MEMORANDUM

TO: Mr. Ahmad QureiMr. Hassan Asfour

FROM: Legal Advisors, Negotiations Support Unit

DATE: 14 June 2000

RE: Framework Agreement: Commitments to Refrain from Belligerency

Article 5 of the non-paper draft Framework Agreement provides, "The Parties shall refrainfrom direct or indirect acts or threats of [war], belligerency, and terrorism, against each otheror 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 effectivemeasures to ensure that such acts or threats do not originate from, and are notcommitted 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 theagreement:

• A campaign speech by an opposition member of the Palestinian legislature, in whichhe or she accuses Israel of economic strangulation and promises to do "whatever isnecessary" to change the situation. (This could be construed as an indirect threat ofbelligerency.)

• An editorial in a newspaper associated with the government that asserts that theexercise of the right of return should be expedited and suggests that refugees shouldattempt 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

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• If the word "control" is retained (instead of "command"), a bombing committed inWest Jerusalem by a Palestinian, even though Palestinian securityforces took all reasonablesteps 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 ofPalestine to violate the civil liberties of its citizens, such as freedom of speech and freedomof the press. Second, it could allow Israel to hold Palestine accountable for actions that itcould not reasonably have prevented. Israel could then use these purported "violations" as abasis for refusing to comply with its own treaty obligations.

Israel appears to seek a commitment from the Palestinians that (a) the government ofPalestine will not use or threaten to use or use force against Israel; (b) it will not organize orassist attacks by non-governmental forces against Israel or Israelis and (c) it will take allreasonable 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 beleft vague.

To achieve these goals, we recommend using language comparable to languagecontained in Israel's prior treaties with other Arab States. This language may be mostappropriate for three reasons: (1) it is clearer; (2) Israel has agreed to use it before; and (3) inthe event that a dispute arises regarding treaty interpretation, the historical interpretation ofthe 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

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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 orof any other kind, against each other, or of other actions or activities that adversely affectthe security of the other Party;

b.to refrain from organising, instigating, inciting, assisting or participating in acts orthreats 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 notcommitted within, through or over their territory (hereinafter the term "territory" includesthe airspace and territorial waters).

Israel-Egypt Peace Treaty

Article III

The Parties will apply between them the provisions of the Charter of the United Nationsand the principles of intemationallaw governing relations among states in times of peace.In particular: They recognize and will respect each other's sovereignty, territorial integrityand political independence; They recognize and will respect each other's right to live inpeace within their secure and recognized boundaries; They will refrain from the threat oruse of force, directly or indirectly, against each other and will settle all disputes betweenthem by peaceful means. Each Party undertakes to ensure that acts or threats ofbelligerency, hostility, or violence do not originate from and are not committed fromwithin its territory, or by any forces subject to its control or by any other forces stationedon its territory, against the population, citizens or property of the other Party. EachParty also undertakes to refrain from organizing, instigating, inciting, assisting orparticipating in acts or threats of belligerency, hostility, subversion or violence againstthe other Party, anywhere, and undertakes to ensure that perpetrators of such acts arebrought to justice. The Parties agree that the normal relationship established betweenthem will include full recognition, diplomatic, economic and cultural relations,termination of economic boycotts and discriminatory barriers to the free movement ofpeople and goods, and will guarantee the mutual enjoyment by citizens of the due processoflaw. The process by which they undertake to achieve such a relationship parallel to theimplementation 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

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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 offorce against the territorial integrity or political independence of any State, or in anymanner inconsistent with the purposes of the United Nations.

Every State has the duty to refrain from organizing or encouraging the organization ofirregular forces or armed bands, including mercenaries, for incursion into the territory ofanother State.

Every State has the duty to refrain from organizing, instigating, assisting, or participatingin acts of civil strife or terrorist acts in another State or acquiescing in organized activitieswithin its territory directed toward the commission of such acts, when such acts involve athreat or use of force.

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

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