The draft peace treaty presented by the Clinton administration to
Jerusalem and Damascus
as published in Ha'aretz - January 13, 2000
by Akiva Eldar
[Note: This draft text prepared by the American side has no official
or legal status and does not necessarily reflect the view of any
party. Its purpose is to serve as a tool in discussions and not as an
aid to interpretation of any official text. The material presented in
brackets is an effort to identify areas where discussions may need to
focus in particular. However, the other material included has also
not been agreed, may be linked to satisfactory resolution of the
other issues, and is not indended to constitute an official proposal
by any party. The text also contains further notes pointing out
topics for which no draft language is set forth at this stage. The
failure to mention other topics is not intended to exclude their
consideration. No draft text is included for the annexes that are
referred to throughout the document.]
7 January 2000
TREATY OF PEACE
BETWEEN
THE STATE OF ISRAEL
AND
THE SYRIAN ARAB REPUBLIC
PREAMBLE
The Government of the State of Israel and the Government of the
Syrian Arab Republic:
Aiming at the achievement of a just, lasting and comprehensive peace
in the Middle East based on Security Council resolutions 242 and 338
and within the framework of the peace process initiated at Madrid on
31 October 1991;
Reaffirming their faith in the purposes and principles of the Charter
of the United Nations and recognizing their right and obligation to
live in peace with each other, as well as with all states, within
secure and recognized boundaries;
Desiring to establish mutual respect and to develop honorable,
friendly and good neighborly relations;
Resolved to establish permanent peace between them in accordance with
this Treaty.
Have agreed as follows:
ARTICLE I - Establishment of Peace and Security within Recognized
Boundaries.
1. The state of war between Israel and Syria (hereinafter "the
Parties") is hereby terminated and peace is established between them.
The Parties will maintain normal, peaceful relations as set out in
Article III below.
2. The permanent secure and recognized international boundary between
Israel and Syria is the boundary set forth in Article II below. The
location of the boundary has been commonly agreed (Syrian position:
and is based on the June 4, 1967 line) (Israeli position: taking into
account security and other vital interests of the Parties as well as
legal considerations of both sides). Israel will (S: withdraw) (I:
relocate) all its armed forces (S: and civilians) behind this
boundary in accordance with Annex --- of this Treaty. (S: Thereafter,
each Party will exercise its full sovereignty on its side of the
international boundary, including as agreed in this Treaty.)
3. To enhance the security of both Parties, agreed security measures
will be implemented in accordance with Article IV below.
4. The time line at Annex --- sets forth an agreed schedule for
synchronized implementation of this and the other Articles of this
Treaty.
ARTICLE II - International Boundary
1. The international boundary between Israel and Syria is as shown on
the mapping materials and co-ordinates specified in Annex ---. This
boundary is the permanent, secure and recognized international
boundary between Israel and Syria and supercedes any previous
boundary or line of demarcation between them.
2. The Parties will respect the inviolability of this boundary and of
each other's territory, territorial waters and airspace.
3. A Joint Boundary Commission is hereby established. Its functions
and activities are set out in Annex ---.
ARTICLE III - Normal Peaceful Relations
1. The Parties will apply between them the provisions of the Charter
of the United Nations and the principles of international law
governing relations among states in time of peace.
In particular:
a. they recognize and will respect each other's sovereignty,
territorial integrity and political independence and right to live in
peace within secure and recognized boundaries; and
b. they will establish and develop friendly and good neighborly
relations, will refrain from the threat or use of force, directly or
indirectly, against each other, will cooperate in promoting peace,
stability and development in their region and will settle all
disputes between them by peaceful means.
2. The Parties will establish full diplomatic and consular relations,
including the exchange of resident ambassadors.
3. The Parties recognize a mutuality of interest in honorable and
good neighborly relations based on mutual respect and for this
purpose will:
a. promote beneficial bilateral economic and trade relations
including by enabling the free and unimpeded flow of people, goods
and services between the two countries.
b. remove all discriminatory barriers to normal economic relations,
terminate economic boycotts directed at the other Party, repeal all
discriminatory legislation, and cooperate in terminating boycotts
against either Party by third parties.
c. promote relations between them in the sphere of transportation. In
this regard, the Parties will open and maintain roads and
international border crossings between the two countries, cooperate
in the development of rail links, grant normal access to its ports
for vessels and cargoes of the other or vessels or cargoes destined
for or coming from that Party, and enter into normal civil aviation
relations.
d. establish normal postal, telephone, telex, data facsimile,
wireless and cable communications and television relay services by
cable, radio and satellite between them on a non-discriminatory basis
in accordance with relevant international conventions and
regulations; and
e. promote cooperation in the field of tourism in order to facilitate
and encourage mutual tourism and tourism from third countries.
Annex --- sets forth the agreed procedures for establishing and
developing these relations, (I: including the schedule for the
attainment of relevant agreements as well as arrangements concerning
the Israelis and Israeli communities in areas from which Israeli
forces will be relocated pursuant to Article I).
4. The Parties undertake to ensure mutual enjoyment by each other's
citizens of due process of law within their respective legal systems
and before their courts.
(Notes: (I) Components of normal peaceful relations which require
further discussion: cultural relations; environment; interconnection
of electricity grids; energy; health and medicine; and
agriculture.
(II) Other possible areas for consideration: combating crime and
drugs; anti-incitement cooperation; human rights; places of
historical and religious significance and memorials; legal
cooperation in the search for missing persons.)
ARTICLE IV - Security
A. Security Arrangements
Recognizing the importance of security for both Parties as an
important element of permanent peace and stability, the Parties will
employ the following security arrangements to build mutual confidence
in the implementation of this Treaty and to provide for the security
needs of both Parties:
1. Areas of limitation of forces and capabilities, including
limitations on their readiness and activities, and on armaments,
weapon system and military infrastructure, as described in Annex
---.
2. Within the areas of limitation of forces and capabilities, the
establishment of a demilitarized zone (I: encompassing both the area
from which Israeli forces will be relocated and the existing Area of
Separation established under the Agreement on Disengagement between
Israeli and Syrian Forces of 31 May 1974) (S: of equal scope on both
sides of the border). As described in Annex ---, no military
forces, armaments, weapon systems, military capabilities, or military
infrastructure will be introduced into the demilitarized zone by
either Party and only a limited civil police presence may be deployed
in the area. (I: Both sides agree not to fly over the demilitarized
zone without special arrangements.)
3. Early warning capabilities, including an early warning ground
station on Mt. Hermon (I: with an effective Israeli presence) (S:
operated by the United States and France under their total auspices
and responsibilities). Arrangements for the unimpeded, efficient and
continuous operation of this station are as detailed in Annex
---.
4. A monitoring, inspection and verification mechanism (I: composed
of the two Parties and a multinational component and including
on-site technical means) (S: through an international presence), to
monitor and supervise the implementation of the security
arrangements.
Details regarding these security arrangements, including their scope,
positioning and nature, as well as other security arrangements, are
specified in Annex ---.
B. Other Security Measures
As further steps to ensure a permanent cessation of hostilities of
any form between the Parties or from their territories against each
other.
1. Each Party undertakes to refrain from cooperating with any third
party in a hostile alliance of a military character and will ensure
that territory under its control is not used by any military forces
of a third party (including their equipment and armaments) in
circumstances that would adversely affect the security of the other
Party.
2. Each Party undertakes to refrain from organizing, instigating,
inciting, assisting or participating in any acts or threats of
violence against the other Party, its citizens or their property
wherever located, and will take effective measures to ensure that no
such acts occur from, or are supported by individuals on, its
territory or territory under its control. In this regard, without
prejudice to the basic rights of freedom of expression and
association, each Party will take necessary and effective measures to
prevent the entry, presence and operation in its territory of any
group or organization, and their infrastructure, which threatens the
security of the other Party by the use of, or incitement to the
use of, violent means.
3. Both Parties recognize that international terrorism in all its
forms threatens the security of all nations and therefore share a
common interest in the enhancement of international cooperative
efforts to deal with this problem.
C. Cooperation and Liaison in Security Matters
The Parties will establish a direct liaison and coordination
mechanism between them as described in Annex --- to facilitate
implementation of the security provisions in this Treaty. Its
responsibilities will include: direct and real-time communication on
security issues, minimization of friction along the international
border, addressing any problems arising during the implementation
process, helping to prevent errors or misinterpretations, and
maintaining direct and continuous contacts with the monitoring,
inspection and verification mechanism.
ARTICLE V - Water
1. The Parties recognize that full resolution of all water issues
between them constitutes a fundamental element in ensuring a stable
and lasting peace. (S: Based on relevant international principles and
practices), the Parties have agreed to establish (I: arrangements
that will ensure the continuation of Israel's current use in quantity
and quality of all) (S: mutually agreeable arrangements with respect
to water quantities and quality from) the surface and underground
waters in the areas from which Israeli forces will (I: relocate) (S:
withdraw) pursuant to Article I, as detailed in Annex ---. (I: The
arrangements should include all necessary measures to prevent
contamination, pollution or depletion of the Kinneret/Tiberias and
Upper Jordan River and their sources.)
2. For the purposes of this Article and Annex ---, the Parties
will establish (I: a Joint Water Committee and a supervision and
enforcement mechanism) (S: a Joint Administrative Board). The
composition, mandate and mode of operations of the (I: Joint Water
Committee and the supervision and enforcement mechanism) (S: Joint
Administrative Board) will be as detailed in Annex ---.
3. The Parties have agreed to cooperate on water-related matters, as
detailed in Annex ---, (I: including ensuring the quantity and
quality of water allocated to Israel under other agreements
concerning water originating in Syria.)
ARTICLE VI - Rights and Obligations
1. This Treaty does not affect and shall not be interpreted as
affecting in any way the rights and obligations of the Parties under
the Charter of the United Nations.
2. The Parties undertake to fulfill in good faith their obligations
under this Treaty, without regard to action or inaction of any other
Party and independently of any instrument external to this Treaty.
3. The Parties will take all the necessary measures for the
application in their relations of the provisions of the multilateral
conventions to which they are Parties, including the submission of
appropriate notification to the Secretary General of the United
Nations and other depositories of such conventions. They will also
abstain from actions that would curtail the rights of either Party to
participate in international organizations to which they belong in
accordance with the governing provisions of those organizations.
4. The Parties undertake not to enter into any obligation in conflict
with this Treaty.
5. Subject to Article 103 of the United Nations Charter, in the event
of a conflict between the obligations of the Parties under the
present Treaty and any of their other obligations, the obligations
under this Treaty will be binding and implemented.
ARTICLE VII - Legislation
The Parties undertake to enact any legislation necessary in order to
implement the Treaty, and to repeal any legislation that is
inconsistent with the Treaty.
ARTICLE VIII - Settlement of Disputes
Disputes between the Parties arising out of the interpretation or
application of the present Treaty shall be settled by negotiation.
ARTICLE IX - Final Clauses
1. This treaty shall be ratified by both Parties in conformity with
their respective constitutional procedures. It shall enter into force
on the exchange of instruments of ratification and shall supercede
all previous bilateral agreements between the Parties.
2. The Annexes and other attachments attached to this Treaty shall
constitute integral parts thereof.
3. The Treaty shall be communicated to the Secretary General of the
United Nations for registration in accordance with the provisions of
Article 102 of the Charter of the United Nations.
DONE THIS DAY ------ IN -------- IN THE ENGLISH, HEBREW AND ARABIC
LANGUAGES, ALL LANGUAGES BEING EQUALLY AUTHENTIC. IN CASE OF ANY
DIVERGENCE OF INTERPRETATION, THE ENGLISH TEXT WILL BE
AUTHORITATIVE