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Palestinian Compliance with the Oslo Accords: A Legal Overview


(Jerusalem Center for Public Affairs) Amb. Alan Baker - The exchange of letters between Israel's Prime Minister Rabin and the PLO's Chairman Arafat, dated September 9, 1993, contains mutual declarations of recognition, reciprocal commitments to negotiate peace, and Palestinian declarations that "all outstanding issues relating to the permanent status will be resolved through negotiations" and "the PLO renounces the use of terrorism and other acts of violence." The Oslo Accords constitute the sole valid source of legal authority for the relationship between Israel and the Palestinians. They are the only authoritative legal source for the very existence of the Palestinian Authority. They were countersigned and witnessed by the U.S., Russia, the EU, Egypt, and Norway, and subsequently endorsed by the UN in several resolutions. Since the Oslo Accords remain the only valid, agreed, legal source of authority for the division of control, powers, and responsibilities between the Palestinians and Israel over various parts of the territories, pending the outcome of negotiations on their permanent status, Palestinian attempts in the UN General Assembly or through international judicial bodies to achieve some international acknowledgment that Israel is an "occupying power" are legally flawed and substantively wrong. Indeed, Palestinian actions in the international community violate the very integrity of the Accords. The continued advocating of terror, financing terrorists, and incitement to violence are incompatible with the Oslo Accords and specifically with Palestinian commitments to prevent terror and punish violators. The writer, who heads the Global Law Forum at the Jerusalem Center, served as legal adviser and deputy director-general of Israel's Ministry of Foreign Affairs and participated in the negotiation and drafting of the Oslo Accords with the Palestinians. This article is part of the Center's new "Oslo at 30" compendium.
2023-08-07 00:00:00
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