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Article XVII Jurisdiction
1. In accordance with the DOP, the jurisdiction of the Council will
cover West Bank and Gaza Strip territory as a single territorial unit,
except for:
a. issues that will be negotiated in the permanent status negotiations:
Jerusalem, settlements, specified military locations, Palestinian refugees,
borders, foreign relations and Israelis; and
b. powers and responsibilities not transferred to the Council.
2. Accordingly, the authority of the Council encompasses all matters
that fall within its territorial, functional and personal jurisdiction,
as follows:
a. The territorial jurisdiction of the Council shall encompass Gaza
Strip territory, except for the Settlements and the Military Installation
Area shown on map No. 2, and West Bank territory, except for Area C which,
except for the issues that will be negotiated in the permanent status negotiations,
will be gradually transferred to Palestinian jurisdiction in three phases,
each to take place after an interval of six months, to be completed 18
months after the inauguration of the Council. At this time, the jurisdiction
of the Council will cover West Bank and Gaza Strip territory, except for
the issues that will be negotiated in the permanent status negotiations.
Territorial jurisdiction includes land, subsoil and territorial waters,
in accordance with the provisions of this Agreement.
b. The functional jurisdiction of the Council extends to all powers
and responsibilities transferred to the Council, as specified in this Agreement
or in any future agreements that may be reached between the Parties during
the interim period.
c. The territorial and functional jurisdiction of the Council will
apply to all persons, except for Israelis, unless otherwise provided in
this Agreement.
d. Notwithstanding subparagraph a. above, the Council shall have functional
jurisdiction in Area C, as detailed in Article IV of Annex III.
3. The Council has, within its authority, legislative, executive and
judicial powers and responsibilities, as provided for in this Agreement.
4. a. Israel, through its military government, has the authority over
areas that are not under the territorial jurisdiction of the Council, powers
and responsibilities not transferred to the Council and Israelis.
b. To this end, the Israeli military government shall retain 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.
5. The exercise of authority with regard to the electromagnetic sphere
and air space shall be in accordance with the provisions of this Agreement.
6. Without derogating from the provisions of this Article, legal arrangements
detailed in the Protocol Concerning Legal Matters attached as Annex IV
to this Agreement (hereinafter "Annex IV") shall be observed.
Israel and the Council may negotiate further legal arrangements.
7. Israel and the Council shall cooperate on matters of legal assistance
in criminal and civil matters through a legal committee (hereinafter "the
Legal Committee"), hereby established.
8. The Council's jurisdiction will extend gradually to cover West Bank
and Gaza Strip territory, except for the issues to be negotiated in the
permanent status negotiations, through a series of redeployments of the
Israeli military forces. The first phase of the redeployment of Israeli
military forces will cover populated areas in the West Bank - cities, towns,
refugee camps and hamlets, as set out in Annex I - and will be completed
prior to the eve of the Palestinian elections, i.e. 22 days before the
day of the elections. Further redeployments of Israeli military forces
to specified military locations will commence immediately upon the inauguration
of the Council and will be effected in three phases, each to take place
after an interval of six months, to be concluded no later than eighteen
months from the date of the inauguration of the Council.
Article XVIII Legislative Powers of the Council
1. For the purposes of this Article, legislation shall mean any primary
and secondary legislation, including basic laws, laws, regulations and
other legislative acts.
2. The Council has the power, within its jurisdiction as defined in
Article XVII of this Agreement, to adopt legislation.
3. While the primary legislative power shall lie in the hands of the
Council as a whole, the Ra'ees of the Executive Authority of the Council
shall have the following legislative powers:
a. the power to initiate legislation or to present proposed legislation
to the Council;
b. the power to promulgate legislation adopted by the Council; and
c. the power to issue secondary legislation, including regulations,
relating to any matters specified and within the scope laid down in any
primary legislation adopted by the Council.
4. a. Legislation, including legislation which amends or abrogates
existing laws or military orders, which exceeds the jurisdiction of the
Council or which is otherwise inconsistent with the provisions of the DOP,
this Agreement, or of any other agreement that may be reached between the
two sides during the interim period, shall have no effect and shall be
void ab initio.
b. The Ra'ees of the Executive Authority of the Council shall not promulgate
legislation adopted by the Council if such legislation falls under the
provisions of this paragraph.
5. All legislation shall be communicated to the Israeli side of the
Legal Committee.
6. Without derogating from the provisions of paragraph 4 above, the
Israeli side of the Legal Committee may refer for the attention of the
Committee any legislation regarding which Israel considers the provisions
of paragraph 4 apply, in order to discuss issues arising from such legislation.
The Legal Committee will consider the legislation referred to it at the
earliest opportunity.
Article XIX Human Rights and the Rule of Law
Israel and the Council 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 XX Rights, Liabilities and Obligations
1. a. The transfer of powers and responsibilities from the Israeli
military government and its civil administration to the Council, as detailed
in Annex III, includes all related rights, liabilities and obligations
arising with regard to acts or omissions which occurred prior to such transfer.
Israel will cease to bear any financial responsibility regarding such acts
or omissions and the Council 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 Council.
c. Israel shall provide the Council 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 Council 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 Council shall immediately 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 Council shall not bear financial responsibility.
2. a. Notwithstanding the provisions of paragraphs 1.d through 1.f
above, each side may take the necessary measures, including promulgation
of legislation, in order to ensure that such claims by Palestinians, including
pending claims in which the hearing of evidence has not yet begun, are
brought only before Palestinian courts or tribunals in the West Bank and
the Gaza Strip, and are not brought before or heard by Israeli courts or
tribunals.
b. Where a new claim has been brought before a Palestinian court or
tribunal subsequent to the dismissal of the claim pursuant to subparagraph
a. above, the Council shall defend it and, in accordance with subparagraph
1.a above, in the event that an award is made for the plaintiff, shall
pay the amount of the award.
c. The Legal Committee shall agree on arrangements for the transfer
of all materials and information needed to enable the Palestinian courts
or tribunals to hear such claims as referred to in subparagraph b. above,
and, when necessary, for the provision of legal assistance by Israel to
the Council in defending such claims.
3. 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.
4. The Council, upon its inauguration, will assume all the rights,
liabilities and obligations of the Palestinian Authority.
5. For the purpose of this Agreement, "Israelis" also includes
Israeli statutory agencies and corporations registered in Israel.
Article XXI 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 DOP 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 related agreements pertaining to the interim period shall
be settled 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 XXII Relations between Israel and the Council
1. Israel and the Council 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. Israel and the Council will ensure that their respective educational
systems contribute to the peace between the Israeli and Palestinian peoples
and to peace in the entire region, and will refrain from the introduction
of any motifs that could adversely affect the process of reconciliation.
3. Without derogating from the other provisions of this Agreement,
Israel and the Council shall cooperate in combating criminal activity which
may affect both sides, including offenses related to trafficking in illegal
drugs and psychotropic substances, smuggling, and offenses against property,
including offenses related to vehicles.
Article XXIII Cooperation with Regard to Transfer of Powers
and Responsibilities
In order to ensure a smooth, peaceful and orderly transfer
of powers and responsibilities, the two sides will cooperate with regard
to the transfer of security powers and responsibilities in accordance with
the provisions of Annex I, and the transfer of civil powers and responsibilities
in accordance with the provisions of Annex III.
Article XXIV 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, and the Supplement to the Protocol on Economic Relations, all
attached as Annex V, and will be governed by the relevant provisions of
this Agreement and its Annexes.
Article XXV Cooperation Programs
1. The Parties agree to establish a mechanism to develop programs of
cooperation between them. Details of such cooperation are set out in Annex
VI.
2. A Standing Cooperation Committee to deal with issues arising in
the context of this cooperation is hereby established as provided for in
Annex VI.
Article XXVI The Joint Israeli-Palestinian Liaison Committee
1. The Liaison Committee established pursuant to Article X of the DOP
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 procedures, including
the frequency and place or places of its meetings.
4. The Liaison Committee shall reach its decisions by agreement.
5. The Liaison Committee shall establish a subcommittee that will monitor
and steer the implementation of this Agreement (hereinafter "the Monitoring
and Steering Committee"). It will function as follows:
a. The Monitoring and Steering Committee will, on an ongoing basis,
monitor the implementation of this Agreement, with a view to enhancing
the cooperation and fostering the peaceful relations between the two sides.
b. The Monitoring and Steering Committee will steer the activities
of the various joint committees established in this Agreement (the JSC,
the CAC, the Legal Committee, the Joint Economic Committee and the Standing
Cooperation Committee) concerning the ongoing implementation of the Agreement,
and will report to the Liaison Committee.
c. The Monitoring and Steering Committee will be composed of the heads
of the various committees mentioned above.
d. The two heads of the Monitoring and Steering Committee will establish
its rules of procedures, including the frequency and places of its meetings.
Article XXVII Liaison and Cooperation with Jordan and
Egypt
1. Pursuant to Article XII of the DOP, the two Parties have invited
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.
As part of these arrangements a Continuing Committee has been constituted
and has commenced its deliberations.
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 also deal with other matters of common
concern.
Article XXVIII Missing Persons
1. Israel and the Council shall cooperate by providing each other with
all necessary assistance in the conduct of searches for missing persons
and bodies of persons which have not been recovered, as well as by providing
information about missing persons.
2. The PLO undertakes to cooperate with Israel and to assist it in
its efforts to locate and to return to Israel Israeli soldiers who are
missing in action and the bodies of soldiers which have not been recovered.
| CHAPTER 5 - MISCELLANEOUS PROVISIONS |
Article XXIX Safe Passage between the West Bank and the
Gaza Strip
Arrangements for safe passage of persons and transportation
between the West Bank and the Gaza Strip are set out in Annex I.
Article XXX Passages
Arrangements for coordination between Israel and the Council regarding
passage to and from Egypt and Jordan, as well as any other agreed international
crossings, are set out in Annex I.
Article XXXI Final Clauses
1. This Agreement shall enter into force on the date of its signing.
2. The Gaza-Jericho Agreement, except for Article XX (Confidence-Building
Measures), the Preparatory Transfer Agreement and the Further Transfer
Protocol will be superseded by this Agreement.
3. The Council, upon its inauguration, shall replace the Palestinian
Authority and shall assume all the undertakings and obligations of the
Palestinian Authority under the Gaza-Jericho Agreement, the Preparatory
Transfer Agreement, and the Further Transfer Protocol.
4. The two sides shall pass all necessary legislation to implement
this Agreement.
5. Permanent status negotiations will commence as soon as possible,
but not later than May 4, 1996, between the Parties. It is understood that
these negotiations shall cover remaining issues, including: Jerusalem,
refugees, settlements, security arrangements, borders, relations and cooperation
with other neighbors, and other issues of common interest.
6. Nothing in this Agreement shall prejudice or preempt the outcome
of the negotiations on the permanent status to be conducted pursuant to
the DOP. 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.
7. Neither side shall initiate or take any step that will change the
status of the West Bank and the Gaza Strip pending the outcome of the permanent
status negotiations.
8. The two Parties view the West Bank and the Gaza Strip as a single
territorial unit, the integrity and status of which will be preserved during
the interim period.
9. The PLO undertakes that, within two months of the date of the inauguration
of the Council, the Palestinian National Council will convene and formally
approve the necessary changes in regard to the Palestinian Covenant, as
undertaken in the letters signed by the Chairman of the PLO and addressed
to the Prime Minister of Israel, dated September 9, 1993 and May 4, 1994.
10. Pursuant to Annex I, Article VII of this Agreement, Israel confirms
that the permanent checkpoints on the roads leading to and from the Jericho
Area (except those related to the access road leading from Mousa Alami
to the Allenby Bridge) will be removed upon the completion of the first
phase of redeployment.
11. Prisoners who, pursuant to the Gaza-Jericho Agreement, were turned
over to the Palestinian Authority on the condition that they remain in
the Jericho Area for the remainder of their sentence, will be free to return
to their homes in the West Bank and the Gaza Strip upon the completion
of the first phase of redeployment.
12. As regards relations between Israel and the PLO, and without derogating
from the commitments contained in the letters signed by and exchanged between
the Prime Minister of Israel and the Chairman of the PLO, dated September
9, 1993 and May 4, 1994, the two sides will apply between them the provisions
contained in Article XXII, paragraph 1, with the necessary changes.
13. a. The Preamble to this Agreement, and all Annexes, Appendices
and maps attached hereto, shall constitute an integral part hereof.
b. The Parties agree that the maps attached to the Gaza-Jericho Agreement
as:
a. map No. 1 (The Gaza Strip), an exact copy of which is attached to
this Agreement as map No. 2 (in this Agreement "map No. 2");
b. map No. 3 (Deployment of Palestinian Police in the Gaza Strip),
an exact copy of which is attached to this Agreement as map No. 5 (in this
Agreement "map No. 5"); and
c. map No. 6 (Maritime Activity Zones), an exact copy of which is attached
to this Agreement as map No. 8 (in this Agreement "map No. 8");
are an integral part hereof and will remain in effect for the duration
of this Agreement.
14. While the Jeftlik area will come under the functional and personal
jurisdiction of the Council in the first phase of redeployment, the area's
transfer to the territorial jurisdiction of the Council will be considered
by the Israeli side in the first phase of the further redeployment phases.
Done at Washington DC, this 28th day of September, 1995.
Signed by representatives of Israel and the PLO
Witnessed by:
- The United States of America
- The Russian Federation
- The Arab Republic of Egypt
- The Hashemite Kingdom of Jordan
- The Kingdom of Norway
- The European Union .
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