Just What Did the Oslo Accords Say?

In the light of continuing violence and incitement, I think it is worth reminding ourselves just what do the two sides agree to in the Oslo accords.

Annex 1 ARTICLE II
Security Policy for the Prevention of Terrorism and Violence

2. 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. Each side shall immediately and effectively respond 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.

3. With a view to implementing the above, each side shall, in accordance with the provisions of this Agreement, carry out the following functions in the areas under its security responsibility:

a. protect all residents of, and all other persons present in, these areas;

b. actively prevent incitement to violence, including violence against the other side or persons under the authority of the other side;

c. apprehend, investigate and prosecute perpetrators and all other persons directly or indirectly involved in acts of terrorism, violence and incitement.

Now just who is not abiding by these principles?

Ten Points Regarding Fundamental Breach by the PA of Oslo Accords

Amb. Alan Baker  05.01.15 Jerusalem Center for Public Affairs 

1. The peace negotiation process as set out in the Oslo Accords was intended to lead to peace between Israel and the Palestinian People and mutual recognition of each other’s "mutual legitimate and political rights" (Preamble, Oslo I and Oslo II).

2. In this context Israel was prepared to compromise on the historic and legal rights of the Jewish People in the area, through agreement for peaceful relations. To this end the parties agreed in the Oslo Accords not to initiate or take any steps that will change the status of the territories pending the outcome of the permanent status negotiations (Oslo II, Article 31(7)).

3. Yasser Arafat, in his September 9, 1993, letter to Yitzhak Rabin, declared that "all outstanding issues relating to permanent status will be resolved through negotiations."

4. This overall series of commitments and obligations constitutes a contractual framework of obligations between Israel and the Palestinians, signed as witnesses and guarantors by the King of Jordan, the Presidents of the U.S. and Egypt, the Foreign Ministers of the Russian Federation and Norway, the EU and endorsed by the UN.

5. By petitioning the UN, the International Criminal Court and international organizations to recognize them and accept them as a full member state, and by their unification with the Hamas terror organization, the Palestinians have knowingly and deliberately bypassed their contractual obligations pursuant to the Oslo Accords in an attempt to prejudge the main negotiating issues outside the negotiation.

6. This, together with their attempts to delegitimize Israel among the international community and their attempted actions against Israel’s leaders, has served to frustrate any possibility of realization of the Oslo Accords, and as such the Palestinians are in material breach of their contractual obligations.

7. By the same token those countries supporting them are in breach of their obligations and guarantees as witnesses.

8. By all legal standards, according to the accepted and universally recognized laws of contracts and international agreements, a fundamental breach enables the injured party to declare the agreement void and is freed from any further obligations pursuant to the agreement or contract.

9. Therefore the fundamental breach of the Oslo Accords by the Palestinians is indicative of their conscious decision to undermine them and prevent any possibility of their implementation. As such they have rendered the Accords void.

10. In such a situation of fundamental breach and according to all accepted rules of contracts and agreements, Israel has the legitimate right to declare that the Oslo Accords are no longer valid and to act unilaterally in order to protect its essential legal and security interests.