use. The modalities for granting such
licenses, as well as categories of persons who may be granted
such licenses, will be agreed upon in the JSC.
9. Rules of
Engagement
a. For the purpose of this Article, "engagement" shall mean an
immediate response to an act or an incident constituting a
danger to life or property that is aimed at preventing or
terminating such an act or incident, or at apprehending its
perpetrators.
b. Within the territory under the jurisdiction of the
Palestinian Authority, in places where Israeli authorities
exercise their security functions in accordance with this Annex,
and in their immediate vicinities, the Israeli authorities may
carry out engagement steps in cases where an act or an incident
requires such action. In such cases, the Israeli authorities
will take any measures necessary to bring to an end such an act
or incident with a view to transferring, at the earliest
opportunity, the continued handling of the incident falling
within the Palestinian responsibility to the Palestinian Police.
The Palestinian Authority will immediately be notified, through
the relevant DCO, of such engagement steps.
c. Engagement with the use of firearms shall not be allowed,
except as a last resort after all attempts at controlling the
act or the incident such as warning the perpetrator or shooting
in the air have failed. Use of firearms should be aimed at
deterring and not at killing the perpetrator. The use of
firearms shall cease once the danger is past.
d. Any activity involving the use of firearms other than for
immediate operational purposes shall be subject to prior
notification to the relevant DCO.
10. If a
person is injured or otherwise in need of assistance, such
assistance will be provided by the side that first reaches the
site. If such a person is under the authority of the other side,
the assisting side shall notify the relevant DCO and the
appropriate provisions of Article II of this Annex, as well as
the provisions of Annex II, Article II, regarding arrangements
for treatment and hospitalization, shall be applied.
Article IX
Arrangements
for Safe Passage Between the Gaza Strip and the Jericho Area
1. General
a. There shall be safe passage between the Gaza Strip and the
Jericho Area for residents of the Gaza Strip and the Jericho
Area and visitors to these areas from abroad, as detailed in
this Article.
b. Israel will ensure safe passage during daylight hours (from
sunrise to sunset) for persons and transportation.
c. Safe passage will be effected via the following designated
crossing points:
1. the Erez crossing point; and
2. the Vered Yericho crossing point.
d. Israel will make safe passage available through one or more
of the routes delineated on attached map No. 3.
2. The usage
of safe passage
a. As detailed
below, persons using safe passage shall carry, in addition to
the personal and vehicle documentation, the following documents:
1. a safe
passage card; and
2. (for
drivers only) a vehicle safe passage permit.
Arrangements
for implementation of safe passage, as well as modalities for
the issuance by Israel of safe passage cards and vehicle safe
passage permits, shall be discussed and agreed in the CAC.
b. Residents
of the Gaza Strip and the Jericho Area in possession of a permit
enabling them to enter Israel will be able to use this permit as
a safe passage card.
c. Safe
passage cards and vehicle safe passage permits shall be stamped
by the Israeli authorities at the crossing point with the time
of departure from the crossing point and the estimated time of
arrival.
d. Residents
of the Gaza Strip and the Jericho Area who are denied entry into
Israel may be permitted by Israel to use safe passage in
accordance with special arrangements to be made in each
individual case through the JSC.
e. Special
arrangements will apply with respect to passage of Palestinian
leaders, senior Palestinian Authority officials and
distinguished personalities. The CAC will define the scope and
nature of these special arrangements, in consultation with the
JSC.
f. The mode of
passage of Palestinian policemen on duty, between the Gaza Strip
and the Jericho Area, will be coordinated through the JSC.
g. Any
additional matters relating to the usage of safe passage will be
coordinated through the JSC.
3. Passage and
Mode of Transit
a. Persons and
vehicles in transit under these arrangements shall neither break
their journey nor depart from the designated routes, and shall
complete the transit within the designated time stamped on their
safe passage cards and permits, unless a delay is caused by a
medical emergency or a technical breakdown.
b. Persons
using safe passage shall be subject to the laws and regulations
applicable in Israel and in the West Bank respectively.
c. Persons and
vehicles using safe passage shall not carry explosives, firearms
or other weapons or ammunition, except for special cases that
will be agreed to in the JSC.
4. General
Provisions Regarding the Routes
a. The above
arrangements shall in no way affect the status of the routes
used for safe passage.
b. Routes used
for safe passage shall be closed on Yom Kippur, Israel's
Memorial Day and Israel's Independence Day.
c. Without
prejudice to the use of safe passage, Israel may, for security
or safety reasons, temporarily modify the arrangements for safe
passage. Notice of such temporary modification shall be given to
the Palestinian authority through the JSC. At least one route of
safe passage shall, however, remain open.
d. Israel
shall notify the Palestinian Authority of incidents involving
persons using safe passage.
Article X
Passages
1. General
a. While Israel remains responsible during the interim period
for external security, including along the Egyptian border and
the Jordanian line, border crossing shall take place according
to the arrangements included in this Article. These arrangements
aim at creating a mechanism that facilitates the entry and exit
of people and goods, reflecting the new reality created by the
Declaration of Principles, while providing full security for
both sides.
b. The arrangements included in this Article shall apply to the
following border crossings:
1. the Allenby
Bridge crossing; and
2. the Rafah
crossing.
c. The same
arrangements will be applied by the Parties, with the necessary
adjustments, to agreed seaports, airports or other international
crossings, such as the Abdullah and Damya bridges.
d. The two
sides are determined to do their utmost to maintain the dignity
of persons passing through the border cro |