Agreement on the Gaza Strip & the Jericho Area
(May 4, 1994)
The Government of the State of Israel and the Palestine Liberation Organization (hereinafter "the PLO"),
the representative of the Palestinian people;
PREAMBLE
WITHIN the framework of the Middle East peace process initiated at Madrid in October 1991;
REAFFIRMING their determination to live in peaceful coexistence, mutual dignity and
security, while recognizing their mutual legitimate and political rights;
REAFFIRMING their desire to achieve a just, lasting and comprehensive peace settlement
through the agreed political process;
REAFFIRMING their adherence to the mutual recognition and commitments expressed in the letters dated September 9, 1993 , signed by and exchanged between the
Prime Minister of Israel and the Chairman of the PLO;
REAFFIRMING their understanding that the interim self-government arrangements,
including the arrangements to apply in the Gaza Strip and the Jericho Area contained in this Agreement,
are an integral part of the whole peace process and that the negotiations on the permanent status will lead
to the implementation of Security Council Resolutions 242 and 338;
DESIROUS of putting into effect the Declaration of Principles on Interim Self-Government Arrangements signed at Washington, D.C. on September 13, 1993, and the
Agreed Minutes thereto (hereinafter "the Declaration of Principles"), and in particular the Protocol on
withdrawal of Israeli forces from the Gaza Strip and the Jericho Area;
HEREBY AGREE to the following arrangements regarding the Gaza Strip and the Jericho
Area:
ARTICLE I
DEFINITIONS
For the purpose of this Agreement:
- the Gaza Strip and the Jericho Area are delineated on map No. 1 and Article IX below
(hereinafter "the Palestinian Police").
- In order to carry out Israel's responsibility for external security and for internal security and public
order of Settlements and Israelis, Israel shall, concurrently with the withdrawal, redeploy its remaining
military forces to the Settlements and the Military Installation Area, in accordance with the provisions of
this Agreement. Subject to the provisions of this Agreement, this redeployment shall constitute full
implementation of Article XIII of the Declaration of Principles with regard to the Gaza Strip and the
Jericho Area only.
- For the purposes of this Agreement, "Israeli military forces" may include Israel police and other Israeli
security forces.
- Israelis, including Israeli military forces, may continue to use roads freely within the Gaza Strip and
the Jericho Area. Palestinians may use public roads crossing the Settlements freely, as provided for in
Annex I.
- The Palestinian Police shall be deployed and shall assume responsibility for public order and internal
security of Palestinians in accordance with this Agreement and Annex I.
ARTICLE 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
- Israel shall transfer authority as specified in this Agreement from the Israeli military government and
its Civil Administration to the Palestinian Authority, hereby established, in accordance with Article V of this Agreement, except for the authority that Israel shall continue to
exercise as specified in this Agreement.
- As regards the transfer and assumption of authority in civil spheres, powers and responsibilities shall
be transferred and assumed as set out in the Protocol Concerning Civil Affairs
attached as Annex II .
- Arrangements for a smooth and peaceful transfer of the agreed powers and responsibilities are set out
in Annex II.
- Upon the completion of the Israeli withdrawal and the transfer of powers and responsibilities as
detailed in paragraphs 1 and 2 above and in Annex II, the Civil Administration in the Gaza Strip and the
Jericho Area will be dissolved and the Israeli military government will be withdrawn. The withdrawal of
the military government shall not prevent it from continuing to exercise the powers and responsibilities
specified in this Agreement.
- A Joint Civil Affairs Coordination and Cooperation Committee (hereinafter "the CAC") and two Joint
Regional Civil Affairs Subcommittees for the Gaza Strip and the Jericho Area respectively shall be
established in order to provide for coordination and cooperation in civil affairs between the Palestinian
Authority and Israel, as detailed in Annex II.
- The offices of the Palestinian Authority shall be located in the Gaza Strip and the Jericho Area
pending the inauguration of the Council to be elected pursuant to the Declaration of Principles.
ARTICLE IV
STRUCTURE AND COMPOSITION OF THE PALESTINIAN AUTHORITY
- The Palestinian Authority will consist of one body of 24 members which shall carry out and be
responsible for all the legislative and executive powers and responsibilities transferred to it under this
Agreement, in accordance with this Article, and shall be responsible for the exercise of judicial functions
in accordance with Article VI, subparagraph 1.b. of this Agreement.
- The Palestinian Authority shall administer the departments transferred to it and may establish, within
its jurisdiction, other departments and subordinate administrative units as necessary for the fulfillment of
its responsibilities. It shall determine its own internal procedures.
- The PLO shall inform the Government of Israel of the names of the members of the Palestinian
Authority and any change of members. Changes in the membership of the Palestinian Authority will take
effect upon an exchange of letters between the PLO and the Government of Israel.
- Each member of the Palestinian Authority shall enter into office upon undertaking to act in accordance
with this Agreement.
ARTICLE V
JURISDICTION
- The authority of the Palestinian Authority encompasses all matters that fall within its territorial,
functional and personal jurisdiction, as follows:
- The territorial jurisdiction covers the Gaza Strip and the Jericho Area territory, as defined in Article I,
except for Settlements and the Military Installation Area.
Territorial jurisdiction shall include land, subsoil and territorial waters, in accordance with the provisions
of this Agreement.
- The functional jurisdiction encompasses all powers and responsibilities as specified in this Agreement.
This jurisdiction does not include foreign relations, internal security and public order of Settlements and
the Military Installation Area and Israelis, and external security.
- The personal jurisdiction extends to all persons within the territorial jurisdiction referred to above,
except for Israelis, unless otherwise provided in this Agreement.
- The Palestinian Authority has, within its authority, legislative, executive and judicial powers and
responsibilities, as provided for in this Agreement.
- Israel has authority over the Settlements, the Military Installation Area, Israelis, external security,
internal security and public order of Settlements, the Military Installation Area and Israelis, and those
agreed powers and responsibilities specified in this Agreement.
- Israel shall exercise its authority through its military government, which, for that end, shall continue to
have the necessary legislative, judicial and executive powers and responsibilities, in accordance with
international law. This provision shall not derogate from Israel's applicable legislation over Israelis in
personam.
- The exercise of authority with regard to the electromagnetic sphere and airspace shall be in accordance
with the provisions of this Agreement.
- The provisions of this Article are subject to the specific legal arrangements detailed in the Protocol Concerning Legal Matters attached as Annex III . Israel and the Palestinian
Authority may negotiate further legal arrangements.
- Israel and the Palestinian Authority shall cooperate on matters of legal assistance in criminal and civil
matters through the legal subcommittee of the CAC.
ARTICLE VI
POWERS AND RESPONSIBILITIES OF THE PALESTINIAN
AUTHORITY
- Subject to the provisions of this Agreement, the Palestinian Authority, within its jurisdiction:
- has legislative powers as set out in Article VII of this Agreement, as
well as executive powers;
- will administer justice through an independent judiciary;
- will have, inter alia, power to formulate policies, supervise their implementation, employ staff,
establish departments, authorities and institutions, sue and be sued and conclude contracts; and
- will have, inter alia, the power to keep and administer registers and records of the population, and
issue certificates, licenses and documents.
- In accordance with the Declaration of Principles, the Palestinian Authority will not have powers
and responsibilities in the sphere of foreign relations, which sphere includes the establishment abroad of
embassies, consulates or other types of foreign missions and posts or permitting their establishment in the
Gaza Strip or the Jericho Area, the appointment of or admission of diplomatic and consular staff, and the
exercise of diplomatic functions.
- Notwithstanding the provisions of this paragraph, the PLO may conduct negotiations and sign
agreements with states or international organizations for the benefit of the Palestinian Authority in the
following cases only:
- economic agreements, as specifically provided in Annex IV of this Agreement;
- agreements with donor countries for the purpose of implementing arrangements for the provision of
assistance to the Palestinian Authority;
- agreements for the purpose of implementing the regional development plans detailed in Annex IV of
the Declaration of Principles or in agreements entered into in the framework of the multilateral
negotiations; and
- cultural, scientific and educational agreements.
- Dealings between the Palestinian Authority and representatives of foreign states and international
organizations, as well as the establishment in the Gaza Strip and the Jericho Area of representative offices
other than those described in subparagraph 2.a. above, for the purpose of implementing the agreements
referred to in subparagraph 2.b. above, shall not be considered foreign relations.
ARTICLE VII
LEGISLATIVE POWERS OF THE PALESTINIAN
AUTHORITY
- The Palestinian Authority will have the power, within its jurisdiction, to promulgate legislation,
including basic laws, laws, regulations and other legislative acts.
- Legislation promulgated by the Palestinian Authority shall be consistent with the provisions of this
Agreement.
- Legislation promulgated by the Palestinian Authority shall be communicated to a legislation
subcommittee to be established by the CAC (hereinafter "the Legislation Subcommittee"). During a period
of 30 days from the communication of the legislation, Israel may request that the Legislation
Subcommittee decide whether such legislation exceeds the jurisdiction of the Palestinian Authority or is
otherwise inconsistent with the provisions of this Agreement.
- Upon receipt of the Israeli request, the Legislation Subcommittee shall decide, as an initial matter, on
the entry into force of the legislation pending its decision on the merits of the matter.
- If the Legislation Subcommittee is unable to reach a decision with regard to the entry into force of the
legislation within 15 days, this issue will be referred to a board of review. This board of review shall be
comprised of two judges, retired judges or senior jurists (hereinafter "Judges"), one from each side, to be
appointed from a compiled list of three Judges proposed by each.
In order to expedite the proceedings before this board of review, the two most senior Judges, one from
each side, shall develop written informal rules of procedure.
- Legislation referred to the board of review shall enter into force only if the board of review decides that
it does not deal with a security issue which falls under Israel's responsibility, that it does not seriously
threaten other significant Israeli interests protected by this Agreement and that the entry into force of the
legislation could not cause irreparable damage or harm.
- The Legislation Subcommittee shall attempt to reach a decision on the merits of the matter within 30
days from the date of the Israeli request. If this Subcommittee is unable to reach such a decision within
this period of 30 days, the matter shall be referred to the Joint Israeli-Palestinian Liaison Committee
referred to in Article XV below (hereinafter "the Liaison Committee").
This Liaison Committee will deal with the matter immediately and will attempt to settle it within 30
days.
- Where the legislation has not entered into force pursuant to paragraphs 5 or 7 above, this situation
shall be maintained pending the decision of the Liaison Committee on the merits of the matter, unless it
has decided otherwise.
- Laws and military orders in effect in the Gaza Strip or the Jericho Area prior to the signing of this
Agreement shall remain in force, unless amended or abrogated in accordance with this Agreement.
ARTICLE VIII
ARRANGEMENTS FOR SECURITY AND PUBLIC ORDER
- In order to guarantee public order and internal security for the Palestinians of the Gaza Strip and the
Jericho Area, the Palestinian Authority shall establish a strong police force, as set out in Article IX below.
Israel shall continue to carry the responsibility for defense against external threats, including the
responsibility for protecting the Egyptian border and the Jordanian line, and for defense against external
threats from the sea and from the air, as well as the responsibility for overall security of Israelis and
Settlements, for the purpose of safeguarding their internal security and public order, and will have all the
powers to take the steps necessary to meet this responsibility.
- Agreed security arrangements and coordination mechanisms are specified in Annex I .
- A joint Coordination and Cooperation Committee for mutual security purposes (hereinafter "the JSC"),
as well as three joint District Coordination and Cooperation Offices for the Gaza district, the Khan Yunis
district and the Jericho district respectively (hereinafter "the DCOs") are hereby established as provided
for in Annex I.
- The security arrangements provided for in this Agreement and in Annex I may be reviewed at the
request of either Party and may be amended by mutual agreement of the Parties. Specific review
arrangements are included in Annex I.
ARTICLE IX
THE PALESTINIAN DIRECTORATE OF POLICE FORCE
- The Palestinian Authority shall establish a strong police force, the Palestinian Directorate of Police
Force (hereinafter "the Palestinian Police"). The duties, functions, structure, deployment and composition
of the Palestinian Police, together with provisions regarding its equipment and operation, are set out in
Annex I, Article III. Rules of conduct governing the activities of the Palestinian Police are set out in
Annex I, Article VIII.
- Except for the Palestinian Police referred to in this Article and the Israeli military forces, no other
armed forces shall be established or operate in the Gaza Strip or the Jericho Area.
- Except for the arms, ammunition and equipment of the Palestinian Police described in Annex I, Article
III, and those of the Israeli military forces, no organization or individual in the Gaza Strip and the Jericho
Area shall manufacture, sell, acquire, possess, import or otherwise introduce into the Gaza Strip or the
Jericho Area any firearms, ammunition, weapons, explosives, gunpowder or any related equipment, unless
otherwise provided for in Annex I.
ARTICLE X
PASSAGES
Arrangements for coordination between Israel and the Palestinian Authority regarding the Gaza-Egypt
and Jericho-Jordan passages, as well as any other agreed international crossings, are set out in Annex I,
Article X.
ARTICLE XI
SAFE PASSAGE BETWEEN THE GAZA STRIP AND THE
JERICHO AREA
Arrangements for safe passage of persons and transportation between the Gaza Strip and the Jericho Area
are set out in Annex I, Article IX.
ARTICLE XII
RELATIONS BETWEEN ISRAEL AND THE PALESTINIAN
AUTHORITY
- Israel and the Palestinian Authority shall seek to foster mutual understanding and tolerance and shall
accordingly abstain from incitement, including hostile propaganda, against each other and, without
derogating from the principle of freedom of expression, shall take legal measures to prevent such
incitement by any organizations, groups or individuals within their jurisdiction.
- Without derogating from the other provisions of this Agreement, Israel and the Palestinian Authority
shall cooperate in combatting criminal activity which may affect both sides, including offenses related to
trafficking in illegal drugs and psychotropic substances, smuggling, and offenses against property,
including offenses related to vehicles.
ARTICLE XIII
ECONOMIC RELATIONS
The economic relations between the two sides are set out in the Protocol on
Economic Relations signed in Paris on April 29, 1994 and the Appendices thereto, certified copies
of which are attached as Annex IV, and will be governed by the relevant provisions of this Agreement and
its Annexes.
ARTICLE XIV
HUMAN RIGHTS AND THE RULE OF LAW
Israel and the Palestinian Authority shall exercise their powers and responsibilities pursuant to this
Agreement with due regard to internationally-accepted norms and principles of human rights and the rule
of law.
ARTICLE XV
THE JOINT ISRAELI-PALESTINIAN LIAISON
COMMITTEE
- The Liaison Committee established pursuant to Article X of the Declaration of Principles shall ensure
the smooth implementation of this Agreement. It shall deal with issues requiring coordination, other
issues of common interest and disputes.
- The Liaison Committee shall be composed of an equal number of members from each Party. It may add
other technicians and experts as necessary.
- The Liaison Committee shall adopt its rules of procedure, including the frequency and place or places
of its meetings.
- The Liaison Committee shall reach its decisions by Agreement.
ARTICLE XVI
LIAISON AND COOPERATION WITH JORDAN AND
EGYPT
- Pursuant to Article XII of the Declaration of Principles, the two Parties shall invite the Governments of
Jordan and Egypt to participate in establishing further liaison and cooperation arrangements between the
Government of Israel and the Palestinian representatives on the one hand, and the Governments of Jordan
and Egypt on the other hand, to promote cooperation between them. These arrangements shall include the
constitution of a Continuing Committee.
- The Continuing Committee shall decide by agreement on the modalities of admission of persons
displaced from the West Bank and the Gaza Strip in 1967, together with necessary measures to prevent
disruption and disorder.
- The Continuing Committee shall deal with other matters of common concern
ARTICLE XVII
SETTLEMENT OF DIFFERENCES AND DISPUTES
Any difference relating to the application of this Agreement shall be referred to the appropriate
coordination and cooperation mechanism established under this Agreement. The provisions of Article XV
of the Declaration of Principles shall apply to any such difference which is not settled through the
appropriate coordination and cooperation mechanism, namely:
- Disputes arising out of the application or interpretation of this Agreement or any subsequent
agreements pertaining to the interim period shall be settled by negotiations through the Liaison
Committee.
- Disputes which cannot be settled by negotiations may be settled by a mechanism of conciliation to be
agreed between the Parties.
- The Parties may agree to submit to arbitration disputes relating to the interim period, which cannot be
settled through conciliation. To this end, upon the agreement of both Parties, the Parties will establish an
Arbitration Committee.
ARTICLE XVIII
PREVENTION OF HOSTILE ACTS
Both sides shall take all measures necessary in order to prevent acts of terrorism, crime and hostilities
directed against each other, against individuals falling under the other's authority and against their
property, and shall take legal measures against offenders. In addition, the Palestinian side shall take all
measures necessary to prevent such hostile acts directed against the Settlements, the infrastructure serving
them and the Military Installation Area, and the Israeli side shall take all measures necessary to prevent
such hostile acts emanating from the Settlements and directed against Palestinians.
ARTICLE XIX
MISSING PERSONS
The Palestinian Authority shall cooperate with Israel by providing all necessary assistance in the conduct
of searches by Israel within the Gaza Strip and the Jericho Area for missing Israelis, as well as by
providing information about missing Israelis. Israel shall cooperate with the Palestinian Authority in
searching for, and providing necessary information about, missing Palestinians.
ARTICLE XX
CONFIDENCE BUILDING MEASURES
With a view to creating a positive and supportive public atmosphere to accompany the implementation of
this Agreement, and to establish a solid basis of mutual trust and good faith, both Parties agree to carry
out confidence building measures as detailed herewith:
- Upon the signing of this Agreement, Israel will release, or turn over, to the Palestinian Authority
within a period of 5 weeks, about 5,000 Palestinian detainees and prisoners, residents of the West Bank
and the Gaza Strip. Those released will be free to return to their homes anywhere in the West Bank or the
Gaza Strip. Prisoners turned over to the Palestinian Authority shall be obliged to remain in the Gaza Strip
or the Jericho Area for the remainder of their sentence.
- After the signing of this Agreement, the two Parties shall continue to negotiate the release of additional
Palestinian prisoners and detainees, building on agreed principles.
- The implementation of the above measures will be subject to the fulfillment of the procedures
determined by Israeli law for the release and transfer of detainees and prisoners.
- With the assumption of Palestinian authority, the Palestinian side commits itself to solving the problem
of those Palestinians who were in contact with the Israeli authorities. Until an agreed solution is found,
the Palestinian side undertakes not to prosecute these Palestinians or to harm them in any way.
- Palestinians from abroad whose entry into the Gaza Strip and the Jericho Area is approved pursuant to
this Agreement, and to whom the provisions of this Article are applicable, will not be prosecuted for
offenses committed prior to September 13, 1993.
ARTICLE XXI
TEMPORARY INTERNATIONAL PRESENCE
- The Parties agree to a temporary international or foreign presence in the Gaza Strip and the Jericho
Area (hereinafter "the TIP"), in accordance with the provisions of this Article.
- The TIP shall consist of 400 qualified personnel, including observers, instructors and other experts,
from 5 or 6 of the donor countries.
- The two Parties shall request the donor countries to establish a special fund to provide finance for the
TIP.
- The TIP will function for a period of 6 months. The TIP may extend this period, or change the scope of
its operation, with the agreement of the two Parties.
- The TIP shall be stationed and operate within the following cities and villages: Gaza, Khan Yunis,
Rafah, Deir El Ballah, Jabaliya, Absan, Beit Hanun and Jericho.
- Israel and the Palestinian Authority shall agree on a special Protocol to implement this Article, with
the goal of concluding negotiations with the donor countries contributing personnel within two
months.
ARTICLE XXII
RIGHTS, LIABILITIES AND OBLIGATIONS
- The transfer of all powers and responsibilities to the Palestinian Authority, as detailed in Annex II,
includes all related rights, liabilities and obligations arising with regard to acts or omissions which
occurred prior to the transfer. Israel will cease to bear any financial responsibility regarding such acts or
omissions and the Palestinian Authority will bear all financial responsibility for these and for its own
functioning.
- Any financial claim made in this regard against Israel will be referred to the Palestinian Authority.
- Israel shall provide the Palestinian Authority with the information it has regarding pending and
anticipated claims brought before any court or tribunal against Israel in this regard.
- Where legal proceedings are brought in respect of such a claim, Israel will notify the Palestinian
Authority and enable it to participate in defending the claim and raise any arguments on its behalf.
- In the event that an award is made against Israel by any court or tribunal in respect of such a claim, the
Palestinian Authority shall reimburse Israel the full amount of the award.
- Without prejudice to the above, where a court or tribunal hearing such a claim finds that liability rests
solely with an employee or agent who acted beyond the scope of the powers assigned to him or her,
unlawfully or with willful malfeasance, the Palestinian Authority shall not bear financial
responsibility.
- The transfer of authority in itself shall not affect rights, liabilities and obligations of any person or
legal entity, in existence at the date of signing of this Agreement.
ARTICLE XXIII
FINAL CLAUSES
- This Agreement shall enter into force on the date of its signing.
- The arrangements established by this Agreement shall remain in force until and to the extent
superseded by the Interim Agreement referred to in the Declaration of Principles or any other agreement
between the Parties.
- The five-year interim period referred to in the Declaration of Principles commences on the date of the
signing of this Agreement.
- The Parties agree that, as long as this Agreement is in force, the security fence erected by Israel around
the Gaza Strip shall remain in place and that the line demarcated by the fence, as shown on attached map
No. 1, shall be authoritative only for the purpose of this Agreement.
- Nothing in this Agreement shall prejudice or preempt the outcome of the negotiations on the interim
agreement or on the permanent status to be conducted pursuant to the Declaration of Principles. Neither
Party shall be deemed, by virtue of having entered into this Agreement, to have renounced or waived any
of its existing rights, claims or positions.
- The two Parties view the West Bank and the Gaza Strip as a single territorial unit, the integrity of
which will be preserved during the interim period.
- The Gaza Strip and the Jericho Area shall continue to be an integral part of the West Bank and the
Gaza Strip, and their status shall not be changed for the period of this Agreement. Nothing in this
Agreement shall be considered to change this status.
- The Preamble to this Agreement, and all Annexes, Appendices and maps attached hereto, shall
constitute an integral part hereof.
Done in Cairo this fourth day of May, 1994.
_______________________
For the Government of the
State of Israel
_______________________
For the PLO
Witnessed By:
_________________________
The United States of America
_________________________
The Russian Federation
_________________________
The Arab Republic of Egypt
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