The Geneva Accord - Draft
Permanent Status Agreement
Source: The following is the text of the Geneva
Accord, obtained exclusively by Haaretz. (Annex X
referred to in the document is yet to be completed)
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:
- 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;
- 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;
- 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;
- 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;
- 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:
- Maintain border control;
- Maintain law-and-order and perform police functions;
- Perform intelligence and security functions;
- Prevent terrorism;
- Conduct rescue and emergency missions; and
- 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:
- In light of the non-militarized nature of the
Palestinian state, protect the territorial integrity
of the state of Palestine.
- Serve as a deterrent against external attacks
that could threaten either of the Parties.
- Deploy observers to areas adjacent to the lines
of the Israeli withdrawal during the phases of this
withdrawal, in accordance with Annex X.
- Deploy observers to monitor the territorial and
maritime borders of the state of Palestine, as specified
in clause 5/13.
- Perform the functions on the Palestinian international
border crossings specified in clause 5/12.
- Perform the functions relating to the early warning
stations as specified in clause 5/8.
- Perform the functions specified in clause 5/3.
- Perform the functions specified in clause 5/7.
- Perform the functions specified in Article 10.
- Help in the enforcement of anti-terrorism measures.
- 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:
- The need to create immediate clear contiguity
and facilitate the early implementation of Palestinian
development plans.
- 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.
- The need to construct and operationalize the border
between the two states.
- 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:
- The first stage shall include the areas of the
state of Palestine, as defined in Map X, and shall
be completed within 9 months.
- 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
- 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.
- 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
- 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.
- The IVG shall monitor and verify compliance with
this clause. Either Party may submit a complaint
to the IVG whose decision shall be conclusive.
- 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. |