Draft Permanent Status Agreement
Preamble
The State of Israel (hereinafter "Israel") and the
Palestine Liberation Organization (hereinafter "PLO"),
the representative of the Palestinian people (hereinafter the
"Parties") :
Reaffirming their determination to put an end to decades
of confrontation and conflict, and to live in peaceful
coexistence, mutual dignity and security based on a just,
lasting, and comprehensive peace and achieving historic
reconciliation ;
Recognizing that peace requires the transition from the
logic of war and confrontation to the logic of peace and
cooperation, and that acts and words characteristic of the state
of war are neither appropriate nor acceptable in the era of
peace ;
Affirming their deep belief that the logic of peace
requires compromise, and that the only viable solution is a
two-state solution based on UNSC Resolution 242 and 338 ;
Affirming that this agreement marks the recognition of
the right of the Jewish people to statehood and the recognition
of the right of the Palestinian people to statehood, without
prejudice to the equal rights of the Parties’ respective
citizens ;
Recognizing that after years of living in mutual fear and
insecurity, both peoples need to enter an era of peace, security
and stability, entailing all necessary actions by the parties to
guarantee the realization of this era ;
Recognizing each other’s right to peaceful and secure
existence within secure and recognized boundaries free from
threats or acts of force ;
Determined to establish relations based on cooperation
and the commitment to live side by side as good neighbors aiming
both separately and jointly to contribute to the well-being of
their peoples ;
Reaffirming their obligation to conduct themselves in
conformity with the norms of international law and the Charter
of the United Nations ;
Confirming that this Agreement is concluded within the
framework of the Middle East peace process initiated in Madrid
in October 1991, the Declaration of Principles of September 13,
1993, the subsequent agreements including the Interim Agreement
of September 1995, the Wye River Memorandum of October 1998 and
the Sharm El-Sheikh Memorandum of September 4, 1999, and the
permanent status negotiations including the Camp David Summit of
July 2000, the Clinton Ideas of December 2000, and the Taba
Negotiations of January 2001 ;
Reiterating their commitment to United Nations Security
Council Resolutions 242, 338 and 1397 and confirming their
understanding that this Agreement is based on, will lead to, and
- by its fulfillment - will constitute the full implementation
of these resolutions and to the settlement of the
Israeli-Palestinian conflict in all its aspects ;
Declaring that this Agreement constitutes the realization
of the permanent status peace component envisaged in President
Bush’s speech of June 24, 2002 and in the Quartet Roadmap
process ;
Declaring that this Agreement marks the historic
reconciliation between the Palestinians and Israelis, and paves
the way to reconciliation between the Arab World and Israel and
the establishment of normal, peaceful relations between the Arab
states and Israel in accordance with the relevant clauses of the
Beirut Arab League Resolution of March 28, 2002 ; and
Resolved to pursue the goal of attaining a comprehensive
regional peace, thus contributing to stability, security,
development and prosperity throughout the region ;
Have agreed on the following :
Article 1 - Purpose of the Permanent Status Agreement
1. The Permanent Status Agreement (hereinafter "this
Agreement") ends the era of conflict and ushers in a new
era based on peace, cooperation, and good neighborly relations
between the Parties.
2. The implementation of this Agreement will settle all the
claims of the Parties arising from events occurring prior to its
signature. No further claims related to events prior to this
Agreement may be raised by either Party.
Article 2 - Relations between the Parties
1. The state of Israel shall recognize the state of Palestine
(hereinafter "Palestine") upon its establishment. The
state of Palestine shall immediately recognize the state of
Israel.
2. The state of Palestine shall be the successor to the PLO with
all its rights and obligations.
3. Israel and Palestine shall immediately establish full
diplomatic and consular relations with each other and will
exchange resident Ambassadors, within one month of their mutual
recognition.
4. The Parties recognize Palestine and Israel as the homelands
of their respective peoples. The Parties are committed not to
interfere in each other’s internal affairs.
5. This Agreement supercedes all prior agreements between the
Parties.
6. Without prejudice to the commitments undertaken by them in
this Agreement, relations between Israel and Palestine shall be
based upon the provisions of the Charter of the United Nations.
7. With a view to the advancement of the relations between the
two States and peoples, Palestine and Israel shall cooperate in
areas of common interest. These shall include, but are not
limited to, dialogue between their legislatures and state
institutions, cooperation between their appropriate local
authorities, promotion of non-governmental civil society
cooperation, and joint programs and exchange in the areas of
culture, media, youth, science, education, environment, health,
agriculture, tourism, and crime prevention. The
Israeli-Palestinian Cooperation Committee will oversee this
cooperation in accordance with Article 8.
8. The Parties shall cooperate in areas of joint economic
interest, to best realize the human potential of their
respective peoples. In this regard, they will work bilaterally,
regionally, and with the international community to maximize the
benefit of peace to the broadest cross-section of their
respective populations. Relevant standing bodies shall be
established by the Parties to this effect.
9. The Parties shall establish robust modalities for security
cooperation, and engage in a comprehensive and uninterrupted
effort to end terrorism and violence directed against each
others persons, property, institutions or territory. This effort
shall continue at all times, and shall be insulated from any
possible crises and other aspects of the Parties’ relations.
10. Israel and Palestine shall work together and separately with
other parties in the region to enhance and promote regional
cooperation and coordination in spheres of common interest.
11. The Parties shall establish a ministerial-level
Palestinian-Israeli High Steering Committee to guide, monitor,
and facilitate the process of implementation of this Agreement,
both bilaterally and in accordance with the mechanisms in
Article 3 hereunder.
Article 3 : Implementation and Verification Group
1. Establishment and Composition
(a) An Implementation and Verification Group (IVG) shall hereby
be established to facilitate, assist in, guarantee, monitor, and
resolve disputes relating to the implementation of this
Agreement.
(b) The IVG shall include the U.S., the Russian Federation, the
EU, the UN, and other parties, both regional and international,
to be agreed on by the Parties.
(c) The IVG shall work in coordination with the
Palestinian-Israeli High Steering Committee established in
Article 2/11 above and subsequent to that with the
Israeli-Palestinian Cooperation Committee (IPCC) established in
Article 8 hereunder.
(d) The structure, procedures, and modalities of the IVG are set
forth below and detailed in Annex X.
2. Structure
(a) A senior political-level contact group (Contact Group),
composed of all the IVG members, shall be the highest authority
in the IVG.
(b) The Contact Group shall appoint, in consultation with the
Parties, a Special Representative who will be the principal
executive of the IVG on the ground. The Special Representative
shall manage the work of the IVG and maintain constant contact
with the Parties, the Palestinian-Israeli High Steering
Committee, and the Contact Group.
(c) The IVG permanent headquarters and secretariat shall be
based in an agreed upon location in Jerusalem.
(d) The IVG shall establish its bodies referred to in this
Agreement and additional bodies as it deems necessary. These
bodies shall be an integral part of and under the authority of
the IVG.
(e) The Multinational Force (MF) established under Article 5
shall be an integral part of the IVG. The Special Representative
shall, subject to the approval of the Parties, appoint the
Commander of the MF who shall be responsible for the daily
command of the MF. Details relating to the Special
Representative and MF Force Commander are set forth in Annex X.
(f) The IVG shall establish a dispute settlement mechanism, in
accordance with Article 16.
3. Coordination with the Parties
A Trilateral Committee composed of the Special Representative
and the Palestinian-Israeli High Steering Committee shall be
established and shall meet on at least a monthly basis to review
the implementation of this Agreement. The Trilateral Committee
will convene within 48 hours upon the request of any of the
three parties represented.
4. Functions
In addition to the functions specified elsewhere in this
Agreement, the IVG shall :
(a) Take appropriate measures based on the reports it receives
from the MF,
(b) Assist the Parties in implementing the Agreement and preempt
and promptly mediate disputes on the ground.
5. Termination
In accordance with the progress in the implementation of this
Agreement, and with the fulfillment of the specific mandated
functions, the IVG shall terminate its activities in the said
spheres. The IVG shall continue to exist unless otherwise agreed
by the Parties.
Article 4 - Territory
1. The International Borders between the States of Palestine
and Israel
(a) In accordance with UNSC Resolution 242 and 338, the border
between the states of Palestine and Israel shall be based on the
June 4th 1967 lines with reciprocal modifications on a 1:1 basis
as set forth in attached Map 1.
(b) The Parties recognize the border, as set out in attached Map
1, as the permanent, secure and recognized international
boundary between them.
2. Sovereignty and Inviolability
(a) The Parties recognize and respect each other’s
sovereignty, territorial integrity, and political independence,
as well as the inviolability of each others territory, including
territorial waters, and airspace. They shall respect this
inviolability in accordance with this Agreement, the UN Charter,
and other rules of international law.
(b) The Parties recognize each other’s rights in their
exclusive economic zones in accordance with international law.
3. Israeli Withdrawal
(a) Israel shall withdraw in accordance with Article 5.
(b) Palestine shall assume responsibility for the areas from
which Israel withdraws.
(c) The transfer of authority from Israel to Palestine shall be
in accordance with Annex X.
(d) The IVG shall monitor, verify, and facilitate the
implementation of this Article.
4. Demarcation
(a) A Joint Technical Border Commission (Commission) composed of
the two Parties shall be established to conduct the technical
demarcation of the border in accordance with this Article. The
procedures governing the work of this Commission are set forth
in Annex X.
(b) Any disagreement in the Commission shall be referred to the
IVG in accordance with Annex X.
(c) The physical demarcation of the international borders shall
be completed by the Commission not later than nine months from
the date of the entry into force of this Agreement.
5. Settlements
(a) The state of Israel shall be responsible for resettling the
Israelis residing in Palestinian sovereign territory outside
this territory.
(b) The resettlement shall be completed according to the
schedule stipulated in Article 5.
(c) Existing arrangements in the West Bank and Gaza Strip
regarding Israeli settlers and settlements, including security,
shall remain in force in each of the settlements until the date
prescribed in the timetable for the completion of the evacuation
of the relevant settlement.
(d) Modalities for the assumption of authority over settlements
by Palestine are set forth in Annex X. The IVG shall resolve any
disputes that may arise during its implementation.
(e) Israel shall keep intact the immovable property,
infrastructure and facilities in Israeli settlements to be
transferred to Palestinian sovereignty. An agreed inventory
shall be drawn up by the Parties with the IVG in advance of the
completion of the evacuation and in accordance with Annex X.
(f) The state of Palestine shall have exclusive title to all
land and any buildings, facilities, infrastructure or other
property remaining in any of the settlements on the date
prescribed in the timetable for the completion of the evacuation
of this settlement.
6. Corridor
(a) The states of Palestine and Israel shall establish a
corridor linking the West Bank and Gaza Strip. This corridor
shall :
i. Be under Israeli sovereignty.
ii. Be permanently open.
iii. Be under Palestinian administration in accordance with
Annex X of this Agreement. Palestinian law shall apply to
persons using and procedures appertaining to the corridor.
iv. Not disrupt Israeli transportation and other infrastructural
networks, or endanger the environment, public safety or public
health. Where necessary, engineering solutions will be sought to
avoid such disruptions.
v. Allow for the establishment of the necessary infrastructural
facilities linking the West Bank and the Gaza Strip.
Infrastructural facilities shall be understood to include, inter
alia, pipelines, electrical and communications cables, and
associated equipment as detailed in Annex X.
vi. Not be used in contravention of this Agreement.
(b) Defensive barriers shall be established along the corridor
and Palestinians shall not enter Israel from this corridor, nor
shall Israelis enter Palestine from the corridor.
(c) The Parties shall seek the assistance of the international
community in securing the financing for the corridor.
(d) The IVG shall guarantee the implementation of this Article
in accordance with Annex X.
(e) Any disputes arising between the Parties from the operation
of the corridor shall be resolved in accordance with Article 16.
(f) The arrangements set forth in this clause may only be
terminated or revised by agreement of both Parties.
Article 5 - Security
1. General Security Provisions
(a) The Parties acknowledge that mutual understanding and
co-operation in security-related matters will form a significant
part of their bilateral relations and will further enhance
regional security. Palestine and Israel shall base their
security relations on cooperation, mutual trust, good neighborly
relations, and the protection of their joint interests.
(b) Palestine and Israel each shall :
i. Recognize and respect the other’s right to live in peace
within secure and recognized boundaries free from the threat or
acts of war, terrorism and violence ;
ii. refrain from the threat or use of force against the
territorial integrity or political independence of the other and
shall settle all disputes between them by peaceful means ;
iii. refrain from joining, assisting, promoting or co-operating
with any coalition, organization or alliance of a military or
security character, the objectives or activities of which
include launching aggression or other acts of hostility against
the other ;
iv. refrain from organizing, encouraging, or allowing the
formation of irregular forces or armed bands, including
mercenaries and militias within their respective territory and
prevent their establishment. In this respect, any existing
irregular forces or armed bands shall be disbanded and prevented
from reforming at any future date ;
v. refrain from organizing, assisting, allowing, or
participating in acts of violence in or against the other or
acquiescing in activities directed toward the commission of such
acts.
(c) To further security cooperation, the Parties shall establish
a high level Joint Security Committee that shall meet on at
least a monthly basis. The Joint Security Committee shall have a
permanent joint office, and may establish such sub-committees as
it deems necessary, including sub-committees to immediately
resolve localized tensions.
2. Regional Security
i. Israel and Palestine shall work together with their neighbors
and the international community to build a secure and stable
Middle East, free from weapons of mass destruction, both
conventional and non-conventional, in the context of a
comprehensive, lasting, and stable peace, characterized by
reconciliation, goodwill, and the renunciation of the use of
force.
ii. To this end, the Parties shall work together to establish a
regional security regime.
3. Defense Characteristics of the Palestinian State
(a) No armed forces, other than as specified in this Agreement,
will be deployed or stationed in Palestine.
(b) Palestine shall be a non-militarized state, with a strong
security force. Accordingly, the limitations on the weapons that
may be purchased, owned, or used by the Palestinian Security
Force (PSF) or manufactured in Palestine shall be specified in
Annex X. Any proposed changes to Annex X shall be considered by
a trilateral committee composed of the two Parties and the MF.
If no agreement is reached in the trilateral committee, the IVG
may make its own recommendations.
i. No individuals or organizations in Palestine other than the
PSF and the organs of the IVG, including the MF, may purchase,
possess, carry or use weapons except as provided by law.
(c) The PSF shall :
i. Maintain border control ;
ii. Maintain law-and-order and perform police functions ;
iii. Perform intelligence and security functions ;
iv. Prevent terrorism ;
v. Conduct rescue and emergency missions ; and
vi. Supplement essential community services when necessary.
(d) The MF shall monitor and verify compliance with this clause.
4. Terrorism
(a) The Parties reject and condemn terrorism and violence in all
its forms and shall pursue public policies accordingly. In
addition, the parties shall refrain from actions and policies
that are liable to nurture extremism and create conditions
conducive to terrorism on either side.
(b) The Parties shall take joint and, in their respective
territories, unilateral comprehensive and continuous efforts
against all aspects of violence and terrorism. These efforts
shall include the prevention and preemption of such acts, and
the prosecution of their perpetrators.
(c) To that end, the Parties shall maintain ongoing
consultation, cooperation, and exchange of information between
their respective security forces.
(d) A Trilateral Security Committee composed of the two Parties
and the United States shall be formed to ensure the
implementation of this Article. The Trilateral Security
Committee shall develop comprehensive policies and guidelines to
fight terrorism and violence.
5. Incitement
(a) Without prejudice to freedom of expression and other
internationally recognized human rights, Israel and Palestine
shall promulgate laws to prevent incitement to irredentism,
racism, terrorism and violence and vigorously enforce them.
(b) The IVG shall assist the Parties in establishing guidelines
for the implementation of this clause, and shall monitor the
Parties’ adherence thereto.
6. Multinational Force
(a) A Multinational Force (MF) shall be established to provide
security guarantees to the Parties, act as a deterrent, and
oversee the implementation of the relevant provisions of this
Agreement.
(b) The composition, structure and size of the MF are set forth
in Annex X.
(c) To perform the functions specified in this Agreement, the MF
shall be deployed in the state of Palestine. The MF shall enter
into the appropriate Status of Forces Agreement (SOFA) with the
state of Palestine.
(d) In accordance with this Agreement, and as detailed in Annex
X, the MF shall :
i. In light of the non-militarized nature of the Palestinian
state, protect the territorial integrity of the state of
Palestine.
ii. Serve as a deterrent against external attacks that could
threaten either of the Parties.
iii. Deploy observers to areas adjacent to the lines of the
Israeli withdrawal during the phases of this withdrawal, in
accordance with Annex X.
iv. Deploy observers to monitor the territorial and maritime
borders of the state of Palestine, as specified in clause 5/13.
v. Perform the functions on the Palestinian international border
crossings specified in clause 5/12.
vi. Perform the functions relating to the early warning stations
as specified in clause 5/8.
vii. Perform the functions specified in clause 5/3.
viii. Perform the functions specified in clause 5/7.
ix. Perform the functions specified in Article 10.
x. Help in the enforcement of anti-terrorism measures.
xi. Help in the training of the PSF.
(e) In relation to the above, the MF shall report to and update
the IVG in accordance with Annex X.
(f) The MF shall only be withdrawn or have its mandate changed
by agreement of the Parties.
7. Evacuation
(a) Israel shall withdraw all its military and security
personnel and equipment, including landmines, and all persons
employed to support them, and all military installations from
the territory of the state of Palestine, except as otherwise
agreed in Annex X, in stages.
(b) The staged withdrawals shall commence immediately upon entry
into force of this Agreement and shall be made in accordance
with the timetable and modalities set forth in Annex X.
(c) The stages shall be designed subject to the following
principles :
i. The need to create immediate clear contiguity and facilitate
the early implementation of Palestinian development plans.
ii. Israel’s capacity to relocate, house and absorb settlers.
While costs and inconveniences are inherent in such a process,
these shall not be unduly disruptive.
iii. The need to construct and operationalize the border between
the two states.
iv. The introduction and effective functioning of the MF, in
particular on the eastern border of the state of Palestine.
(d) Accordingly, the withdrawal shall be implemented in the
following stages :
i. The first stage shall include the areas of the state of
Palestine, as defined in Map X, and shall be completed within 9
months.
ii. The second and third stages shall include the remainder of
the territory of the state of Palestine and shall be completed
within 21 months of the end of the first stage.
(e) Israel shall complete its withdrawal from the territory of
the state of Palestine within 30 months of the entry into force
of this Agreement, and in accordance with this Agreement.
(f) Israel will maintain a small military presence in the Jordan
Valley under the authority of the MF and subject to the MF SOFA
as detailed in Annex X for an additional 36 months. The
stipulated period may be reviewed by the Parties in the event of
relevant regional developments, and may be altered by the
Parties’ consent.
(g) In accordance with Annex X, the MF shall monitor and verify
compliance with this clause.
8. Early Warning Stations
(a) Israel may maintain two EWS in the northern, and central
West Bank at the locations set forth in Annex X.
(b) The EWS shall be staffed by the minimal required number of
Israeli personnel and shall occupy the minimal amount of land
necessary for their operation as set forth in Annex X.
(c) Access to the EWS will be guaranteed and escorted by the MF.
(d) Internal security of the EWS shall be the responsibility of
Israel. The perimeter security of the EWS shall be the
responsibility of the MF.
(e) The MF and the PSF shall maintain a liaison presence in the
EWS. The MF shall monitor and verify that the EWS is being used
for purposes recognized by this Agreement as detailed in Annex
X.
(f) The arrangements set forth in this Article shall be subject
to review in ten years, with any changes to be mutually agreed.
Thereafter, there will be five-yearly reviews whereby the
arrangements set forth in this Article may be extended by mutual
consent.
(g) If at any point during the period specified above a regional
security regime is established, then the IVG may request that
the Parties review whether to continue or revise operational
uses for the EWS in light of these developments. Any such change
will require the mutual consent of the Parties.
9. Airspace
(a) Civil Aviation
i. The Parties recognize as applicable to each other the rights,
privileges and obligations provided for by the multilateral
aviation agreements to which they are both party, particularly
by the 1944 Convention on International Civil Aviation (The
Chicago Convention) and the 1944 International Air Services
Transit Agreement.
ii. In addition, the Parties shall, upon entry into force of
this Agreement, establish a trilateral committee composed of the
two Parties and the IVG to design the most efficient management
system for civil aviation, including those relevant aspects of
the air traffic control system. In the absence of consensus the
IVG may make its own recommendations.
(b) Training
i. The Israeli Air Force shall be entitled to use the
Palestinian sovereign airspace for training purposes in
accordance with Annex X, which shall be based on rules
pertaining to IAF use of Israeli airspace.
ii. The IVG shall monitor and verify compliance with this
clause. Either Party may submit a complaint to the IVG whose
decision shall be conclusive.
iii. The arrangements set forth in this clause shall be subject
to review every ten years, and may be altered or terminated by
the agreement of both Parties.
10. Electromagnetic Sphere
(a) Neither Party’s use of the electromagnetic sphere may
interfere with the other Party’s use.
(b) Annex X shall detail arrangements relating to the use of the
electromagnetic sphere.
(c) The IVG shall monitor and verify the implementation of this
clause and Annex X.
(d) Any Party may submit a complaint to the IVG whose decision
shall be conclusive.
11. Law Enforcement
The Israeli and Palestinian law enforcement agencies shall
cooperate in combating illicit drug trafficking, illegal
trafficking in archaeological artifacts and objects of arts,
cross-border crime, including theft and fraud, organized crime,
trafficking in women and minors, counterfeiting, pirate TV and
radio stations, and other illegal activity.
12. International Border Crossings
(a) The following arrangements shall apply to borders crossing
between the state of Palestine and Jordan, the state of
Palestine and Egypt, as well as airport and seaport entry points
to the state of Palestine.
(b) All border crossings shall be monitored by joint teams
composed of members of the PSF and the MF. These teams shall
prevent the entry into Palestine of any weapons, materials or
equipment that are in contravention of the provisions of this
Agreement.
(c) The MF representatives and the PSF will have, jointly and
separately, the authority to block the entry into Palestine of
any such items. If at any time a disagreement regarding the
entrance of goods or materials arises between the PSF and the MF
representatives, the PSF may bring the matter to the IVG, whose
binding conclusions shall be rendered within 24 hours.
(d) This arrangement shall be reviewed by the IVG after 5 years
to determine its continuation, modification or termination.
Thereafter, the Palestinian party may request such a review on
an annual basis.
(e) In passenger terminals, for thirty months, Israel may
maintain an unseen presence in a designated on-site facility, to
be staffed by members of the MF and Israelis, utilizing
appropriate technology. The Israeli side may request that the
MF-PSF conduct further inspections and take appropriate action.
(f) For the following two years, these arrangements will
continue in a specially designated facility in Israel, utilizing
appropriate technology. This shall not cause delays beyond the
procedures outlined in this clause.
(g) In cargo terminals, for thirty months, Israel may maintain
an unseen presence in a designated on-site facility, to be
staffed by members of the MF and Israelis, utilizing appropriate
technology. The Israeli side may request that the MF-PSF conduct
further inspections and take appropriate action. If the Israeli
side is not satisfied by the MF-PSF action, it may demand that
the cargo be detained pending a decision by an MF inspector. The
MF inspector’s decision shall be binding and final, and shall
be rendered within 12 hours of the Israeli complaint.
(h) For the following three years, these arrangements will
continue from a specially designated facility in Israel,
utilizing appropriate technology. This shall not cause delays
beyond the timelines outlined in this clause.
(i) A high level trilateral committee composed of
representatives of Palestine, Israel, and the IVG shall meet
regularly to monitor the application of these procedures and
correct any irregularities, and may be convened on request.
(j) The details of the above are set forth in Annex X.
13. Border Control
(a) The PSF shall maintain border control as detailed in Annex
X.
(b) The MF shall monitor and verify the maintenance of border
control by the PSF.
Article 6 - Jerusalem
1. Religious and Cultural Significance :
(a) The Parties recognize the universal historic, religious,
spiritual, and cultural significance of Jerusalem and its
holiness enshrined in Judaism, Christianity, and Islam. In
recognition of this status, the Parties reaffirm their
commitment to safeguard the character, holiness, and freedom of
worship in the city and to respect the existing division of
administrative functions and traditional practices between
different denominations.
(b) The Parties shall establish an inter-faith body consisting
of representatives of the three monotheistic faiths, to act as a
consultative body to the Parties on matters related to the
city’s religious significance and to promote inter-religious
understanding and dialogue. The composition, procedures, and
modalities for this body are set forth in Annex X.
2. Capital of Two States
The Parties shall have their mutually recognized capitals in the
areas of Jerusalem under their respective sovereignty.
3. Sovereignty
Sovereignty in Jerusalem shall be in accordance with attached
Map 2. This shall not prejudice nor be prejudiced by the
arrangements set forth below.
4. Border Regime
The border regime shall be designed according to the provisions
of Article 11, and taking into account the specific needs of
Jerusalem (e.g., movement of tourists and intensity of border
crossing use including provisions for Jerusalemites) and the
provisions of this Article.
5. al-Haram al-Sharif/Temple Mount (Compound)
(a) International Group
i. An International Group, composed of the IVG and other parties
to be agreed upon by the Parties, including members of the
Organization of the Islamic Conference (OIC), shall hereby be
established to monitor, verify, and assist in the implementation
of this clause.
ii. For this purpose, the International Group shall establish a
Multinational Presence on the Compound, the composition,
structure, mandate and functions of which are set forth in Annex
X.
iii. The Multinational Presence shall have specialized
detachments dealing with security and conservation. The
Multinational Presence shall make periodic conservation and
security reports to the International Group. These reports shall
be made public.
iv. The Multinational Presence shall strive to immediately
resolve any problems arising and may refer any unresolved
disputes to the International Group that will function in
accordance with Article 16.
v. The Parties may at any time request clarifications or submit
complaints to the International Group which shall be promptly
investigated and acted upon.
vi. The International Group shall draw up rules and regulations
to maintain security on and conservation of the Compound. These
shall include lists of the weapons and equipment permitted on
the site.
(b) Regulations Regarding the Compound
i. In view of the sanctity of the Compound, and in light of the
unique religious and cultural significance of the site to the
Jewish people, there shall be no digging, excavation, or
construction on the Compound, unless approved by the two
Parties. Procedures for regular maintenance and emergency
repairs on the Compound shall be established by the IG after
consultation with the Parties.
ii. The state of Palestine shall be responsible for maintaining
the security of the Compound and for ensuring that it will not
be used for any hostile acts against Israelis or Israeli areas.
The only arms permitted on the Compound shall be those carried
by the Palestinian security personnel and the security
detachment of the Multinational Presence.
iii. In light of the universal significance of the Compound, and
subject to security considerations and to the need not to
disrupt religious worship or decorum on the site as determined
by the Waqf, visitors shall be allowed access to the site. This
shall be without any discrimination and generally be in
accordance with past practice.
(c) Transfer of Authority
i. At the end of the withdrawal period stipulated in Article
5/7, the state of Palestine shall assert sovereignty over the
Compound.
ii. The International Group and its subsidiary organs shall
continue to exist and fulfill all the functions stipulated in
this Article unless otherwise agreed by the two Parties.
6. The Wailing Wall
The Wailing Wall shall be under Israeli sovereignty.
7. The Old City
(a) Significance of the Old City
i. The Parties view the Old City as one whole enjoying a unique
character. The Parties agree that the preservation of this
unique character together with safeguarding and promoting the
welfare of the inhabitants should guide the administration of
the Old City.
ii. The Parties shall act in accordance with the UNESCO World
Cultural Heritage List regulations, in which the Old City is a
registered site.
(b)IVG Role in the Old City
i. Cultural Heritage
1. The IVG shall monitor and verify the preservation of cultural
heritage in the Old City in accordance with the UNESCO World
Cultural Heritage List rules. For this purpose, the IVG shall
have free and unimpeded access to sites, documents, and
information related to the performance of this function.
2. The IVG shall work in close coordination with the Old City
Committee of the Jerusalem Coordination and Development
Committee (JCDC), including in devising a restoration and
preservation plan for the Old City.
ii. Policing
1. The IVG shall establish an Old City Policing Unit (PU) to
liaise with, coordinate between, and assist the Palestinian and
Israeli police forces in the Old City, to defuse localized
tensions and help resolve disputes, and to perform policing
duties in locations specified in and according to operational
procedures detailed in Annex X.
2. The PU shall periodically report to the IVG.
iii. Either Party may submit complaints in relation to this
clause to the IVG, which shall promptly act upon them in
accordance with Article 16.
(c) Free Movement within the Old City
Movement within the Old City shall be free and unimpeded subject
to the provisions of this article and rules and regulations
pertaining to the various holy sites.
(d) Entry into and Exit from the Old City
i. Entry and exit points into and from the Old City will be
staffed by the authorities of the state under whose sovereignty
the point falls, with the presence of PU members, unless
otherwise specified.
ii. With a view to facilitating movement into the Old City, each
Party shall take such measures at the entry points in its
territory as to ensure the preservation of security in the Old
City. The PU shall monitor the operation of the entry points.
iii. Citizens of either Party may not exit the Old City into the
territory of the other Party unless they are in possession of
the relevant documentation that entitles them to. Tourists may
only exit the Old City into the territory of the Party which
they posses valid authorization to enter.
(e) Suspension, Termination, and Expansion
i. Either Party may suspend the arrangements set forth in
Article 6.7.iii in cases of emergency for one week. The
extension of such suspension for longer than a week shall be
pursuant to consultation with the other Party and the IVG at the
Trilateral Committee established in Article 3/3.
ii. This clause shall not apply to the arrangements set forth in
Article 6/7/vi.
iii. Three years after the transfer of authority over the Old
City, the Parties shall review these arrangements. These
arrangements may only be terminated by agreement of the Parties.
iv. The Parties shall examine the possibility of expanding these
arrangements beyond the Old City and may agree to such an
expansion.
(f) Special Arrangements
i. Along the way outlined in Map X (from the Jaffa Gate to the
Zion Gate) there will be permanent and guaranteed arrangements
for Israelis regarding access, freedom of movement, and
security, as set forth in Annex X.
1. The IVG shall be responsible for the implementation of these
arrangements.
ii. Without prejudice to Palestinian sovereignty, Israeli
administration of the Citadel will be as outlined in Annex X.
(g) Color-Coding of the Old City
A visible color-coding scheme shall be used in the Old City to
denote the sovereign areas of the respective Parties.
(h) Policing
i. An agreed number of Israeli police shall constitute the
Israeli Old City police detachment and shall exercise
responsibility for maintaining order and day-to-day policing
functions in the area under Israeli sovereignty.
ii. An agreed number of Palestinian police shall constitute the
Palestinian Old City police detachment and shall exercise
responsibility for maintaining order and day-to-day policing
functions in the area under Palestinian sovereignty.
iii. All members of the respective Israeli and Palestinian Old
City police detachments shall undergo special training,
including joint training exercises, to be administered by the
PU.
iv. A special Joint Situation Room, under the direction of the
PU and incorporating members of the Israeli and Palestinian Old
City police detachments, shall facilitate liaison on all
relevant matters of policing and security in the Old City.
(i) Arms
No person shall be allowed to carry or possess arms in the Old
City, with the exception of the Police Forces provided for in
this agreement. In addition, each Party may grant special
written permission to carry or possess arms in areas under its
sovereignty.
(j) Intelligence and Security
i. The Parties shall establish intensive intelligence
cooperation regarding the Old City, including the immediate
sharing of threat information.
ii. A trilateral committee composed of the two Parties and
representatives of the United States shall be established to
facilitate this cooperation.
8. Mount of Olives Cemetery
(a) The area outlined in Map X (the Jewish Cemetery on the Mount
of Olives) shall be under Israeli administration ; Israeli
law shall apply to persons using and procedures appertaining to
this area in accordance with Annex X.
i. There shall be a designated road to provide free, unlimited,
and unimpeded access to the Cemetery.
ii. The IVG shall monitor the implementation of this clause.
iii. This arrangement may only be terminated by the agreement of
both Parties.
9. Special Cemetery Arrangements
Arrangements shall be established in the two cemeteries
designated in Map X (Mount Zion Cemetery and the German Colony
Cemetery), to facilitate and ensure the continuation of the
current burial and visitation practices, including the
facilitation of access.
10. The Western Wall Tunnel
(a) The Western Wall Tunnel designated in Map X shall be under
Israeli administration, including :
i. Unrestricted Israeli access and right to worship and conduct
religious practices.
ii. Responsibility for the preservation and maintenance of the
site in accordance with this Agreement and without damaging
structures above, under IVG supervision.
iii. Israeli policing.
iv. IVG monitoring
v. The Northern Exit of the Tunnel shall only be used for exit
and may only be closed in case of emergency as stipulated in
Article 6/7.
(b) This arrangement may only be terminated by the agreement of
both Parties.
11. Municipal Coordination
(a) The two Jerusalem municipalities shall form a Jerusalem
Co-ordination and Development Committee ("JCDC") to
oversee the cooperation and coordination between the Palestinian
Jerusalem municipality and the Israeli Jerusalem municipality.
The JCDC and its sub-committees shall be composed of an equal
number of representatives from Palestine and Israel. Each side
will appoint members of the JCDC and its subcommittees in
accordance with its own modalities.
(b) The JCDC shall ensure that the coordination of
infrastructure and services best serves the residents of
Jerusalem, and shall promote the economic development of the
city to the benefit of all. The JCDC will act to encourage
cross-community dialogue and reconciliation.
(c) The JCDC shall have the following subcommittees :
i. A Planning and Zoning Committee : to ensure agreed
planning and zoning regulations in areas designated in Annex X.
ii. A Hydro Infrastructure Committee : to handle matters
relating to drinking water delivery, drainage, and wastewater
collection and treatment.
iii. A Transport Committee : to coordinate relevant
connectedness and compatibility of the two road systems and
other issues pertaining to transport.
iv. An Environmental Committee : to deal with environmental
issues affecting the quality of life in the city, including
solid waste management.
v. An Economic and Development Committee : to formulate
plans for economic development in areas of joint interest,
including in the areas of transportation, seam line commercial
cooperation, and tourism.
vi. A Police and Emergency Services Committee : to
coordinate measures for the maintenance of public order and
crime prevention and the provision of emergency services ;
vii. An Old City Committee : to plan and closely coordinate
the joint provision of the relevant municipal services, and
other functions stipulated in Article 6/7.
viii. Other Committees as agreed in the JCDC.
12. Israeli Residency of Palestinian Jerusalemites
Palestinian Jerusalemites who currently are permanent residents
of Israel shall lose this status upon the transfer of authority
to Palestine of those areas in which they reside.
13. Transfer of authority
The Parties will apply in certain socio-economic spheres interim
measures to ensure the agreed, expeditious, and orderly transfer
of powers and obligations from Israel to Palestine. This shall
be done in a manner that preserves the accumulated
socio-economic rights of the residents of East Jerusalem.
Article 7 - Refugees
1. Significance of the Refugee Problem
(a) The Parties recognize that, in the context of two
independent states, Palestine and Israel, living side by side in
peace, an agreed resolution of the refugee problem is necessary
for achieving a just, comprehensive and lasting peace between
them.
(b) Such a resolution will also be central to stability building
and development in the region.
2. UNGAR 194, UNSC Resolution 242, and the Arab Peace
Initiative
(a) The Parties recognize that UNGAR 194, UNSC Resolution 242,
and the Arab Peace Initiative (Article 2.ii.) concerning the
rights of the Palestinian refugees represent the basis for
resolving the refugee issue, and agree that these rights are
fulfilled according to Article 7 of this Agreement.
3. Compensation
(a) Refugees shall be entitled to compensation for their
refugeehood and for loss of property. This shall not prejudice
or be prejudiced by the refugee’s permanent place of
residence.
(b) The Parties recognize the right of states that have hosted
Palestinian refugees to remuneration.
4. Choice of Permanent Place of Residence (PPR)
The solution to the PPR aspect of the refugee problem shall
entail an act of informed choice on the part of the refugee to
be exercised in accordance with the options and modalities set
forth in this agreement. PPR options from which the refugees may
choose shall be as follows ;
(a) The state of Palestine, in accordance with clause a below.
(b) Areas in Israel being transferred to Palestine in the land
swap, following assumption of Palestinian sovereignty, in
accordance with clause a below.
(c) Third Countries, in accordance with clause b below.
(d) The state of Israel, in accordance with clause c below.
(e) Present Host countries, in accordance with clause d below.
i. PPR options i and ii shall be the right of all Palestinian
refugees and shall be in accordance with the laws of the State
of Palestine.
ii. Option iii shall be at the sovereign discretion of third
countries and shall be in accordance with numbers that each
third country will submit to the International Commission. These
numbers shall represent the total number of Palestinian refugees
that each third country shall accept.
iii. Option iv shall be at the sovereign discretion of Israel
and will be in accordance with a number that Israel will submit
to the International Commission. This number shall represent the
total number of Palestinian refugees that Israel shall accept.
As a basis, Israel will consider the average of the total
numbers submitted by the different third countries to the
International Commission.
iv. Option v shall be in accordance with the sovereign
discretion of present host countries. Where exercised this shall
be in the context of prompt and extensive development and
rehabilitation programs for the refugee communities.
Priority in all the above shall be accorded to the Palestinian
refugee population in Lebanon.
5. Free and Informed Choice
The process by which Palestinian refugees shall express their
PPR choice shall be on the basis of a free and informed
decision. The Parties themselves are committed and will
encourage third parties to facilitate the refugees’ free
choice in expressing their preferences, and to countering any
attempts at interference or organized pressure on the process of
choice. This will not prejudice the recognition of Palestine as
the realization of Palestinian self-determination and statehood.
6. End of Refugee Status
Palestinian refugee status shall be terminated upon the
realization of an individual refugee’s permanent place of
residence (PPR) as determined by the International Commission.
7. End of Claims
This agreement provides for the permanent and complete
resolution of the Palestinian refugee problem. No claims may be
raised except for those related to the implementation of this
agreement.
8. International Role
The Parties call upon the international community to participate
fully in the comprehensive resolution of the refugee problem in
accordance with this Agreement, including, inter alia, the
establishment of an International Commission and an
International Fund.
9. Property Compensation
(a) Refugees shall be compensated for the loss of property
resulting from their displacement.
(b) The aggregate sum of property compensation shall be
calculated as follows :
i. The Parties shall request the International Commission to
appoint a Panel of Experts to estimate the value of
Palestinians’ property at the time of displacement.
ii. The Panel of Experts shall base its assessment on the UNCCP
records, the records of the Custodian for Absentee Property, and
any other records it deems relevant. The Parties shall make
these records available to the Panel.
iii. The Parties shall appoint experts to advise and assist the
Panel in its work.
iv. Within 6 months, the Panel shall submit its estimates to the
Parties.
v. The Parties shall agree on an economic multiplier, to be
applied to the estimates, to reach a fair aggregate value of the
property.
(c) The aggregate value agreed to by the Parties shall
constitute the Israeli “lump sum” contribution to the
International Fund. No other financial claims arising from the
Palestinian refugee problem may be raised against Israel.
(d) Israel’s contribution shall be made in installments in
accordance with Schedule X.
(e) The value of the Israeli fixed assets that shall remain
intact in former settlements and transferred to the state of
Palestine will be deducted from Israel’s contribution to the
International Fund. An estimation of this value shall be made by
the International Fund, taking into account assessment of damage
caused by the settlements.
10. Compensation for Refugeehood
(a) A "Refugeehood Fund" shall be established in
recognition of each individual’s refugeehood. The Fund, to
which Israel shall be a contributing party, shall be overseen by
the International Commission. The structure and financing of the
Fund is set forth in Annex X.
(b) Funds will be disbursed to refugee communities in the former
areas of UNRWA operation, and will be at their disposal for
communal development and commemoration of the refugee
experience. Appropriate mechanisms will be devised by the
International Commission whereby the beneficiary refugee
communities are empowered to determine and administer the use of
this Fund.
11. The International Commission (Commission)
(a) Mandate and Composition
i. An International Commission shall be established and shall
have full and exclusive responsibility for implementing all
aspects of this Agreement pertaining to refugees.
ii. In addition to themselves, the Parties call upon the United
Nations, the United States, UNRWA, the Arab host countries, the
EU, Switzerland, Canada, Norway, Japan, the World Bank, the
Russian Federation, and others to be the members of the
Commission.
iii. The Commission shall :
1. Oversee and manage the process whereby the status and PPR of
Palestinian refugees is determined and realized.
2. Oversee and manage, in close cooperation with the host
states, the rehabilitation and development programs.
3. Raise and disburse funds as appropriate.
iv. The Parties shall make available to the Commission all
relevant documentary records and archival materials in their
possession that it deems necessary for the functioning of the
Commission and its organs. The Commission may request such
materials from all other relevant parties and bodies, including,
inter alia, UNCCP and UNRWA.
(b) Structure
i. The Commission shall be governed by an Executive Board
(Board) composed of representatives of its members.
ii. The Board shall be the highest authority in the Commission
and shall make the relevant policy decisions in accordance with
this Agreement.
iii. The Board shall draw up the procedures governing the work
of the Commission in accordance with this Agreement.
iv. The Board shall oversee the conduct of the various
Committees of the Commission. The said Committees shall
periodically report to the Board in accordance with procedures
set forth thereby.
v. The Board shall create a Secretariat and appoint a Chair
thereof. The Chair and the Secretariat shall conduct the
day-to-day operation of the Commission.
(c) Specific Committees
i. The Commission shall establish the Technical Committees
specified below.
ii. Unless otherwise specified in this Agreement, the Board
shall determine the structure and procedures of the Committees.
iii. The Parties may make submissions to the Committees as
deemed necessary.
iv. The Committees shall establish mechanisms for resolution of
disputes arising from the interpretation or implementation of
the provisions of this Agreement relating to refugees.
v. The Committees shall function in accordance with this
Agreement, and shall render binding decisions accordingly.
vi. Refugees shall have the right to appeal decisions affecting
them according to mechanisms established by this Agreement and
detailed in Annex X.
(d) Status-determination Committee :
i. The Status-determination Committee shall be responsible for
verifying refugee status.
ii. UNRWA registration shall be considered as rebuttable
presumption (prima facie proof) of refugee status.
(e) Compensation Committee :
i. The Compensation Committee shall be responsible for
administering the implementation of the compensation provisions.
ii. The Committee shall disburse compensation for individual
property pursuant to the following modalities :
1. Either a fixed per capita award for property claims below a
specified value. This will require the claimant to only prove
title, and shall be processed according to a fast-track
procedure, or
2. A claims-based award for property claims exceeding a
specified value for immovables and other assets. This will
require the claimant to prove both title and the value of the
losses.
iii. Annex X shall elaborate the details of the above including,
but not limited to, evidentiary issues and the use of UNCCP,
“Custodian for Absentees’ Property”, and UNRWA records,
along with any other relevant records.
(f) Host State Remuneration Committee :
There shall be remuneration for host states.
(g) Permanent Place of Residence Committee (PPR Committee) :
The PPR Committee shall,
i. Develop with all the relevant parties detailed programs
regarding the implementation of the PPR options pursuant to
Article 7/4 above.
ii. Assist the applicants in making an informed choice regarding
PPR options.
iii. Receive applications from refugees regarding PPR. The
applicants must indicate a number of preferences in accordance
with article 7/4 above. The applications shall be received no
later than two years after the start of the International
Commission’s operations. Refugees who do not submit such
applications within the two-year period shall lose their refugee
status.
iv. Determine, in accordance with sub-Article (a) above, the PPR
of the applicants, taking into account individual preferences
and maintenance of family unity. Applicants who do not avail
themselves of the Committee’s PPR determination shall lose
their refugee status.
v. Provide the applicants with the appropriate technical and
legal assistance.
vi. The PPR of Palestinian refugees shall be realized within 5
years of the start of the International Commission’s
operations.
(h) Refugeehood Fund Committee
The Refugeehood Fund Committee shall implement Article 7/10 as
detailed in Annex X.
(i) Rehabilitation and Development Committee
In accordance with the aims of this Agreement and noting the
above PPR programs, the Rehabilitation and Development Committee
shall work closely with Palestine, Host Countries and other
relevant third countries and parties in pursuing the goal of
refugee rehabilitation and community development. This shall
include devising programs and plans to provide the former
refugees with opportunities for personal and communal
development, housing, education, healthcare, re-training and
other needs. This shall be integrated in the general development
plans for the region.
12. The International Fund
(a) An International Fund (the Fund) shall be established to
receive contributions outlined in this Article and additional
contributions from the international community. The Fund shall
disburse monies to the Commission to enable it to carry out its
functions. The Fund shall audit the Commission’s work.
(b) The structure, composition and operation of the Fund are set
forth in Annex X.
13. UNRWA
(a) UNRWA should be phased out in each country in which it
operates, based on the end of refugee status in that country.
(b) UNRWA should cease to exist five years after the start of
the Commission’s operations. The Commission shall draw up a
plan for the phasing out of UNRWA and shall facilitate the
transfer of UNRWA functions to host states.
14. Reconciliation Programs
(a) The Parties will encourage and promote the development of
cooperation between their relevant institutions and civil
societies in creating forums for exchanging historical
narratives and enhancing mutual understanding regarding the
past.
(b) The Parties shall encourage and facilitate exchanges in
order to disseminate a richer appreciation of these respective
narratives, in the fields of formal and informal education, by
providing conditions for direct contacts between schools,
educational institutions and civil society.
(c) The Parties may consider cross-community culturalprograms in
ordertopromotethe goalsof conciliationin relation to their
respective histories.
(d) These programs may include developing appropriate ways of
commemorating those villages and communities that existed prior
to 1949.
Article 8 - Israeli-Palestinian Cooperation Committee (IPCC)
1. The Parties shall establish an Israeli-Palestinian
Cooperation Committee immediately upon the entry into force of
this agreement. The IPCC shall be a ministerial-level body with
ministerial-level Co-Chairs.
2. The IPCC shall develop and assist in the implementation of
policies for cooperation in areas of common interest including,
but not limited to, infrastructure needs, sustainable
development and environmental issues, cross-border municipal
cooperation, border area industrial parks, exchange programs,
human resource development, sports and youth, science,
agriculture and culture.
3. The IPCC shall strive to broaden the spheres and scope of
cooperation between the Parties.
Article 9 - Designated Road Use Arrangements
1. The following arrangements for Israeli civilian use will
apply to the designated roads in Palestine as detailed in Map X
(Road 443, Jerusalem to Tiberias via Jordan Valley, and
Jerusalem -Ein Gedi).
2. These arrangements shall not prejudice Palestinian
jurisdiction over these roads, including PSF patrols.
3. The procedures for designated road use arrangements will be
further detailed in Annex X.
4. Israelis may be granted permits for use of designated roads.
Proof of authorization may be presented at entry points to the
designated roads. The sides will review options for establishing
a road use system based on smart card technology.
5. The designated roads will be patrolled by the MF at all
times. The MF will establish with the states of Israel and
Palestine agreed arrangements for cooperation in emergency
medical evacuation of Israelis.
6. In the event of any incidents involving Israeli citizens and
requiring criminal or legal proceedings, there will be full
cooperation between the Israeli and Palestinian authorities
according to arrangements to be agreed upon as part of the legal
cooperation between the two states. The Parties may call on the
IVG to assist in this respect.
7. Israelis shall not use the designated roads as a means of
entering Palestine without the relevant documentation and
authorization.
8. In the event of regional peace, arrangements for Palestinian
civilian use of designated roads in Israel shall be agreed and
come into effect.
Article 10 - Sites of Religious Significance
1. The Parties shall establish special arrangements to guarantee
access to agreed sites of religious significance, as will be
detailed in Annex X. These arrangements will apply, inter alia,
to the Tomb of the Patriarchs in Hebron and Rachel’s Tomb in
Bethlehem, and Nabi Samuel.
2. Access to and from the sites will be by way of designated
shuttle facilities from the relevant border crossing to the
sites.
3. The Parties shall agree on requirements and procedures for
granting licenses to authorized private shuttle operators.
4. The shuttles and passengers will be subject to MF inspection.
5. The shuttles will be escorted on their route between the
border crossing and the sites by the MF.
6. The shuttles shall be under the traffic regulations and
jurisdiction of the Party in whose territory they are traveling.
7. Arrangements for access to the sites on special days and
holidays are detailed in Annex X.
8. The Palestinian Tourist Police and the MF will be present at
these sites.
9. The Parties shall establish a joint body for the religious
administration of these sites.
10. In the event of any incidents involving Israeli citizens and
requiring criminal or legal proceedings, there will be full
cooperation between the Israeli and Palestinian authorities
according to arrangements to be agreed upon. The Parties may
call on the IVG to assist in this respect.
11. Israelis shall not use the shuttles as a means of entering
Palestine without the relevant documentation and authorization.
12. The Parties shall protect and preserve the sites of
religious significance listed in Annex X and shall facilitate
visitation to the cemeteries listed in Annex X.
Article 11 - Border Regime
1. There shall be a border regime between the two states, with
movement between them subject to the domestic legal requirements
of each and to the provisions of this Agreement as detailed in
Annex X.
2. Movement across the border shall only be through designated
border crossings.
3. Procedures in border crossings shall be designed to
facilitate strong trade and economic ties, including labor
movement between the Parties.
4. Each Party shall each, in its respective territory, take the
measures it deems necessary to ensure that no persons, vehicles,
or goods enter the territory of the other illegally.
5. Special border arrangements in Jerusalem shall be in
accordance with Article 6 above.
Article 12 - Water : still to be completed
Article 13 - Economic Relations : still to be
completed
Article 14 - Legal Cooperation : still to be
completed
Article 15 - Palestinian Prisoners and Detainees
1. In the context of this Permanent Status Agreement between
Israel and Palestine, the end of conflict, cessation of all
violence, and the robust security arrangements set forth in this
Agreement, all the Palestinian and Arab prisoners detained in
the framework of the Israeli-Palestinian conflict prior to the
date of signature of this Agreement, DD/MM/2003, shall be
released in accordance with the categories set forth below and
detailed in Annex X.
(a) Category A : all persons imprisoned prior to the start
of the implementation of the Declaration of Principles on May 4,
1994, administrative detainees, and minors, as well as women,
and prisoners in ill health shall be released immediately upon
the entry into force of this Agreement.
(b) Category B : all persons imprisoned after May 4, 1994
and prior to the signature of this Agreement shall be released
no later than eighteen months from the entry into force of this
Agreement, except those specified in Category C.
(c) Category C : Exceptional cases - persons whose names
are set forth in Annex X - shall be released in thirty months at
the end of the full implementation of the territorial aspects of
this Agreement set forth in Article 5/7/v.
Article 16 - Dispute Settlement Mechanism
1. Disputes related to the interpretation or application of this
Agreement shall be resolved by negotiations within a bilateral
framework to be convened by the High Steering Committee.
2. If a dispute is not settled promptly by the above, either
Party may submit it to mediation and conciliation by the IVG
mechanism in accordance with Article 3.
3. Disputes which cannot be settled by bilateral negotiation
and/or the IVG mechanism shall be settled by a mechanism of
conciliation to be agreed upon by the Parties.
4. Disputes which have not been resolved by the above may be
submitted by either Party to an arbitration panel. Each Party
shall nominate one member of the three-member arbitration panel.
The Parties shall select a third arbiter from the agreed list of
arbiters set forth in Annex X either by consensus or, in the
case of disagreement, by rotation.
Article 17 - Final Clauses
Including a final clause providing for a UNSCR/UNGAR resolution
endorsing the agreement and superceding the previous UN
resolutions.
The English version of this text will be considered
authoritative. |