PALESTINIAN INITIATIVE TO CONVENE SPECIAL UN GENERAL ASSEMBLY SESSION
VIOLATES THE OSLO ACCORDS
13 November 1997
(Communicated by GPO)
THE AGREEMENT
The Oslo Accords established a clear mechanism for the resolution of
disputes between Israel and the Palestinians based on the principle of
bilateral negotiations and mutual conciliation.
In the Declaration of Principles (DOP), which was signed on September 13,
1993, Israel and the PLO agreed to establish a Joint Israeli-Palestinian
Liaison Committee "in order to deal with issues requiring coordination,
other issues of common interest, and disputes" (Article X). The accord
stipulates that any disputes whichthe parties are unable to overcome in
the Committee, "may be resolved by a mechanism of conciliation to be
agreed upon by the parties" (Article XV).
The Interim Agreement ("Oslo 2") signed on September 28, 1995, requires
the two sides to resolve their disputes directly and, failing to do so,
they may resort to other frameworks only via a mutually agreed upon
mechanism. Article XXI, entitled "Settlement of Differences and Disputes
", states, " Any difference relating to the application of this Agreement
shall be referred to the appropriate coordination and cooperation
mechanism established under this Agreement."
The article further states that, "The provisions of Article XV of the DOP
shall apply to any such difference, which is not settled through the
appropriate coordination and cooperation mechanism, namely:
1. Disputes arising out of the application or interpretation of this
Agreement or any related agreements pertaining to the interim period shall
be settled through the Liaison Committee.
2. Disputes which cannot be settled by negotiations may be settled by a
mechanism of conciliation to be agreed between the parties."
Thus, the Oslo Accords clearly and explicitly obligate Israel and the
Palestinians to resolve disputes directly on a bilateral basis.
The accords do provide for the resolution of disputes via arbitration, but
this may take place only by mutual consent and not via unilateral measures
taken by one side. Article XXI (3) states, "The Parties may agree to
submit to arbitration disputes relating to the interim period, which
cannot be settled through conciliation. To this end, upon the agreement of
both Parties, the Parties will establish an Arbitration Committee."
THE VIOLATION
The initiative by the Palestinian Authority (PA) to convene a special
session of the United Nations General Assembly on November 13, 1997 in
order to ostracize Israel is a violation of both the letter and the spirit
of the Oslo Accords. The underlying premise of the accords is that Israel
and the Palestinians will seekto resolve their differences directly. The
attempt to involve the United Nations General Assembly in a bilateral
dispute harms the peace process
and undermines confidence in the
negotiations between the two sides.