[IMRA note: The Barak Government's public affairs coordinator, Nahman Shai, released the following "white book" on 20 November 2000. The following is the complete text. Photographs and a graph in the publication have not been included. While the publication was distributed by the Government of Israel at an official meeting with the press, for some reason there is no identifying marking on the publication indicating the source of the publication, the author or that the Government of Israel is in any way associated with the publication]
Palestinian Authority and P.L.O.
Non-Compliance with signed agreements and commitments:
A record of bad faith and
misconduct
November 20 2000
Executive Summary
The present wave of violence - led by the Fatah
"Tanzim" - is essentially an attempt by Arafat to achieve, through
violence, his maximal political goals: and avoid the choices necessary to bring
the negotiations to a successful conclusion.
Key assumptions have thus been shattered:
* Arafat's conduct following the Camp David Summit indicates he preferred not to
face up to the tough decisions necessary for a historic
compromise.
* Instead of responsibility for the welfare of the governed we see him willing
to use Palestinian suffering, including the death of children on the frontline
(shamelessly exploited).
* Rather than take into account Israeli and Jewish
sensitivities (side by side with their own legitimate rights) the Palestinians
now prefer to stoke the fires of Islamic "Identity
Politics" ("al-Quds is in danger") so as to walk away from the
negotiations and replace them by international intervention.
The dynamics of "the struggle" took precedence over Palestinian
commitments. Breaches of these obligations include:
* Direct use of violence by Palestinian Police (which Arafat regards, in effect,
as the P.A. military forces) in violent clashes. One of the most serious
cases, for which P.A. Policemen bear at least a major part of the
responsibility, was the lynching of two IDF reservists in Ramallah on October
12,2000.
* Ambivalent attitudes towards terrorism, and at times
outright complicity. Tolerance towards the Hamas helped open the floodgates of
the terrorist campaign of February-March 1996; In the current crisis, P.A.
Preventive Security, let alone the "Tanzim" (militia) of Arafat's
Fatah movement, are actively involved in terrorist attacks and security
cooperation has been abandoned almost entirely.
* Failure to collect illegal weapons - thousands of which were left, from 1994
onwards in the hands of the Tanzim. Various illegal weapons were sighted in
the territories in recent events and during demonstrations and funerals.
* Incitement to Hatred - a key element in the current crisis has been the
relentless effort to mobilize "the Arab masses and destabilize the region -
asking "where is Saladin"? This comes against the background of a
broader pattern of education and public messages, which denigrate the Jews, and
reject the possibility of compromise solutions.
* The size of the Palestinian Police force- well over
40,000 on the payroll - remains in breach of the Interim Agreement.
* Palestinian Security Organs Operate Outside the Agreed Areas particularly
Preventive Security, acting in East Jerusalem in open breach of the
agreements.
* In Gaza Airport, there have been repeated cases of misconduct, which raise
questions regarding the illegal use of the Airport.
* On Foreign Relations, the P.A. has been acting in breach of the agreements as
to its interim status.
* Economic and Infrastructure agreements and procedures have been regularly
ignored.
* Criminal activities on a large scale - from car theft to excise tax fraud -
take place under P.A. auspices.
* In the recent crisis, the P.A. failed to protect Jewish Holy places in Nablus
and Jericho.
It should be recalled that the P.L.O. was not an "unknown quantity"
when it came into the Peace Process: its institutional record - of terrorism,
breach of agreements (with Arab governments - Jordan, Lebanon), and abuse of the
"governed" in areas under its control - meant that extensive formal
commitments were required - beginning with the pledges given to Prime Minister
Rabin prior to the signing of the Declaration of Principles. These, however were
often interpreted in a slippery way, or honored only when it was expedient for
Arafat and the P.A. to do so.
Table of Contents:
1. Why were formal commitments important in the post-1993 peace process?
2. Indications of Essential Bad Faith: Arafat creates a rationale for non-compliance
3. Specific aspects of non-compliance
* Direct Use of Violence:
* In the recent crisis;
* At all times (abductions of Israeli citizens, etc.).
* Terrorism - ambivalence and complicity
* Failure to Collect Illegal Weapons.
* Incitement and the Perpetuation of Hatred.
* Other Aspects of Palestinian non-compliance:
* The size of the Palestinian Police
* Security Organs Operating Outside Agreed Areas
* Breaches of the Agreed Practice at the Gaza (Dahaniyah) Airport
* No Action to Implement Policy on Visitors Permits
* Foreign Relations
* Economic and Infrastructure Breaches
* Criminal Activity under P.A. Auspices
* Failure to Protect Holy Plac
4. The Shattered Assumptions
* An Irreversible Choice for Peace;
* A Stake in the Welfare of the Governed;
* Give and Take at the Bilateral Table.
5. Root Causes
* Arafat's Strategy of Avoiding Choices;
* Diverting Attention from Domestic Failure;
* Conspiracy Theories and Miscalculations.
Appendices
Why were formal commitments important
in the post-1993 peace process?
Since September 1993 the P.L.O., as an organization, became a signatory to the
Declaration of Principles and Israel's negotiating partner. This meant that on a
broad set of issues, formal commitments were needed - to try and ensure, as much
as possible, that the P.L.O. leadership had clearly broken with past positions,
practices and patterns of bad faith, which had marked its conduct as a coalition
of "Fidai" (i.e. terrorist) organizations.
At various points in their history, the P.L.O. and its constituent organizations
were committed to a strategy of eliminating Israel as a state, (this strategy
was embodied, at the time, in the Palestinian National Covenant). They were
implicated in: -
* Extensive terrorist activity;
* Breach of agreements and understandings reached with host Arab states;
* Abuse and misgovernment in the zones which their "State within a
State" controlled in Lebanon.
It is against this background that Israel felt obliged to demand formal
commitments on some of the most basic and presumably obvious aspects of the
process. Such commitments were indeed obtained; but more often than not, they
were interpreted in a slippery way, particularly as regards the key issues of
security, the use of violence, and the prevention of terrorism.
Against the mounting evidence of bad faith, as detailed below, .Israel and
other parties engaged in the negotiations - kept alive the hope for a stable
peace, based on the assumption that the process, and its momentum, would modify
Arafat's stance on compliance and on the question of violence as an option. This
hope has now been shattered.
Indications of Essential Bad Faith; Arafat creates a rationale for
non-compliance
As early as Arafat's own speech on the White House lawn, on September 13, 1993,
there were indications that for him, the D.O.P. did not necessarily signify an
end to the conflict. He did not, at any point, relinquish his uniform, symbolic
of his status as a revolutionary commander; moreover, in terms of the broader
historic "narrative", as distinct from the official position at the
negotiating table, the map of "Palestine" remained as it has always
been for him, the entire territory of pre-1948 mandatory Palestine (as the
attached photograph, of an August 22 1999 visit to a school, clearly
indicates[photo from Al-Hayat al-Jadida showing Arafat standing next to such a
map].
On various occasions, Arafat continued to use the language of "Jihad", literally a "Struggle", but in the specific (religiously colored) context of the Palestinian struggle, a clear reference to the violent option. Thus, in a eulogy to a Palestinian official - on June 15 1995 (at the height of the Oslo Process)
- he paid homage, among others, to two women terrorists
(Dalal al-Mughrabi and 'Abir Wahidi); and spoke of the children throwing stones
as "the Palestinian Generals". He also swore to his audience (which
was clearly sympathetic with the Hamas) that "the oath is firm to
continue this difficult Jihad, this long Jihad, in the path of martyrs, the path
of sacrifices".
Of special interest, in this context, are Arafat's repeated references to the
Treaty of Hudaybiyyah, signed by the Prophet Muhammad with his Meccan enemies
when they were still stronger than him, and then abandoned (as he conquered the
city) within a much shorter time than the Treaty itself warranted. The first
such reference made public came shortly after the signing of the Interim
agreement, in the "Jihad" speech he made at the Mosque in
Johannesburg (obtained by the Jewish community, and broadcast in Israel in May
1994).
What Hudaybiyyah means for him was made even clearer when he spoke, a few months
later, on the occasion of the anniversary of the fire in al-Aqsa (an event, in
1968, caused by an Australian madman, but often used in Palestinian propaganda
as proof of Israel's evil intentions).
"Did the Prophet, Allah's Messenger, the Last of the Prophets, really
accept a humiliation [as "umar bin al-khattab blamed him?] No, and no
again. He did not accept a humiliation. But every situation has its own
circumstances"
(Palestinian Television, August 21, 1995).
The reference to the Hudaybiyyah treaty re-surfaced in 1998, coupled with the
warning that "all the options are open to the Palestinian people".
(Orbit television, April 18, 1998). In essence, here was a rationale for
accepting Oslo and the place at the negotiations, and the various commitments
involved, not as the building blocks of trust and cooperation but as temporary
measures, to be shed off when circumstances allow.
To Muslim audiences, such as the one he had in the Mosque in Johannesburg in
May 1994 (one of the first such speeches in the post-Oslo phase) Arafat a
former Muslim Brother, forced to leave Nasser's Egypt for that reason in the
1950's - spoke in the familiar idiom of Islamic radicalism.
To more secular audiences he offered a possible argument for the conditional or
.temporary nature of his commitments by addressing them in the context of the
"Strategy of Stages" for the Liberation of Palestine, as endorsed by
the PNC in 1974.
References to the 1974 decision to establish a "Palestinian Authority"
on any piece of land Israel would withdraw from were made by Arafat both on the
White house lawn in September 1993, and on the occasion of the first session of
the P.A. Legislative Council in March 1996 ("al-Ayyam", March 8,
1996).
This instrumental view of the commitment to non-violent means, central as this
commitment may have been to the entire process, was shared by Arafat's
lieutenants.
In a speech (documented on video) to a forum in Nablus in January 1996 -
again, at a time when the negotiations were going forward - Nabil Sha'ath
described the strategy in terms which then sounded unrealistic, but now ring
familiar:-
"We decided to liberate our homeland step-by-step... Should Israel continue
no problem. And so, we honor the peace treaties and non-violence... if and
when Israel says "enough"... in that case it is saying that we will
return to violence. But this time it will be with 30,000 armed Palestinian
soldiers and in a land with elements of freedom... If we reach a dead end we
will go back to our war and struggle like we did forty years ago".
Following the change of government in Israel, and three weeks before the actual
outbreak of violence over the opening of the Western Wall tunnel in Jerusalem, a
senior Palestinian Officer - Muhammad Dahlan, the Head of "Preventive
Security" in Gaza and currently complicit in the license given to terrorist
activity there - warned ("Al-Hayyat", September 2 1996) that a return
to the armed struggle, with the active participation of the P.A. forces, cannot
be ruled out in view of the impasse in the process.
In the wake of the "Tunnel" events (referred to by the Palestinians as
the "al-Aqsa Campaign"), Arafat spoke at the Dhaisheh refugee camp
near Bethlehem, and again stressed the continuous nature of the Palestinian
Jihad ("we know only one word...") and the fact that "All the
options are open".
Others continued to reflect this sentiment. The highest religious functionary in
the Palestinian hierarchy- the Mufti of "Jerusalem and the Palestinian
Lands," Shaykh lkrimah Sabri, told the Palestinian newspaper
"al-Ayyam" (March 3, 1997) that Jerusalem cannot be retrieved through
negotiations, and hence the only option is war. The Fatah leader in the West
Bank, Marwan Barghuti - a key operator in the present crisis - warned as early
as March 1997 that his men are inclined to resume the armed struggle, and
applauded the Hamas bombing in Tel Aviv, in which three women were killed
("al-Ayyam", "al-Hayyat al-Jadidah", March 26, 27 1997).
In a rally on November 15, 1998, Arafat again openly threatened that "the
Palestinian Rifle is ready and we will aim it if they try to prevent us from
praying in Jerusalem... the "Generals of the Stones" are ready".
(al-Ayyam, (November 16, 1998). In much the same vein, he spoke to Fatah cadres
from the Jerusalem area on the occasion of 31 years after the battle of Karameh,
and expressed readiness to face such battles in the future to defend Palestinian
rights ("Haaretz", March 21. 1999).
More recently - to some extent, under the influence of what was perceived as the
"victory" of Hizbullah in Lebanon - references to the violent option
proliferated, and indeed the training of children for the armed struggle was
deliberately used - during the Camp David Summit - as a hint of what was to come
if Palestinian demands were not met.
As the present crisis unfolded, it was Nabil Sha'ath again who offered an
explanation as to what Arafat had meant when he said that "All the options
are open": in an interview with ANN television in London (October 7, 2000)
he reminded his interlocutor that "No one believed him when he used to say
it... [but] The choice is not at all between options of negotiation and
fighting: you can have negotiations and fight at the same time" (as did the
Algerians and the Vietnamese). Hence, "the Palestinian people fight with
weapons, with jihad, with Intifada and suicide actions... and it is destined to
always fight and negotiate at the same time."
Specific aspects of non-compliance
The issues listed below are by no means exhaustive. They do, however, prove
that the rationale for non-compliance, as presented above, actually led to a
repeated pattern of abuse, misconduct and outright violence on the part of the
P.A.
In this respect, the current crisis does mark a watershed.
It has been preceded by previous "eruptions", including the
"Tunnel" Crisis of September 1996, and the short-lived
"Nakba" events in May 2000. Nevertheless, nothing in previous P.A.
practice resembles the collapse of all existing commitments, and the systematic
creation - day by day, week by week - of an atmosphere of raw emotions, fear and
hatred, in pursuit of a general Palestinian and Pan-Arab mobilization.
All of this is not only in breach of the clearly stated commitments offered at
the beginning of the Oslo process, but also in obvious, at times blatant,
rejection of the understandings reached at the recent Sharm al-Sheikh Summit.
The overwhelming pattern of disregard for both written and informal
understandings (overt or otherwise), and in particular the use of an illegally
armed militia - answerable to Arafat - in a Low-Intensity Conflict masked as
"popular protest" or an "Intifada", all confirm that from a
Palestinian point of view, the new dynamics of the "struggle" - and of
the call for Arab and International intervention - take precedence over
"pacta sunt servanda".
Beyond the current state of warfare, Palestinian non-compliance encompasses
broad aspects of everyday practice, from school texts to car theft. Some (not
all) of these are discussed here.
Direct Use of Violence
Clearly, the most obvious breach of the Palestinian commitments involves the
direct participation of its armed forces - the Palestinian "Police"
(in effect, Arafat's regular army) and the various Security organs - in armed
clashes with the I.D.F. or in attacks on Israeli citizens.
The pattern evident in the current crisis had already been established in 1996, when Palestinian policemen played a major role in the extensive clashes that left 15 Israeli soldiers dead; in effect, they acted as a fighting force - even in places where only hours earlier some of them participated in the Joint Patrols with the I.D.F., according to the Interim Agreement.
In the recent crisis, the role of the regular Palestinian forces has been
somewhat more ambiguous - in line with Arafat's interest in keeping his hand
half-hidden, and using mainly his militia forces - the Fatah "Tanzim"
or cadres - in the firefights and attacks on Israeli targets. Still, in the
context of the overall crisis.
Local Police commanders were, in fact, given orders, at times, to re-establish
law and order and restore the calm - but their actions often indicated that they
felt (or rather, realized) that such instructions do not fit in with Arafat's
broader support for the struggle (as reflected in the propaganda effort, as
detailed below) and were therefore half-hearted in carrying them out.
In many cases, Palestinian Policemen took an active part in the fighting, in
an organized fashion or as individuals; and there is no evidence (now or on
previous occasions) of disciplinary action being taken against those who did so.
There is evidence, moreover, as to the complicity of Preventive Security
operators - particularly in the Gaza Strip - in armed attacks on the I.D.F. and
on Israelis.
Perhaps the most serious event for which the Palestinian police bears a major
share of responsibility in the recent crisis was the lynching of two Israeli
reserve soldiers in Ramallah on October 12, 2000. It was indeed a mob which
killed them and mutilated their bodies: but it had been the Palestinian
policemen who captured them, brought them into the Police Headquarters at the
center of town, and then put up only a half-hearted effort to prevent the
attack. So far, the P.A. did nothing to punish those responsible.
Everyday Practices: the Palestinian Security Organs - such as Preventive
Security, as well as the General Intelligence Service and its arm in the
West Bank, under Colonel Tawfiq Tirawi, have been involved in other violent
actions in breach of the agreements, such as the abduction or unlawful arrest of
Israeli citizens (in some cases, Israeli Arabs suspected as
"collaborators"), and the murder of Palestinian real estate dealers
(suspected of selling land to
Jews).
Another salient case (outside the context of any specific local confrontation -
in which a senior P.A. official acted, in effect, as a terrorist involved BG
(now a Major General) Ghazi Jabali, the Commander of the Police Force,
issuing orders for an attack - actually carried out by two of his colonels
on settlers in the West bank in July 1997 ("Yediot Aharonot", July 18
1997).
Moreover, at various "friction points" (e.g. events in Bethlehem,
March 1998; the Gush Katif road in the Gaza Strip, July 1998; Khan Yunis,
February 1999), Palestinian policemen and members of other organized forces drew
weapons in support of violent demonstrators or in direct confrontations with the
I.D.F.
Ambivalence towards, or outright complicity in, acts of terrorism "I
want to make it clear that any arrangement or active understanding between the
P.L.O. and the Hamas on the possibility of continued terrorism by the Hamas,
with the consent of the P.L.O., would preclude an agreement and prevent
its implementation" (Prime minister Rabin at the Knesset, April 18 1994).
In terms of its impact on Israeli society, and hence on the prospects for
building the necessary bridges of trust and cooperation, it was the Palestinian
failure to comply with its commitments on restraining terrorism - and in fact,
the periodic courting of the Hamas and Islamic Jihad as partners in the struggle
- which left the most bitter legacy in 1995-1996, and now seems to be repeating
itself.
An important development, in this respect, was the understanding between the
P.A. and the Hamas leadership, in preparation for the January 1996 Legislative
Council elections - in effect, encompassing the sort of "rules of the
game" for terrorist action that Prime Minister Rabin had warned against,
more than a year earlier. -What the P.A. sought (in the draft exchanged with the
Hamas in October 1995) was "an end to military operations in or from the
National Authority's territory, or declaring them in any form". (JMCC daily
Press Summary, October 12, 1995).
The actual understanding, reached in Cairo between PNC Chairman Salim al-Za'anun
and Hamas leader Khalid Mash'al on December 21 1995 ("al-Quds",
December 22, 1995), allowed the Hamas to "hold on to its reservations"
as regards the Palestinian commitments [to restrain terrorism]; but the movement
did undertake "not to aim at embarrassing the Authority" - i.e., avoid
operations which the P.A. could be blamed for.
In a joint interview ("al-Nahar'", December 23, 1995), Za'anun went so
far as to explain that in the event of an attack in Hebron (then still under
Israeli rule) it will not be the Palestinians' duty to do anything about it; if
Israel wants to avoid such action, it should hurry up and withdraw from
the rest of the territories...
This concept was clarified by the PLO representative in the Arab League, Muhammad Subayh, a few months later: Hamas, he said, had committed itself not to act from inside Palestinian controlled areas (MENA in Arabic, March 8 1996, in FBIS-NES-96-048, March II). By the time this revelation was made, the terrorist campaign within Israel - which nearly brought down the entire process was already well underway. This only confirmed a general pattern of negligence and at times, active complicity, or at least tacit moral support for the Hamas on the part of the P.A. and its security organs.
Throughout the early period of consolidation in the areas under its control - from May 1994 onwards - Arafat resisted constant pressures by Israel to restrain the Hamas and restrict, if not destroy, the infrastructure established by the terrorist organization. The failure to do so put in question the basic underpinnings of the Oslo accords; and its most evident outcome was a sharp rise in the number of Israelis who fell prey to terrorist attacks during this period.
Arafat, throughout this period, continued to embrace the Hamas, in political
terms; when the "Engineer" Yahia 'Ayyash - the man behind many of the
worst Hamas attacks - was killed, he came to pay his condolences to the Hamas
leader Mahmud al-Zahhar ("al-Quds'\ January 6, 1996). Meanwhile, the
Preventive Security Chief in Gaza, Dahlan, apparently kept his contacts with the
leader of the "'Izz al-Din al-Qassam" forces - the Hamas military arm
- Muhammad Dheif (a childhood friend) and broke them off only after the second
bombing in Jerusalem. ("Haaretz", March 10 1996).
It was the political fallout (including intense international pressure)
following the suicide bombings of February-March 1996 which finally led to a
break in this pattern, as the P.A. belatedly awoke to the consequences of its
conduct on this issue.
Still, in March 1997 there was once again more than a hint of a "Green
Light " from Arafat to the Hamas, prior to the bombing in Tel Aviv (later
applauded by Barghuti, as mentioned above): this is implicit in the statement
made by a Hamas-affiliated member of Arafat's Cabinet, Imad Faluji, to an
American paper ("Miami Herald", April 5, 1997).
The next few years, in which the question of "reciprocity" took center
stage in the negotiations (culminating in the Wye River memorandum and the
attached security understandings), were marked by mixed results - the pressure
for security cooperation did lead to partial compliance, but no real steps
were taken against terrorist infrastructures; and the "revolving door"
practice - i.e., the release of active terrorists and Hamas
/Palestinian Islamic Jihad operators, long before they had served their terms -
became (and remained) a constant problem.
The P.A., since its establishment, has in fact taken a consistently lax attitude
towards terror activists. It did act, in periodic bursts, to arrest some of
them, and to respond (until the recent crisis broke; very rarely since) to
specific information from Israel or other (mostly U.S.) sources on actual
attacks being planned; but most of the time: -
* Its policy was to incorporate ex-Fatah "Hawks" (terrorists),
members, within the various security organs. In May 1994, as it entered Gaza,
the P.A. commissioned as policemen, among others, two brothers - Rajih and
'Arnru Abu Sittah - wanted for the murder of an Israeli in March 1993
("Yediot Aharonot" May 27 1994). More than 90 "hawks" - some
of them murderers of suspected Palestinian "collaborators"- were
recruited in September 1994 ("Haaretz", September 10, 1994).
* A similar practice applied to non-Fatah operators - on the assumption (often
deadly wrong) that this would "buy them off'. At one point, Ghazi Jabali
admitted that more than 150 members of the "opposition" movements
serve in his Police force (Palestinian television, June 24, 1997).
* It systematically refused, often in blatant disregard of the signed
commitment to do so, to extradite even a single terrorist from the list (over
thirty, at one time) demanded by Israel.
* In cases where the perpetrators of murders and other serious terrorist attacks
were in fact apprehended by the P.A. - at times, claiming that this was little
more than "protective custody" against Israeli retaliation - they were
put on trial overnight and given bogus sentences, so as to render them
unavailable for extradition.
One such event - the mock trial of two brothers in Jericho, for the murder of
two Israeli hikers in Wadi Qelt, in September 1995 - gave rise to a sharp
reaction in Israel: the Minister of Education at the time, Prof. Amnon
Rubenstein - a strong supporter of the process - made official note of the fact
that the P.A. was doing nothing to educate Palestinian youth for peace, that its
statements were destroying the effort to build trust, and that a "bad
joke" such as the Jericho trial rubs Israeli opinion up the wrong
way. (Education Ministry statement, September 18, 1995).
Failure to collect Illegal Weapons
Within days of the signing of the Interim Agreement, in Cairo, May 1995, The
Preventive Security Chief in the West Bank, Jibril Rajub, made it clear that the
Agreement - while expedient for the Palestinians, given the damage done to their
cause by the fall of the Soviet Union and Saddam's defeat in the Gulf war -
would not oblige them to act as "Lahad's Army" (the SLA, Israel's
allies in South Lebanon at the time) in restraining those who seek to carry out
armed actions against Israel.
"As to the question of weapons" reported "al-Nahar" on May
25 1994 - "Rajub divided it into three parts: the first, those under
national control, i.e. the weapons in the hands of national factions [such as
Fatah] which are directed against the occupation - those we shall sanction
and tolerate out of national responsibility. The second - those carried, now and
in the future, for social or personal reasons, and we shall study how to deal
with them. The third weapons in the hands of suspected characters,
bandits and spies, which will be collected at all costs".
This clearly meant that no serious effort would be made to implement the
unambiguous commitment to collect all illegal weapons. Fatah members continued
to carry arms openly, and in recent events have displayed items strictly
forbidden to be held in P.A. territories, such as various automatic weapons and
hand-grenades. There are indications that heavier weapons - bought, stolen or
smuggled - are in the hands of Palestinian forces or militias. In one case,
a cache of weapons from a stolen I.D.F. vehicle (see illustration) was
commissioned by a Palestinian commander, and retrieved only after intense
pressure on the P.A.
The requirement to collect illegal weapons was therefore re-incorporated in the Wye River memorandum, and again in the February 2000 Sharm el Sheikh summit.
The Palestinians agreed to design and implement - step by step - a detailed plan for that purpose, but in fact: - * The "Law of Arms and Ammunition" passed hastily by the P.A. Legislative Council in the wake of the Wye memorandum falls well short of the requirements outlined in the Interim Agreement;
* On the ground, Palestinian action has been very limited, as no plan was submitted; on some occasions, visible raids were made against specific arms merchants in the West bank and Gaza (for local/personal reasons).
* No further reporting was made to the monitoring
commission.
The use of illegally held weapons - particularly in the hands of the
"Tanzim" - thus became a key problem in the present crisis. It is also
a problem for Palestinian society at large: regular reports on the extensive use
of such weapons at wedding parties, etc., has given rise to sharp debate.
The answer, as propagated by the nationalist media - "turn all your gun
barrels towards the enemy".
Incitement and the Perpetuation of Hatred Since the Palestinian leadership continued to look upon the current situation as transitory, no systematic effort was made to re-educate Palestinian youth, or the public at large, as to the need to accept Israel as a neighbor and peace as a value. Most of the work done in this respect was carried out by external NGO's, such as Seeds of Peace.
It took a long and sustained effort to introduce some change and remove
explicit anti-Jewish texts from Palestinian school books, and even so, they do
not include any map showing Israel or even Tel Aviv as a city. As indicated
above, there is only one map of Palestine in use - and displayed in huge format
everywhere. Schools and institutions of higher education are used to perpetuate
this historic narrative. The question of education and incitement was raised at
the Wye River talks, and a joint committee was established to discuss it: but
not much action was taken - it was impossible to bridge the basic conceptual gap
- and the committee soon became defunct. The extent of Palestinian efforts to
perpetuate hatred and rejection of Zionism and Israel (and all too often, in
more popular usage, "the Jews") is too broad to cover, beyond certain
glaring visual examples.
In the run-up to the present crisis, two key officials played a salient role in
stressing to the Palestinian public the impossibility of any compromise and the
need to prepare for a confrontation:
* Hasan al-Kashif, the Director-General of the P.A. Ministry of Information, and a daily commentator in both the electronic media and "al-Ayyam", has been arguing that since the Palestinians cannot possibly accept the Camp David offers (or any other departure from the Arab interpretation of 242), they should prepare for a prolonged struggle (and hoard food);
* Shaikh lkrimah Sabri, Mufti of Jerusalem, kept up - in
the context of the discussion on the future of the Temple Mount, during and
after Camp David a steady flow of incitement and hatred, raising fears
(despite 33 years of Israeli rule) that the Jews plan to destroy al-Aqsa
and rebuild their temple, and the struggle for Jerusalem has begun.
Once the actual violence erupted, incitement took an unprecedented form,
designed to instill hatred and to mobilize "the Arab Masses". It was
marked, above all, by the incessant exploitation of the terrible visions of
Muhammad al-Durra's death (captioned as an "execution") - as well as
visual and highly detailed displays of the dead and injured, including guided
televised tours to the morgue, and close-ups of the wounds. Woven in with
nationalist songs - "where are the millions" [of Arabs], where are
'Umar and Saladin. (armed conquerors of Jerusalem) - this mix is broadcast
without respite for days on end, broken only by the news and by political
talk-shows (where participants, and even more so the callers, vie with each
other in the intensity of their anger, hatred and plans of action against
Israel).
In the final statement read by President Clinton at the recent Sharm el-Sheikh
summit, both sides were clearly expected to have committed themselves to put an
end to incitement as well as to violence. That did not happen. For a few hours
there was some" toning down in Palestinian television coverage of what was
described as "a peaceful intifada": but as night fell and the Tanzim
kept shooting, the propaganda machinery took its cue and the constant parade of
suffering and death resumed.
The suffering is real enough: so is the use made of it. It is increasingly
obvious - even to Palestinians? - that the mix of violence, and the political
exploitation of suffering, requires children to be pushed forward into harm's
way.
Other Aspects of Palestinian non-compliance
The key issues discussed above are by no means exhaustive. On a broad range of
other questions, the Palestinians either knowingly ignored or at least failed to
implement the commitments it has undertook; and its conduct further
undermined the very bridges of trust and cooperation which the interim period
was supposed to build.
The Size of the Palestinian Police
The number of Palestinian Policemen (in effect, soldiers) is in constant breach
of the Interim Agreements: when the overall situation was last reviewed, in
March 2000, it continued to exceed the agreed number - 30,000 - by more than
10,000; and only 20,000 among them have had their names submitted for Israeli
vetting and approval as required.
The Wye River memorandum, followed by the (first) Sharm el-Sheikh
commitments, included a mechanism designed to put an end to this situation; the
Palestinians undertook to transfer a list of all policemen. In February 2000
they indeed submitted two lists - one for active service Policemen (26,000)and
the other for unemployed men registered as Policemen (16,000). In any case, the
Palestinian side did not act to resolve this case of non-compliance.
Palestinian Security Organs Operating Outside the Agreed Areas
Another persistent breach of the agreements is the activity by Palestinian
policemen/ soldiers (regularly, in "B" areas - which should remain
under Israeli security authority; occasionally in "C" areas - designed
to remain fully in Israeli hands). Members of the various security organs,
particularly Preventive Security, (at all times and in all areas, including East
Jerusalem and Hebron), appear in zones where they may not operate without prior
coordination with the Israeli side.
Breaches of the Agreed Practice at the Gaza(Dahaniyyah) Airport
Since the Airport Protocol was signed, a pattern of systematic breaches and
disruptions has emerged: ambulances being used to circumvent inspection (and in
one case, on December 18, 1999, to run-in a wanted terrorist); workers
crowding around the aircraft, disrupting the agreed procedures; ignoring the
protocol provisions for the vetting of workers: and contracting a cargo facility
without notification.
Foreign Relations
Much of the P.A.'s network of foreign relations, either bilateral or in
terms of Palestinian participation in international organizations - including
the trade agreement signed with the European, is in contravention of the Interim
Agreement, which defined the limits of its authority (any document, agreement or
treaty signed with a foreign entity by a P.A. "Minister", as distinct
from a P.L.O. function, is in breach of the P.A.'s status.
Economic Breaches
The PA systematically blames Israel for mismanagement of PA funds. To its
public it claims that Israel has not transferred 800 million NIS to the PA and
that is the reason for lack of payment to teachers and other public workers.
That, in spite of the fact that Israel had transferred its dues (even during the
current crisis) and signed an agreement with the PA in June 2000 to include
purchase tax in the transfers.
The PA refused to acknowledge or pay the debts, which have grown to considerable
amounts, of the municipalities to the Israeli utility companies. Whenever the
utility companies tried to cut their services because of non-payment of
debts - the Palestinians blamed Israel for hurting the population. Another
example is the chop-shops which have thrived in the Palestinian controlled
areas.
Infrastructure Breaches
The P.A. regularly ignores agreed planning and zoning, as well as the
agreements on economic cooperation: -
* Building roads and public projects in area "C", where it has no
legal urisdiction;
* Invading state lands in area "C" and unassigned areas
("white" on the map) - some 180 such invasions in the Gaza Strip, and
210 in the West Bank, were counted in February 2000;
* Carrying out unlawful or uncoordinated water and electricity projects;
* Operating broadcasts on uncoordinated frequencies;
Criminal Activity under P.A. Auspices The Interim Agreement of 1994 committed both sides to cooperate in preventing crime and to exchange information; the Wye River memorandum in 1998 added a specific Ad Hoc Committee to discuss their economic relationship, including "Cooperation in combating car theft".
In fact, however, car theft and other forms of criminal activity continue to
thrive, often on such a scale that it is no longer possible to argue that it
could go on unless sanctioned to some extent by the Palestinian Police and
Security organs. There are indications that they take their cut on this
"industry" (most of the 45,000 vehicles stolen in Israel in 1997 are
assumed to have ended up in the P.A. areas, stripped for parts or even
"appropriated" by P.A. functionaries - "Haaretz", August 21,
1998) - and that a well placed call to senior Palestinian officers can in fact
retrieve a stolen vehicle.
Other forms of criminal activity that the P.A. regularly ignored or even
sanctioned involve financial fraud, large-scale excise tax schemes (one of which
involved the Preventive Security Chief in the West Bank, Jibril Rajub - his
Israeli accomplices were arrested and convicted); intellectual property crimes,
and marketing sub-standard products.
Failure to Protect Holy Places
On two major occasions, during the recent crisis, P.A. forces failed to uphold
their Interim Agreement obligations - and in the case of Joseph's Tomb, a
promise just given to Israeli commanders in the Nablus area - to protect holy
Jewish sites.
Following Israel's decision to evacuate Joseph's Tomb - so
as to avoid further bloodshed - it was looted, torched and in parts dismantled.
Local Palestinian commanders openly stated that no Israeli would set foot there
again; and indeed, one man who apparently wanted to visit the site was brutally
murdered, and a group of hikers (including women and children)
"suspected" of coming too near to the Tomb, were shot at, wounded and
one was killed.
Moreover, in October 12, 2000, Palestinian Police failed to prevent the
desecration of the ancient "Shalom al Yisrael" synagogue in the
Jericho area, which was looted and partly torched. Belated attempts to undo the
damage seem to have been made largely because of the severe international
reaction to these failures to uphold Palestinian commitments (let alone
recognize Jewish religious sensitivities: an atmosphere
made worse by the crude arguments, used by Arafat and others to dismiss any
Jewish claim to the Temple Mount) ..
The Shattered Assumptions
What does this all add up to?
The very nature of the Oslo Process assumed that over time, if not overnight, a new reality of bilateral relations would be created on the ground, with an open prospect to Palestinian Sovereignty in sight. This would lead Arafat away from the option of violence and "struggle" (which he and others in the P.A. continued to articulate). This has not happened.
An Irreversible Choice for Peace?
In a recent article, written as a letter to Arafat ("Time to Choose,
Yasir", October 6 2000) the American columnist Thomas Friedman called upon
him to choose who he is: a peacemaker or an unregenerate revolutionary.
The evidence presented in this document - along with his conduct in recent weeks
- strongly suggests that this choice has not yet been made; or else that the
P.A. leadership has opted for violence, in response to the call for "hard
decisions" placed upon it after the Camp David Summit. Arafat had let it be
known to the Fatah movement, his key political and paramilitary instrument, that
he expects them to act (and take up arms); and this action was supported and
sustained by the heated intensity of the incitement dished out by Palestinian
media organs - papers, radio stations, and above all by Palestinian Television.
The option of an armed "intifadha" has been long in preparation, both
in terms of planning (as overall evidence, including the indications from
intelligence sources, has been showing well before the actual outbreak of
violence), and in the manner in which Palestinian and Arab public opinion was
worked up against the possibility of compromise on the key issues.
A Stake in the Welfare of the Governed?
Another assumption which sustained the process was the hope that as the P.A.
became an established "government", its choices in the future would be
colored by the need to provide for the best interests of the governed - even if
the evolution of democratic politics in the P.A. was far from complete.
This assumption, too, has been brought into question over time, and shattered
by recent events. In addition to broader problems arising from the P.A.'s
mismanagement of public and economic affairs, specific aspects of its policy
towards Israel - above all, the failure to deliver on the restraint of terrorism
and terrorist infrastructure - obliged Israel to apply restrictions on the
freedom of movement and employment of Palestinians. It is particularly young
people who are easily mobilized by the Hamas and its likes, within Israel.
It was easy enough for the P.A. to blame Israel for the consequences of these
restrictions; but at their root was Arafat's persistent ambiguity on his
security commitments (and indeed, when these were more strictly adhered to -
under pressure from outside - economic life in the Palestinian governed areas
improved significantly, as in 1998-1999).
The Palestinian leadership's disregard for the welfare of the governed has now risen to a new level. The thrust of Palestinian propaganda in recent weeks is unmistakable: suffering, particularly the death of children, has become instrumental as its rallying cry to its own people and the Arab world. Thus, it has systematically exploited the tragic death of the child Muhammad al-Durra at Netzarim junction - where he was caught in the crossfire of a gun battle, the P.A. deliberately misrepresenting his death as a "cold-blooded execution", often several times an hour throughout its television broadcasts.
In effect, this strategy feeds upon further suffering and disruption including self-induced economic hardships, while Israel actually seeks to ensure supplies to the P.A. areas. The tactics of the Fatah "Tanzim" (militia) are also apparently designed to bring about further suffering upon civilian populations - as made evident by their use of Beit Jala - a Christian community - to fire on Gilo in Jerusalem, with the full knowledge of the consequences for the (unwilling) residents.
Give and Take at the Bilateral Table?
At the core of the present strategy, as clearly stated in Arafat's speech at
the Emergency Arab summit in Cairo (October 21), is the threat that there will
be no regional nor international stability unless Palestinian demands are met;
and the call upon the international community to replace the current structure
of the process (the U.S., according to Arafat, having failed to impose
"International Legitimacy" in its Arab interpretation) with a
mechanism of coercion.
Palestinian suffering is thus made the focus of an 'appeal to the U.N. - including an abuse of the "Uniting for Peace" procedure (which enables the UN General Assembly to overrule the Security Council), and a spurious call for the Security Council to send forces, Kosovo-style, to "protect the Palestinian Territories" - all in an obvious effort to walk away from the negotiating table and avoid the tough choices involved.
Evidence for such concepts of "Internationalization" being worked on by Nabil Sha'ath, the P.A. Minister of Planning and International Cooperation, has been available for well over a year (e.g. his statement to al-Ayyam, an official P.A. organ, on May 9, 1999); the current drive for an international commission of inquiry is part and parcel of this design.
The Root Causes
What has led Arafat and the P.A. leadership to opt for violence and
incitement as an instrument of policy? A consistent pattern of behavior over
several weeks, with a clearly defined set of goals
("Internationalization" of the conflict) and with the means (televised
Palestinian sacrifice and suffering) apparently well-tailored to achieve them,
cannot be simply dismissed as a passing aberration or a "caprice".
Within the limits of what modern political science calls "bounded
rationality", Arafat's gamble is risky, but not irrational.
Still, to understand the root causes for this choice - or rather, the Palestinian refusal to choose, once and for all, the path of peace - it is necessary to point out, albeit briefly, some of the recurrent themes in Arafat's political conduct over the years.
Arafat's Strategy of Avoiding Choices
Throughout his tenure as a leader of Fatah movement and the P.L.O., Arafat
attached particular importance to the principle of maintaining "Istiqlal
al-Qarrar", i.e. his ability to avoid becoming anyone's "agent"
(and there were many in the Palestinian arena identified as working for some
Arab or foreign interests...).
A key element in his ability to do so, at least until a major crisis forced a
choice or a decision on him, was the constant manoeuver between the poles of any
regional or international system in which he worked - Egypt and her rivals in
the Arab world; the Cold War protagonists; the Syrians and their enemies in
Lebanon.
In recent years, this pattern of "fence-sitting" and indecision
evolved around two polarities:-
* Playing the U.S. (with which he established a dialogue in December 1988) vs. Iraq (which he came to see as a heroic Arab counter-balance to U.S. power). To some extent, this lactic is still at work. While speaking favorably of Clinton (as distinct from the U.S. Congress...) at the Emergency Arab Summit in Cairo, Arafat also endorsed the call for the lifting of sanctions on the Suffering Iraqi People. Pro-Iraqi sentiments, including the fervent call of demonstrators for Saddam Hussein to "hit, hit Tel Aviv" (with chemical warheads) are indeed rife among Palestinians even now, despite the lessons learned from the disastrous choice in 1990-1991.
* Playing the dialogue with Israel (and the formal obligations detailed above) - vs. an ambivalent attitude towards the Hamas, terrorism, and the use of violence: the consequences of this way of keeping his options open, and avoiding any implication that he now "belongs" to Israel (like the former S.L.A. in Lebanon...) have become manifest in the recent crisis.
Diverting Attention from Domestic Failure
In recent months - well before the Camp David Summit, and not necessarily in
connection with Arafat's positions in the negotiations - a broad body of
evidence (albeit vague and circumstantial, given the lack of reliable tools to
analyze Palestinian public sentiment under an authoritarian power structure)
indicated that much of the P.A.'s initial credit with its own
"constituency" has been spent: Khalil Shikaki's surveys of Palestinian
opinion found that Arafat's approval rates have been falling steadily - well
bellow 40% - and that a vast majority of respondents thought of the P.A.
institutions as venal, corrupt and incompetent.
At the core of the problem is the system of centralized economic monopolies,
dominated by Muhammad Rashid (Khalid Salam) and his PCSC - with a monopoly Of
several basic commodities ("Guardian", April 27, 1997); the al-Masri
family and their holding company, PADICO; and the varied economic interests of
the Security "bosses", Dahlan and Rajoub.
The results are clear to see: in a climate hostile to real competition and to
transparent free market practices, blatant disregard for personal property,
bribery, corruption and mismanagement of domestic and aid funds, as well as the
lack of compliance with commitments to refrain from those customs have been well
documented by the PA'S own public monitoring department, the "Donor
countries" and numerous NGO's.
The most striking proof of the PA'S mishandling of its population can be found
in the lack of care for its most needy population - the refugees. Not only does
the PA insist on not using any portion of its budget towards improving their
living standards, it is demanding 'that the international community increases
its support for them.
Calls upon Arafat, by some of his best friends - such as the Council of Foreign
Relations (CFR) team, which examined Palestinian governance - - went unheeded,
and calls for change from within were roughly repressed. Given this bleak
prospect (which reportedly led even Jerusalem's Palestinian residents, let alone
Israeli Arabs, to resist the notion of being transferred to P.A. governance...)
It is not surprising that Arafat may have felt more comfortable igniting a
nationalist struggle - and pinning the blame for future deprivations on Israel -
than focusing on the urgent need to reform the Palestinian system.
Conspiracy Theories and Miscalculations
Another recurrent pattern which does color Arafat's judgement, at times
and was certainly evident in the manner in which he "explained" the
current crisis to the Emergency Session of the Arab Summit - is his tendency to
weave conspiracy theories (Mu'amarat) and use them, with a thin line separating
fact from fiction. Thus - as an example - in a series of interviews in March and
April 1995, including a fascinating meeting with a sympathetic Israeli and
American audience, Arafat raised the argument that a secret Israeli organization
an "O.A.S." within the GSS... - working through the Hamas and
Palestinian Islamic Jihad, was in fact responsible for a series of terrorist
attacks such as the bombing in Beit Lid (in which 22 Israelis died). It should
be noted that this fantastic argument came (already then) in conjunction with a
warning: any attempt by Israel to stall on the peace process - because of the
security "excuse", as he saw it - would have a terrible affect on
Israels standing in
the world:-
"King Hussein will not go on with you, the Egyptians will not, Senegal
will not, Mandela will not, if the process with us fails ...not with the whole
of Africa, and the five Muslim states in Central Asia, not with all of them, not
even with China. You know how strong our links are with all of these
states..." (Gid'on Levi in "Haaretz", April 28, 1995; see also
"al-Hayyat l-Jadidah", March 22, 1995).
This mixture of wild conspiracy theory, and the threat that Israel, the region
and the world will know no stability - unless his demands are met was
central, more recently, to his speech in Cairo, where he blamed Israel and the
I.D.F. for having conspired for more than a year to prepare the
"butchery" of the Palestinian people: hence the urgent need for
international protection to be introduced into all "Palestinian
Territories".
The danger implicit in such manipulative assertions and
"claims on reality" is that they can easily develop into a major
misreading of the situation and a harmful miscalculation - as was the case in
1995, when Arafat absolved himself in this manner from any serious effort
to curb terrorism; and might be the case now.
Appendix A; The key commitments undertaken by the P.L.O./ P.A.
"In light of the new era marked by the signing of the
Declaration of Principles, the PLO encourages and calls upon the Palestinian
people in the West Bank and Gaza Strip to take part in the steps leading to the
normalization of life, rejecting violence and terrorism, contributing to peace
and stability and participating actively in shaping reconstruction,
economic development and cooperation". (Arafat to the then Foreign Minister
of Norway, Johan Jorgen Holst, September 9, 1993 - in a letter which preceded
and enabled the DOP). This letter to Holst, and many other formal commitments
made since, -were in fact kept at times', but in a haphazard fashion, and only
when it was expedient to do so. All of this contradicts key commitments asked
for - and obtained - from the Palestinian negotiating partner over the years:
Combating Terror and Violence
* Renunciation of the use of terrorism and other acts of violence (Arafat's
Letter to Rabin, September 9, 1993).
* Recognition of the right of Israel to exist in peace and security (Arafat's
Letter to Rabin, September 9, 1993).
* Commitment to the peaceful resolution of the conflict and that outstanding
permanent status issues will be resolved through
negotiations (Arafats
Letter to Rabin, September 9,1993).
* Adoption of all necessary measures to prevent acts of
terrorism, crime and hostilities and taking of legal measures against offenders
(Gaza-Jericho Agreement, Article XVIII; Interim Agreement, Article XV).
* Establishment of a strong police force in order to guarantee public order and
internal security for Palestinians. (Declaration of Principles, Article
VIII; (Gaza-Jericho Agreement, Article VIII; Annex I, Article III; Interim
Agreement, Article XII, Article XIV).
* The Palestinian Police will act systematically against all expressions of
violence and terror (Interim Agreement, Annex I, Article 11.1).
* The Palestinian Police will arrest and prosecute individuals who are suspected
of perpetrating acts of violence or terror (Interim Agreement, Annex I, Article
11.1).
* Immediate, efficient and effective handling of any incident involving a threat
or act of violence or incitement (Interim Agreement, Annex I, Article 11.2).
* Apprehension, investigation and prosecution of those
directly or indirectly involved in acts of terrorism, violence and incitement
(Interim Agreement, Annex I, Article 11.3).
* Security arrangements concerning planning, building and zoning (Gaza-Jericho
Agreement, Annex I, Article VI; Interim Agreement, Annex I, Article XII).
* Reaffirmation of commitment to fight terror and violence (Note for the Record
on Hebron - January 1997).
* Reaffirmation of commitment to systematically and effectively combat terrorist
organizations and infrastructure (Note for the Record on Hebron January
1997).
* Reaffirmation of commitment to apprehend, prosecute
and punishment of terrorists (Note for the Record).
* Recognition that it is in their vital interests to
combat terrorism and fight violence (Wye River Memorandum, Article II).
* Israeli-Palestinian cooperation to combat violence and
terror (Wye River Memorandum, Article II).
* Comprehensive, continuous and long-term struggle
against terror and violence with respect to terrorists, terror support structure
and environment conducive to the support of terror (Wye River
Memorandum, Article II).
* Palestinian side will make known its policy of zero
tolerance for terror and violence against both sides (Wye River Memorandum,
Article II.A.Ia).
* Palestinian work plan to ensure the systematic and
effective combat of terrorist organizations and their infrastructure (Wye River
Memorandum, Article II.A.Ib).
* US-Palestinian committee to review the steps being
taken to eliminate terrorist cells and terror support structure (Wye River
Memorandum, Article II.A.Ic).
* Apprehension of individuals suspected of perpetrating
acts of violence and terror and establishment of US-Palestinian committee to
review such matter (Wye River Memorandum, Article
II.A.Id.e).
* Act to ensure immediate, efficient and effective handling of
any incident involving a threat or act of terrorism, violence or
incitement Exchange of information and
coordination of policies and activities in this regard (Sharm el-Sheikh
Memorandum, Article 8.a).
* I mmediate and effective response to the occurrence or
anticipated occurrence of an act of terrorism, violence or incitement and shall
take all necessary measures to prevent such an occurrence (Sharm el-Sheikh
Memorandum, Article 8.a).
Prevention of Incitement
* Abstention from incitement, including hostile propaganda and adoption of legal
measures to prevent such incitement (Interim Agreement, Article XXII).
* Non-introduction of motifs into educational systems (Interim Agreement,
Article XXII).
* Immediate, efficient and effective handling of any incident involving a threat
or act of violence or incitement (Interim Agreement, Annex I, Article 11.2).
* Active prevention of incitement to violence (Interim Agreement, Annex I,
Article 11.3).
* Apprehension, investigation and prosecution of those directly or indirectly
involved in acts of terrorism, violence and incitement (Interim Agreement, Annex
I, Article 11.3).
* Reaffirmation of commitment to prevent incitement and hostile propaganda (Note
for the Record).
* Issuance of a decree, comparable to existing Israeli legislation, prohibiting
all forms of incitement to violence or terror and establishment of mechanisms
for acting against all expressions or threats of violence or terror (Wye
River Memorandum, Article II.A.3a).
* Establishment of a US-Palestinian-Israeli committee to monitor cases of
possible incitement to violence or terror and to make recommendations and
reports on how to prevent such incitement (Wye River Memorandum, Article
II.A.3b).
* Immediate and effective response to the occurrence or anticipated occurrence
of an act of terrorism, violence or incitement and shall take all necessary
measures to prevent such an occurrence (Sharm el-Sheikh Memorandum, Article 8
.a).
Prohibition of Illegal Weapons
* No manufacture, sale, acquisition, importation or introduction of any
firearms, ammunition, weapons, explosives, gunpowder or related equipment into
the West Bank or Gaza Strip, except for those of the Palestinian
Police (Gaza-Jericho Agreement, Article IX.3; Interim Agreement, Article XIV).
* The Palestinian Police will prevent the manufacture of weapons as well as the
transfer of weapons to persons not licensed to possess them (Interim Agreement,
Annex I, Article X1.2).
* Limitations on arms and ammunition for the Palestinian Police (Gaza-Jericho
Agreement, Annex I, Article III.5, Interim Agreement, Annex I, Article IV;
Hebron Protocol, Article 5).
* Reaffirmation of commitment to confiscate illegal firearms (Note for the
Record).
* Ensuring an effective legal framework to criminalize any importation,
manufacturing or unlicensed sale, acquisition or possession of firearms,
ammunition or weapons in areas under Palestinian jurisdiction (Wye River
Memorandum, Article II.A.2a).
* Establishment and implementation of a systematic program for the collection
and appropriate handling of illegal weapons etc. (Wye River Memorandum,
Article II.A.2b).
* Establishment of a US-Palestinian-Israeli committee to assist and enhance
cooperation in preventing the smuggling or unauthorized introduction of weapons
or explosive materials into Palestinian areas (Wye River Memorandum, Article
ILA.2c).
* Continuation of the program for the collection of illegal weapons, including
reports (Sharm el-Sheikh Memorandum, Article 8.b). Security Cooperation with the
Israeli Side* Establishment of a Joint
Security Coordination and Cooperation Committee and District Coordination
Offices (Gaza-Jericho Agreement,Article VIII; Annex I, Article II; Interim
Agreement, Article XII).
* Establishment and operation of Joint Patrols and Joint Mobile Units
(Gaza-Jericho Agreement, Annex I, Article II; Hebron
Protocol,
Article 4).
* Establishment of Joint Aviation Committee and Maritime
Coordination and Cooperation Center (Gaza-Jericho Agreement, Annex I, Article
XI, XII; Interim Agreement, Annex I Articles XIII, XIV).
* Arrest and transfer of individuals suspected of,
charged with or convicted of an offense falling under Israeli criminal
jurisdiction (Gaza-
Jericho Agreement, Annex III, Article 11.7; Interim Agreement, Annex IV, Article
11.7).
* Requests for arrest and transfer of individuals to be
submitted to the Joint Legal Committee must be responded to within a
twelve-week period (Wye River Memorandum, Article
II.B.3)
* Full and comprehensive bilateral security cooperation
(Wye River Memorandum, Article II.B.I).
* Exchange of forensic expertise, training and
assistance (Wye River Memorandum, Article II.B.2).
* Establishment of high ranking US-Palestinian-Israeli
committee to assess current threats, deal with impediments to effective
security
cooperation and address steps being taken to combat terror and terror
organizations (Wye River
Memorandum, Article II.B.3).
* Undertaking to implement its responsibilities for security and security cooperation (Sharm el-Sheikh Memorandum, Article 8).
Appendix B
Implementation Of The Sharm E-Sheikh Understandings (17-29 October) 29 Oct.
2000
Public statements unequivocally calling for an end of violence Israeli side:
Unequivocal Palestinian side: Vague
Opening of international passages Israeli side: Completed
Opening of the Gaza Airport Israeli side: Open and operational
Opening of internal closure Israeli side: Completed
Ensure an end to violence and maintain the calmPalestinian side: Continuation of
live-fire from automatic weapons and use of explosive devices (~24 incidents per
day)
Renewal of security cooperation
Israel initialed 3 meetings which were convened at the RSC level
Renewal of cooperation towards the prevention of terrorism
Palestinian refusal to participate in Israeli initiated meetings; very low level
ad hoc cooperation
Eliminating points of friction
Palestinian side: No reduction
Reimprisonment of released terrorists and security
fugitives
Palestinian side: Hardly any activity- ~30 from over 100; almost all of the
30 were arrested before the Summit; 5 have since been released after their
arrest
End of incitement
Palestinian side: Continuation of incitement on official Palestinian broadcasts