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The Hebron Protocol
in the Context of the Peace Process
January 15, 1997
The successful conclusion of negotiations leading to the signing of the
protocol regarding Hebron marks, once again, Israel's commitment to the
Middle East peace process and the Interim Agreement, and gives testimony
to the fact that the peace process continues to move forward. All who
truly support peace in the Middle East are called upon to exhibit both
patience and faith, especially during crises in the process, and to lend
their full support to both sides as they attempt to solve the outstanding
issues at hand in the spirit of dialogue and mutual respect.
The Interim Agreement, which was signed in September 1995, contained a
separate section entitled "Guidelines for Hebron" (Security Annex 1,
Article VII), which delimited two areas in Hebron: H-1 - where all
responsibilities are to be transferred to the Palestinians and H-2 - where
security responsibilities are to remain in the hands of Israel. The
Palestinians, according to the "Guidelines", are to have municipal and
civilian responsibilities throughout the entire city. When this section
was originally composed, it was formulated in a general manner which made
clear the need for further amplification before any actual redeployment
could take place.
It should be noted that Israel was to redeploy its forces in Hebron by
March 28, 1996. However, the scheduled redeployment was postponed by the
Government. The background to this postponement bears repeating. In
February and March of this year Israel was subjected to a wave of
terrorist attacks in which sixty three (63) Israelis were killed and
scores wounded. The Government of Israel was of the opinion that the
Palestinian Council had not done its utmost to thwart the terrorist
networks of Hamas and the Islamic Jihad. These concerns had major
implications for the redeployment of IDF forces in Hebron due to the
complex nature of the city.
A major cause for the delay in the negotiations was the egregious
violation of the DOP and the Interim Agreement by elements of the
Palestinian Police who opened fire, without provocation, on IDF and Border
Police units as well as on Israeli civilians. The tragic events of this
past September not only hindered the negotiations, but also underscored
the need to fashion carefully an agreement which would enhance security in
Hebron and minimize conflict, incitement and violence.
The Interim Agreement recognizes the presence of Israeli residents in
Hebron, and it was, therefore, necessary to agree upon the modalities for
safeguarding their security. The Government of Israel, throughout the
months of negotiations, has continued to view the security of the Israeli
inhabitants of Hebron as its major concern. This arrangement takes into
account the special circumstances which exist in Hebron, adding the
necessary and mutually agreed adjustments, without deviating from the
Interim Agreement.
All stages in the implementation of the Interim Agreement, including the
arrangement in Hebron, must be based on reciprocity. Israel will make a
supreme effort to ensure that the protocol is both implemented and
safeguarded and we expect the Palestinians to do likewise.
The following points, contained in the protocol, are worth noting:
- The redeployment of Israeli forces in Hebron will take place no
later than ten days after the signing of the protocol.
- After the redeployment in Hebron only about 50,000 Palestinians -
2% of a total Palestinian population of 2,300,000 in the West Bank and
Gaza - will remain under Israeli security jurisdiction. They are mostly
the inhabitants of widely dispersed rural villages which are located
within Area "C".
- The protocol places an emphasis on appropriate joint security
measures in order to safeguard public order and security, while ensuring
Israeli responsibility for the security of Jewish inhabitants residing in
the "H-2" area. The arrangements include two (2) joint patrols, three (3)
Joint Mobile Units (JMUs), four (4) Rapid Response Teams (RRTs) for
immediate intervention and a Joint Coordination Center. The Palestinian
and Israeli components of the JMUs will be equipped with equivalent
weapons (Palestinian police will carry submachine guns while Israeli
forces will be armed with M-16 carbines.)
- The main points of the protocol are devoted to minimizing
conflict between the two sides and engendering cooperation and mutual
trust among the security forces of Israel and the Palestinians.
- The protocol explicitly states that the same directives contained
in the Interim Agreement will apply specifically to Hebron. For
example:
"Israel shall continue to carry....the responsibility for overall security
of Israelis and settlements, for the purpose of safeguarding their
internal security and public order, and will have all the powers to take
the steps necessary to meet this responsibility."
(Article XII [1] )
- In H-1, for which the Palestinians have responsibility, as well
as in areas adjacent to H-2, a number of "non-friction" areas have been
established. The Palestinians have obligated themselves to prevent the
entry of armed persons and demonstrators or other people threatening
security and public order into these areas, which are officially termed
"Agreed Adjacent Areas" (AAA).
- The protocol places emphasis upon joint security activities in
those areas of H-1 which dominate the city topographically. Two JMUs and
both Israeli troops and Palestinian police will patrol the hills
overlooking the city.
- Palestinian police stations will be manned by up to 400 policemen
equipped with 20 vehicles and armed with 200 pistols, and 100 rifles for
the protection of the police stations.
- The Palestinian Police will ensure that all Palestinian policemen
will pass a security check, in order to verify suitability for their
assignment, prior to being posted to Hebron.
- Holy Sites - The Palestinian Police will be responsible for
security at four (4) Jewish holy places (excluding the Tomb of the
Patriarchs). Freedom of access to holy places will be guaranteed to all
believers and visitors.
- Both sides emphasize their commitment to safeguarding normal
daily life in the city and preventing provocations or discord. (To that
end steps will be taken to reopen the wholesale market and to gradually
allow vehicular traffic on Shuhada Street.)
It is worth noting that the cooperation between, and joint action by, both
Israeli and Palestinian security forces in the wake of the shooting of
Palestinian civilians on January 1, 1997 demonstrated, even before the
protocol was signed, the importance of coordination between the two sides.
The close ties and regular contacts between the two security forces
contributed to minimizing the extent of the tragedy. Continued endeavors
along these lines, coupled with growing mutual trust, will ensure a safe
and regular daily routine for all of the inhabitants of the city after the
protocol is signed.
- Both sides reaffirm their commitment to Hebron's unity. An
apportionment of the security responsibilities in Hebron does not entail
the city's division.
- Municipal services will be provided in an orderly fashion, at a
level equal in quality and expense for all the inhabitants of the city.
- TIPH - There will be a temporary international presence in the
city. On January 8, 1997 both sides requested that Norway extend the
mandate of its contingent presently in the city, and that five additional
countries participate in the expanded presence which will be established
after the redeployment. Both Israel and the Palestinians agreed to the
enlargement of the observer force, which is to number 180 observers, whose
mission will be to:
- Provide a sense of security to the inhabitants of Hebron.
- Assist in creating stability and an appropriate environment for
the benefit and prosperity of the Palestinian residents.
- Aid in the implementation of projects initiated by donor
countries.
- Encourage the economic development of Hebron.
- Observe and report.
The Hebron protocol does not "stand alone" and must be viewed within the
context of the Middle East peace process. Accompanying the protocol is a
"Note for the Record" wherein both sides reaffirm their commitment to the
"Oslo peace process" and, on the basis of reciprocity, undertake measures
for the implementation of the Interim Agreement.
Israel reaffirmed its commitment to the following measures and principles
in accordance with the Interim Agreement:
- The first phase of the further redeployments will be carried out
during the first week of March.
- Prisoner release issues will be dealt with in accordance with the
Interim Agreement's provisions and procedures, including Annex VII.
- Negotiations on the following outstanding issues will be resumed
immediately and conducted in parallel:
- Safe Passage
- Gaza Airport
- Gaza Port
- Passages
- Economic, financial, civilian and security issues
- People-to-People.
- Permanent status negotiations will be resumed within two months
after implementation of the Hebron Protocol.
The Palestinian side reaffirmed its commitment to the following measures
and principles in accordance with the Interim Agreement:
- Complete the process of revising the Palestinian National
Charter.
- Fighting terror and preventing violence, to wit:
- Strengthening security cooperation
- Preventing incitement and hostile propaganda, as specified in Article
XXII of the Interim Agreement
- Combat Systematically and effectively terrorist organizations and
infrastructure
- Apprehension, prosecution and punishment of terrorists
- Requests for transfer of suspects and defendants will be acted upon in
accordance with Article II(7)(f) of Annex IV to the Interim Agreement
- Confiscation of illegal firearms
- Size of the Palestinian Police will be pursuant to the Interim
Agreement.
- Exercise of Palestinian governmental activity, and location of
Palestinian governmental offices, will be as specified in the Interim
Agreement.
With the conclusion of the negotiations regarding Hebron, both sides will
have to continue their dialogue. Israel views peace as an interest vital
to all of the parties, and therefore all must work diligently to achieve
the desired results. The process will be long and arduous and have its
share of "ups and downs"; nevertheless, these negotiations have shown that
vital interests joined with good faith on the part of all concerned will
lead to progress. A corollary derived from this experience is that when
good faith and encouragement are replaced by skepticism and veiled
threats, then progress will per force be stymied. In order to ensure that
negotiations continue in a productive manner, a code of conduct
reaffirming the commitment of both sides to the negotiations and detailing
the manner in which they are to be pursued is desirable.
The negotiations with the Palestinians, important as they are, cannot be
divorced from their regional and social milieu. "People to People"
contacts, which are an integral part of the Interim Agreement and are
aimed at creating mutual respect and building bridges between Israel and
the Palestinians, are of special importance. Progress in the multilateral
track is essential, too, for the continued strengthening of the peace
process. The multilateral negotiations, especially in the areas of
economics, the environment and water resources, hold within them the
promise of resolving overarching issues which impact upon all of the
inhabitants of the Middle East.
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