Summary of Signed Agreements and Compliance with Signed Agreements
Summary of Signed Agreements and Compliance with Signed Agreements
Agreements
January 10, 2016
Agreement (collectively known as the “Oslo Accords”)
Declaration of Principles (“DOP") on Interim Self-Government Arrangements - 13 September 1993
Major Provisions
Establishes a “Palestinian Interim Self-Government Authority” for the Palestinians residing in the West Bank and the Gaza Strip. (ArticleI(1)).
States that Israel’s military occupation is to end within 5 years from the signing of the Interim Agreement. (Article I(1)).
Declares that a permanent settlement will be based on UN Security Council Resolutions 242 and 338 (“land for peace” formula). (Article I(2)).
Provides that Israel is to withdraw from the Gaza Strip and the Jericho area by January 1994. (Annex II, Article 2).
Establishes that permanent status negotiations shall cover: Jerusalem, refugees, colonies (settlements), security arrangements, borders and relations with other neighbors. (Article V(3))
Provides that elections for the Palestinian Legislative Council are to be held within nine months of the DOP’s entry into force. (Article III).
Provides that permanent status negotiations will commence as soon as possible and no later than the third year of the interim period. (Article V(2)).
Israel’s Violations
Failure to End the Occupation – The DOP (Article I) provides that Israel’s military occupation is to end within five years. The occupation continues to this date – more than ten years later.
Failure to Withdraw from theGaza Strip and Jericho – The DOP (Annex II, Article 2) provides that Israel is to withdraw from the Gaza Strip and the Jericho area within four months of the signing of the DOP (i.e January 1994). Israel failed to withdraw in time, delaying the withdrawal by four months.
Failure to Commence Permanent Status Negotiations – The DOP (Article V(2)) provides that permanent status negotiations are to commence no later than “Beginning of the third year of the interim period.” Israel refused to negotiate with the Palestinians and permanent status negotiations did not commence until November 1999 – well into the fifth year of the interim period and past the deadline for the end of Israel’s occupation.
Delay in Holding Elections for Palestinian Legislative Council – Article III(2) provides thatIsrael is to allow the Palestinians to hold elections within nine months of the DOP’s entry into force (13 October 1993). Israel did not allow elections to take place until 20 January 1996 – more than 27 months after the DOP’s entry into force.
Agreement on the Gaza Strip and the Jericho Area and Exchange of Letters between the PLO and the Government of the State of Israel - 4 May 1994
Major Provisions
Provides that Israel is to withdraw from the Gaza Strip and the Jericho area. (Article II).
Sets out the jurisdiction of the Palestinian Authority (includes land, subsoil and territorial waters) within the Gaza Strip and Jericho area, excluding settlers living in those areas. (Article V).
Sets out that Israel is to provide safe passage for Palestinians traveling between the Gaza Strip and Jericho area. (Article XI).
Provides that Israel is to transfer authority from the Israeli military government to the Palestinian Authority. (Article III).
Provides that Palestinians shall have the right to fish 20 nautical miles from the Gazan coast. (Annex I, Article 11(a)(2)).
Israel agrees to deploy a temporary international presence in the Gaza Strip and Jericho area. (Article XXI).
Provides that Israel shall release 5,000 Palestinian political prisoners within five weeks. (Article XX).
Israel’s Violations
Failure to Open Safe Passage – Israel fails to open the safe passage between the Gaza Strip and Jericho area. The issue is renegotiated in further agreements but Israel never opens the passage.
Limiting the Fishing Distance –Israel limits Palestinian fishing to nine nautical miles.
Failure to Deploy International Force – Israel fails to allow the international presence to deploy in the Gaza Strip and in the Jericho area.
Failure to Release Palestinian Prisoners – Israel failed to release the 5,000 political prisoners, making it an issue that was renegotiated in order to extract further Palestinian concessions.
Palestinian-Israeli Interim Agreement on the West Bank and the Gaza Strip - 28 September 1995
Major Provisions
Sets out that Israel is to first withdraw from major Palestinian population centers (Ramallah, Nablus, Qalqilya, Tulkarem, etc.) (Article X(1)) and that the Palestinian Authority is to maintain control over these areas. The Occupied Palestinian Territories are divided into three major “Areas” – A, B and C.
Area A – Consisting of approximately 17.2% of the Occupied West Bank, divided into 13 separate, non-contiguous areas, Area A is where the vast majority of the Palestinian population lives. The Palestinian Authority has responsibility for internal security and has wide civil powers. Israeli checkpoints surround each of these areas.
Area B – The majority of the remainder of the Palestinian population lives in “Area B,” consisting of 23.8% of theWest Bank. The Palestinian Authority has civil control over the area, but overall security control rests with Israel. Israeli checkpoints surround each of these areas.
Area C – Israel was able to strengthen its hold over the majority of Palestinian land (while carving away the Palestinian population) by creating “Area C,” consisting of 59% of the Occupied West Bank. Israel has full security and civil responsibility over these areas. This is the only contiguous area in the Occupied West Bank; it surrounds and divides Areas A and B.
Sets out that Israel to withdraw from other Palestinian population centers in three, six-month phases, with the first phased withdrawal occurring six months after the inauguration of the Palestinian Legislative Council and the final withdrawal ending 18 months after the date of the Council’s inauguration. (Annex I, Article I(9)).
Provides that Palestinians are to hold elections.
Provides that Israel is not to take any steps that change the status of the West Bank and the Gaza Strip. (Article XI(1)).
Israel agrees to release Palestinian and Arab political prisoners (Article VXI(1)).
Israel’s Violations
Failure to Implement First Phase Withdrawal – Pursuant to Annex I, Article I(9), Israel was supposed to withdraw six months after the January 1996 inauguration of the PLC (i.e. in July 1996). Israel failed to withdraw for more than two years, finally withdrawing on 23 October 1998.
Failure to Implement Second Phase Withdrawal – Pursuant to Annex I, Article I(9), Israel was supposed to effect its second withdrawal by January 1997. Israel completed the withdrawal on March 21, 2000 – more than three years late.
Failure to Implement Third Phase Withdrawal – Pursuant to Annex I, Article I(9), Israel was supposed to effect its third withdrawal by July 1997. ISRAEL HAS NEVER COMPLETED THIS WITHDRAWAL. Israel continues to remain in almost exclusive control of the Occupied West Bank.
Failure to Release all Political Prisoners – Israel failed to release the thousands of political prisoners held in Israeli prisons and later the Supreme Court held that it was legal to continue to hold prisoners as “bargaining chips” for the release of Israelis in Lebanon.
Colony Expansion and Construction – Israel continued to build and expand illegal colonies in the Occupied Palestinian Territories (OPT), including providing incentives to Israelis to colonize the OPT. By the year 2000, the settler population in the OPT had almost doubled and Israel increased the number of illegal housing units in the Occupied West Bank colonies by 62% (excluding Occupied East Jerusalem).
Protocol Concerning the Redeployment in Hebron - 17 January 1997
Major Provisions
Due to the presence of 400 radical Jewish settlers in the heart of Hebron, a separate agreement had to be negotiated for the withdrawal of the Israeli Army from a city of 130,000 Palestinians.
Provides for the withdrawal of the Israeli Army from Hebron. (Article 1).
Israel’s Violations
Failure to Withdraw on Time –According to the Interim Agreement, a special agreement on Hebron was supposed to have been concluded by March 1996. Israel failed to conclude the agreement until 15 January 1997, 10 months later.
The Wye River Memorandum - 23 October 1998
Major Provisions
Due to Israel’s failure to withdraw from the OPT in accordance with the Interim Agreement, a separate agreement had to be renegotiated for the withdrawal of the Israeli Army.
Provides for the withdrawal of the Israeli Army in three phases, with the first two phases consisting of a withdrawal from 13% of Area C and the transfer of 14.2% of Area B to Area A. (Article I(A)).
Provides a timeline for the completion of outstanding obligations.
Reaffirms that Israel cannot continue its colonization of the OPT. (Article V).
Israel’s Violations
Failure to Withdraw on Time – In accordance with the timeline set out in the Memorandum,Israel was supposed to have completed the withdrawal by March 1999. The redeployment was completed in March 2000, a year overdue.
Colony Expansion and Construction – Israel continued to build and expand illegal colonies in the Occupied Palestinian Territories (OPT), including providing incentives to Israelis to colonize the OPT. By the year 2000, the settler population in the OPT had almost doubled and Israel increased the number of illegal housing units in the Occupied West Bank colonies by 62% (excluding Occupied East Jerusalem).
Sharm El-Sheikh Memorandum - 4 September 1999
Major Provisions
Due to Israel’s failure to:
Commence permanent status negotiations;
Withdraw from the OPT;
Release Palestinian prisoners and
Open the safe passage for Palestinians traveling between the West Bank and the Gaza Strip, a separate agreement had to be renegotiated to address these issues.
Provides for the commencement of negotiations with the view to concluding a framework agreement within five months and a permanent agreement within one year. (Article 1(c) and (d)).
Provides that permanent status negotiations shall resume no later than September 13, 1999. (Article 1(e)).
Provides that Israel is to withdraw from 11% of Area C by January 2000. (Article 2).
Provides that Israel shall release Palestinian prisoners. (Article 3).
Sets out that the southern safe passage will open on October 1, 1999 and that the northern safe passage route will be agreed upon by October 5, 1999. (Article 5).
Reaffirms that Israel cannot continue its colonization of the OPT. (Article 10).
Israel’s Violations
Failure to Commence Permanent Status Negotiations on Time – Negotiations resumed in November 1999, two months late and two years later than specified in the DOP.
Failure to Conclude a Framework or Permanent Agreement – Israel failed to conclude a permanent agreement by September 2000, and continues to occupy the West Bank (including Occupied East Jerusalem) and the Gaza Strip.
Failure to Release all Political Prisoners – Israel failed to release the remaining political prisoners held in Israeli prisons.
Failure to Open Safe Passage – Israel fails to open the safe passage for travel between the Gaza Strip and the West Bank, effectively caging in Palestinians into these areas.
Colony Expansion and Construction – Israel continued to build and expand illegal colonies in the Occupied Palestinian Territories (OPT), including providing incentives to Israelis to colonize the OPT. By the year 2000, the settler population in the OPT had almost doubled and Israel increased the number of illegal housing units in the Occupied West Bank colonies by 62% (excluding Occupied East Jerusalem).