Israeli View on Palestinian Security Commitments

(Communicated by the Israel Government Press Office)
Jerusalem, September 9, 1997

The Palestinian Authority's (PA) commitment to fight terror must be constant and absolute. It constitutes a sine qua non to the integrity of the peace process. The PA must fulfill the following measures to comply with its basic obligation under the Oslo Accords and the Hebron Protocol:

1. Full and Unconditional Security Cooperation
2. Deterrence and Punishment of Terror
3. Dismissal of Terrorist Elements from Police
4. Fulfillment of Hebron Security Commitments
5. Confiscation of Illegal Weapons
6. Cessation of Incitement to Violence
7. Limitations on Police Weapons
8. Reducing Size of Palestinian Police
9. Transfer of Wanted Terrorists to Israel
10. Dismantling Terror Infrastructure

Following are details regarding each measure:

1) Full and Unconditional Security Cooperation

Requisite Measures:

1. full bilateral security cooperation must be conducted on a continued and uninterrupted basis. As the US Secretary of State said in her remarks before the National Press Club on August 6, 1997, "there is no room for using security cooperation as leverage in a negotiation... Nor can the level of security cooperation ebb and flow with the ups and downs of negotiation. The Palestinian commitment to fight terror must be constant and absolute." Among the steps required are the sharing of information and coordination of law enforcement actions.

2. establishment of a monitoring and verification mechanism (e.g. inspections and spot checks) to ensure the fulfillment of the PA's security commitments (with US participation).

Obligation:

According to Article II (2) of Annex I to the Oslo 2 Accords, "Both sides will, in accordance with this Agreement, act to ensure the immediate, efficient and effective handling of any incident involving a threat or act of terrorism, violence or incitement, whether committed by Palestinians or Israelis. To this end, they will cooperate in the exchange of information and coordinate policies and activities."

In the Note for the Record attached to the Hebron Accord, the Palestinians reaffirmed their commitment to "strengthening security cooperation."

2)Deterrence and Punishment of Terror Requisite Measures:

Requisite Measures:

1. adoption of "an unrelenting effort to detect and deter potential terrorist acts... It means arresting and prosecuting those involved in planning, financing, supplying or abetting terrorism," as described by the US Secretary of State in her remarks at the National Press Club on August 6, 1997. As the Secretary noted, "the sine qua non for progress is a mutual commitment to security and against violence."

2. detention, arrest and imprisonment of all terrorists previously released by the PA in accordance with lists submitted by Israel (and others) and termination of the "revolving door" policy.

3. prosecuting and punishing terrorists involved in attacks against Israelis.

Obligation:

According to the Oslo 2 Accords (Article XV), "Both sides shall take all measures necessary in order to prevent acts of terrorism, crime and hostilities directed against each other, against individuals falling under the other's authority and against their property, and shall take legal measures against offenders." The accord also states (Article II (3c) of Annex I) that each side shall "apprehend, investigate and prosecute perpetrators and all other persons directly or indirectly involved in acts of terrorism, violence and incitement."

In the Note for the Record attached to the Hebron accord, the PA reaffirmed its commitment regarding the "apprehension, prosecution and punishment of terrorists".

3) Dismissal of Terrorist Elements From the Palestinian Police

Requisite Measures:

1. strict action against all PA personnel involved in terror or violence against Israelis, including dismissal from the PA security forces, arrest and imprisonment for crimes committed.

2. dismissal and banishment of PA Police Chief Ghazi Jabali.

Obligation:

The Oslo 2 accord states (Annex I, Article IV(4e)), "In accordance with Palestinian law, the employment of policemen who have been convicted of serious crimes, or have been found to be actively involved in terrorist activities subsequent to their recruitment, will be immediately terminated, and their weapons and police identification documentation will be confiscated."

4) Fulfillment of Hebron Security Commitments

Requisite Measures:

1. full implementation of all the PA's security commitments as specified in the Hebron accord.

Obligation:

The Hebron accord enumerates detailed security obligations incumbent on the PA in the section entitled "Security Arrangements Regarding Redeployment in Hebron."

5) Confiscation of Illegal Weapons

Requisite Measures:

1. effecting a program for the confiscation and collection of all illegal firearms. This includes "identifying and seizing arms caches", as noted by the US Secretary of State in her remarks before the National Press Club on August 6, 1997.

2. destruction of illegal firearms and weapons (under American supervision)

Obligation:

Under the Oslo 2 Accords (Article XIV (4); and Annex I, Articles II(1) and XI), the PA is obligated to disarm all militias operating in the autonomous areas and to confiscate all unlicensed weapons. In the Note for the Record attached to the Hebron accord, the PA reaffirmed its commitment regarding the "confiscation of illegal firearms".

6) Cessation of Incitement to Violence and Terror

Requisite Measures:

1. public denunciations of terror and violence (by senior PA leaders in Arabic) before Palestinian and Arab audiences.

2. unambiguous stand in opposition to terror as described by the US Secretary of State in her remarks before the National Press Club on August 6, 1997: "they fear that violence is being given a green light, or a yellow light, or a blinking light...what is essential for peace is an unceasing red...there can be no winks, no double meanings, no double standards..."

3. end to incitement to violence against Israel in all PA media outlets.

4. dismissal of mosque preachers and others who call for Israel's destruction.

5. establishment of a control mechanism for propaganda and incitement broadcasts (for example, through the F.B.I.S.).

6. prosecution and punishment of perpetrators of incitement.

7. formulating and effecting a comprehensive public education campaign regarding normalization with Israel and the rejection of violence and terror.

8. renaming the "Yihye Ayyash square" in Jericho.

Obligation:

Under Oslo 2 (Article XXII (1)), Israel and the PA "shall seek to foster mutual understanding and tolerance and shall accordingly abstain from incitement, including hostile propaganda, against each other and, without derogating from the principle of freedom of expression, shall take legal measures to prevent such incitement by any organizations, groups or individuals within their jurisdiction." It also states (Article XXII (2) that "Israel and the Council will ensure that their respective educational systems contribute to the peace between the Israeli and Palestinian peoples and to peace in the entire region, and will refrain from the introduction of any motifs that could adversely affect the process of reconciliation."

In the Note for the Record attached to the Hebron accord, the Palestinians reaffirmed their commitment regarding, "Preventing incitement and hostile propaganda, as specified in Article XXII of the Interim Agreement."

7) Adhering to Limitations on Type and Quantity of Police Weapons

Requisite Measures:

1. adhering to the limitations on the type and quantity of weapons in the possession of the Palestinian police.

Obligation:

Oslo 2 sets specific limits on the type and quantity of weapons which the Palestinian police are permitted to possess (Annex I, Article IV (5)).

8) Reducing the Size of the Palestinian Police to Agreed Level

Requisite Measures:

1. reducing the size of the Palestinian police (which currently consists of 35,500 men) to the level permitted under the Interim Agreement (i.e. 24,000 men).

2. submission to Israel of complete list of all police recruits for review and approval. Thus far, the PA has submitted only 18,500 names to Israel.

Obligation:

Under Oslo 2, the PA is currently allowed to deploy up to 24,000 policemen in Areas A and B, including Gaza, (Annex I, Article IV (3)). The accord also requires (Annex I, Article IV(4d)) that "the Palestinian side will notify Israel of any candidate for recruitment to the Palestinian police. Should Israel object to the recruitment of any such candidate, that person shall not be recruited."

9) Transfer of Wanted Terrorists to Israel

1. compliance with all 33 requests submitted by Israel for the transfer of suspects and defendants (including transfer either to Israel or the United States of 4 suspects involved in attacks in which Israeli-American citizens were killed).

Obligation:

Oslo 2 states that Israel may request from the PA the transfer of an individual located in the autonomous areas who is suspected of an offense that falls under Israeli criminal jurisdiction (Annex IV, Article 2, par. 7b). The PA is obligated to comply with all formal requests and to arrest and transfer the suspect to Israel (Annex IV, Article 2, par. 7f (1)).

In the Note for the Record attached to the Hebron Accord, the Palestinians reaffirmed their commitment that "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."

10) Dismantling Terror Groups and Their Infrastructure

Requisite Measures:

1. passage and implementation of legislation outlawing militias, terrorist organizations and groups which advocate or practice violence, such as Hamas, Islamic Jihad, the PFLP and armed Fatah units.

2. taking administrative, legal and police action against military, political, civilian, religious and economic infrastructure (welfare societies, mosques, educational institutions, health centers, banks, investment companies, etc.) which support terror, including measures against "those involved in planning, financing, supplying or abetting terrorists," as the US Secretary of State noted in her remarks to the National Press Club on August 6, 1997.

Obligation:

According to the Oslo 2 Accords (Article XIV (3)), "Except for the Palestinian Police and the Israeli military forces, no other armed forces shall be established or operate in the West Bank and Gaza Strip." The accord also stipulates (Article XV) that "Both sides shall take all measures necessary in order to prevent acts of terrorism, crime and hostilities directed against each other, against individuals falling under the other's authority and against their property, and shall take legal measures against offenders." In the Note for the Record attached to the Hebron accord, the Palestinians reaffirmed their commitment to "combat systematically and effectively terrorist organizations and infrastructure."