Communicated by the GPO
10 February 1999

Palestinian UN Initiative
is Twofold Violation of Oslo Accords

 

THE AGREEMENT
The Oslo Accords established a clear mechanism for the resolution of disputes between Israel and the Palestinians. In the September 13, 1993 Declaration of Principles (DOP), Israel and the PLO agreed to establish a Joint Israeli-Palestinian Liaison Committee "in order to deal with issues requiring coordination, other issues of common interest, and disputes" (Article X). The accord stipulates that any disputes which the parties are unable to overcome in the Committee, "may be resolved by a mechanism of conciliation to be agreed upon by the parties" (Article XV).
The Interim Agreement ("Oslo 2") signed on September 28, 1995, requires the two sides to resolve their disputes directly and, failing to do so, they may resort to other frameworks only via a mutually agreed upon mechanism. Article XXI, entitled "Settlement of Differences and Disputes", states, "Any difference relating to the application of this Agreement shall be referred to the appropriate coordination and cooperation mechanism established under this Agreement."
Thus, the Oslo Accords clearly and explicitly obligate Israel and the Palestinians to resolve disputes directly on a bilateral basis. The accords do provide for the resolution of disputes via arbitration, but this may take place only by mutual consent and not via unilateral measures taken by one side (Article XXI (3)).
The accords also require Israel and the Palestinians to resolve all final status issues only via direct negotiations.
In his September 9, 1993 exchange of letters with the late Prime Minister Yitzhak Rabin, Chairman Arafat undertook "that all outstanding issues relating to permanent status will be resolved through negotiations."
The September 28, 1995 Interim Agreement ("Oslo 2") states that the issues to be covered in the final status talks are to include: "Jerusalem, refugees, settlements, security arrangements, borders, relations and cooperation with other neighbors, and other issues of common interest" (Article

I(6)). Thus, the Palestinian Authority (PA) is obligated to negotiate final-status issues directly with Israel.
THE VIOLATION
The PA's initiative for the convening of the February 9, 1999 emergency UN General Assembly session, and the GA resolution to convene the High Contracting Parties to the Fourth Geneva Convention to enforce the Convention in areas won by Israel in 1967, is a twofold violation of the Oslo Accords. It contradicts the PA's obligations: 1) to resolve disputes with Israel only via bilateral negotiations; and 2) to negotiate final-status issues with Israel. The attempt to involve the United Nations General Assembly in this dispute undermines the peace process and destroys confidence in the negotiations.