Text: The "Geneva Accord"
The following is the text of the Geneva Accord, obtained exclusively by
Haaretz
[With thanks to Gershon Baskin]
[IMRA: It should be noted that in addition to Article 12 - Water, Article
13 - Economic Relations and
Article 14 - Legal Cooperation that are still to be completed, there are
scores of appendices that have not been completed, including appendices that
Ma'ariv terms "very important".]
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:
Articles 1-4
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
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 ev
ery 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
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
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 cultural programs in order to
promote the goals of conciliation in relation to their respective histories.
(d) These programs may include developing appropriate ways of commemorating
those villages and communities that existed prior to 1949.
Articles 8-17
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.
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