MEMORANDUM

TO:

Mr. Ahmad Qurei Mr. Hassan Asfour Legal Advisors, Negotiations Support Unit 14 June 2000 Framework Agreement: Commitments to Refrain from Belligerency

FROM: DATE: RE:

Article 5 of the non-paper draft Framework Agreement provides, "The Parties shall refrain from direct or indirect acts or threats of [war], belligerency, and terrorism, against each other or by any elements under their [1: control] [p: command]." We are concerned that this language is too broad. In particular, the terms "indirect", "threats", "belligerency", "terrorism", and "elements under their control" -- read together -leave the provision very vague and vulnerable to misinterpretation.

We propose the following language: The Parties shall refrain from direct or indirect acts or threats of [war], belligerency, and terrorism, against each other. They shall also undertake necessary and effective measures to ensure that such acts or threats do not originate from, and are not committed within, through or over their territory.
Our reasons for proposing this change are as follows: As drafted, Israel could claim that the following actions constitute violations of the agreement: A campaign speech by an opposition member of the Palestinian legislature, in which he or she accuses Israel of economic strangulation and promises to do "whatever is necessary" to change the situation. (This could be construed as an indirect threat of belligerency.) An editorial in a newspaper associated with the government that asserts that the exercise of the right of return should be expedited and suggests that refugees should attempt to reenter their homes in Israel or throw paint on the doors to their homes. (This could be construed as an indirect threat of terrorism.)

Prepared by the Legal Unit of the Palestine Liberation Organization Negotiations Affairs Department, 14 June 2000

If the word "control" is retained (instead of "command"), a bombing committed in West Jerusalem by a Palestinian, even though Palestinian securityforces took all reasonable steps to prevent it. (This is an act of terrorism by elements under Palestinian control.)

This vagueness is dangerous for two reasons: First, it could allow Israel to press the state of Palestine to violate the civil liberties of its citizens, such as freedom of speech and freedom of the press. Second, it could allow Israel to hold Palestine accountable for actions that it could not reasonably have prevented. Israel could then use these purported "violations" as a basis for refusing to comply with its own treaty obligations. Israel appears to seek a commitment from the Palestinians that (a) the government of Palestine will not use or threaten to use or use force against Israel; (b) it will not organize or assist attacks by non-governmental forces against Israel or Israelis and (c) it will take all reasonable steps to prevent acts of political violence (or "terror") against Israel or Israelis. These are reasonable concerns. But they should be addressed clearly and specifically -

as was done in the Egyptian and Jordanian treaties with Israel. They should not be left vague. To achieve these goals, we recommend using language comparable to language contained in Israel's prior treaties with other Arab States. This language may be most
appropriate for three reasons: (1) it is clearer; (2) Israel has agreed to use it before; and (3) in the event that a dispute arises regarding treaty interpretation, the historical interpretation of the treaties with the Arab States may be used as a reference point.

Prepared by the Legal Unit of the Palestine Liberation Organization Negotiations Affairs Department, 14 June 2000

Israel-Jordan Peace Treaty 3.The Parties undertake, in accordance with the provisions of this Article, the following: a.to refrain from the threat or use of force or weapons, conventional, non-conventional or of any other kind, against each other, or of other actions or activities that adversely affect the security of the other Party; b.to refrain from organising, instigating, inciting, assisting or participating in acts or threats of belligerency, hostility, subversion or violence against the other Party; c.to take necessary and effective measures to ensure that acts or threats of belligerency, hostility, subversion or violence against the other Party do not originate from, and are not committed within, through or over their territory (hereinafter the term "territory" includes the airspace and territorial waters).

Israel-Egypt Peace Treaty Article III The Parties will apply between them the provisions of the Charter of the United Nations and the principles of intemationallaw governing relations among states in times of peace. In particular: They recognize and will respect each other's sovereignty, territorial integrity and political independence; They recognize and will respect each other's right to live in peace within their secure and recognized boundaries; They will refrain from the threat or use of force, directly or indirectly, against each other and will settle all disputes between them by peaceful means. Each Party undertakes to ensure that acts or threats of belligerency, hostility, or violence do not originate from and are not committed from within its territory, or by any forces subject to its control or by any other forces stationed on its territory, against the population, citizens or property of the other Party. Each Party also undertakes to refrain from organizing, instigating, inciting, assisting or participating in acts or threats of belligerency, hostility, subversion or violence against the other Party, anywhere, and undertakes to ensure that perpetrators of such acts are brought to justice. The Parties agree that the normal relationship established between them will include full recognition, diplomatic, economic and cultural relations, termination of economic boycotts and discriminatory barriers to the free movement of people and goods, and will guarantee the mutual enjoyment by citizens of the due process oflaw. The process by which they undertake to achieve such a relationship parallel to the implementation of other provisions of this Treaty is set out in the annexed protocol (Annex III).

Prepared by the Legal Unit of the Palestine Liberation Organization Negotiations Affairs Department, 14 June 2000

Declaration on Friendly Relations (U.N. Res. 2625 (XXV) (1970)) Every State has the duty to refrain in its international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any manner inconsistent with the purposes of the United Nations. Every State has the duty to refrain from organizing or encouraging the organization of irregular forces or armed bands, including mercenaries, for incursion into the territory of another State. Every State has the duty to refrain from organizing, instigating, assisting, or participating in acts of civil strife or terrorist acts in another State or acquiescing in organized activities within its territory directed toward the commission of such acts, when such acts involve a threat or use of force.

Prepared by the Legal Unit of the Palestine Liberation Organization Negotiations Affairs Department, 14 June 2000