1. Opening Fire On Israeli Forces
In September 1996, Palestinian policemen opened fire on Israeli soldiers
and civilians during the disturbances in Judea, Samaria and Gaza,
resulting in the deaths of 15 Israelis. The Palestinian Authority (PA)
leadership actively instigated the rioting and took no steps to halt the
armed attacks by PA police against Israeli forces. This was the most
grievous violation of the Oslo accords to date by the Palestinians. As
Joel Singer, legal advisor to Prime Ministers Rabin and Peres and one of
the chief architects of the Oslo accords, put it, "The Palestinian
policemen committed a very, very serious violation of one of the basic
principles in the agreement with Israel. Nothing can justify such
behavior." (Near East Report, October 21, 1996). The accords require
that the Palestinian police act to prevent violence and cooperate with
Israeli security forces (see, for example, Annex I, Article II). The
conceptual foundation of the Oslo Accords is the rejection of violence
and force as tools in the conduct of bilateral relations. By initiating
violence against Israelis, the PA has violated a cornerstone of the
agreement.
2. Failure To Confiscate Illegal Arms And Disarm And
Disband Militias
The PA is obligated to disarm and disband all militias operating in the
autonomous areas and to confiscate all unlicensed weapons (Article XIV;
and Annex I, Articles II (1) and XI). Nevertheless, five militias - Hamas,
Islamic Jihad, the PFLP, the DFLP and Fatah - continue to remain
armed, and the PA has refused to disarm them. The PA has failed to
undertake a systematic crackdown on illegal weapons, and has
confiscated just a few hundred of the tens of thousand of weapons
circulating in the autonomous areas. The PA's violation of these
provisions of the accord have allowed terror groups to remain active and
well-armed and to carry out deadly attacks against Israelis.
3. Failure To Extradite Suspected Terrorists To Israel
The PA is required to turn over for trial all suspects whose extradition is
requested by Israel (Annex IV, Article II(7)), yet they have not extradited
any of the 19 terror suspects whom Israel has sought for crimes such as
murder and attempted murder. By failing to turn over wanted suspects to
Israel, the PA has allowed terrorists to go unpunished, thereby
encouraging others to carry out attacks in the knowledge that they will
not have to answer for their actions.
4. Incitement To Violence Against Israel
The PA leadership is obligated to refrain from incitement to violence, as
part of their commitment to foster mutual understanding and to combat
terrorism Article XXII). Nonetheless, PA Chairman Yasser Arafat has
repeatedly called for jihad (holy war) against Israel, praised prominent
terrorists such as Yihya Ayyash "the Engineer" and encouraged acts of
violence against Israelis. On October 21, 1996, Arafat met with a
delegation of Hebron Arab notables, and in response to their complaints
about the presence of Jewish settlers in the city, he rebuked them,
saying. "What, have you run out of stones in Hebron?" (Voice of Israel,
October 22, 1996). Previously , on August 6, 1996, Arafat called Israel
a "demon" and urged Arabs to use "all means" at their disposal to fight
Israel (The New York Times, August 7, 1996). Speaking before
Palestinian forces in Gaza on September 24, 1996, Arafat said, "They
will fight for Allah, and they will kill and be killed../...Palestine is our land
and Jerusalem is our capital" (Maariv, October 4, 1996). Incitement by
Arafat and other senior PA officials encourages violence and
undermines attempts to foster peace and mutual understanding.
5. Failure To Change The PLO Covenant
The PLO was obligated to amend the clauses in the Palestinian National
Covenant which called for the destruction of Israel no later than May 7,
1996 (Article XXXII(9)). On April 24, 1996, the PLO's Palestinian
National Council (PNC) met and approved such an amendment in
principle, yet "the vote did not actually change the covenant but gave
authority to a PNC legal committee to do so or to draw up a completely
new charter within six months, " (The Jerusalem Post, April 25, 1996).
Six months have passed, and no such changes have been made, nor
has the PLO specified which particular articles will be changed, how they
will be changed or when the changes will go into effect. By leaving the
Covenant intact, the PLO sends a clear message that is has not
renounced violence nor accepted Israel's right to exist.
6. Opening PA Offices In Jerusalem
The PA is required to
locate all of its offices and ministries exclusively in areas under its
jurisdiction (Article I(7)). Nevertheless, the PA has violated this provision
by maintaining offices such as the Orient House in Jerusalem. The PA
Ministry of Religious Affairs and the PA Office of the Mufti are both
located in Jerusalem, and several other PA office operate in other
sections of the city. In addition, Palestinian policemen operate in
Jerusalem, in contravention of the agreements. They have been
involved in activities such as kidnapping, torturing, and killing
human-rights activists, journalists and suspected collaborators with
Israel and punishing perpetrators of "moral crimes."
7. Recruiting Terrorists To Serve In The Palestinian
Police
The PA is required to summit a list of all potential police recruits to Israel
for approval (Annex I, Article IV(4)) to forestall the possibility that
members of terrorist groups will join the PA security services. The PA
has consistently failed to provide comprehensive listings of potential
recruits to Israel and has proceeded to recruit policemen without prior
Israeli consent. In several instances, the PA has draftd wanted terrorists
to serve in the security forces. Abd al-Majid Doudin, who helped plan
the suicide bombing in Jerusalem on August 21, 1995, was convicted
and sentenced by a PA court to 12 years imprisonment, but was
subsequently freed and hired by the Palestinian police in Jericho.
Similarly, Rajah and Amr Abu-Sita, who murdered Uri Megidish on
March 8, 1993 and whose extradition was requested by Israel, were
drafted to serve in the PA police in Gaza, (Yediot Ahronot, June 24,
1994). Such steps by the PA endanger the prospects for cooperation
between Israeli and Palestinian security forces and
pose a security threat by providing terrorists with access to weapons and
intelligence information.
8. Exceeding The Limit On The Number Of Palestinian
Police
Under the Gaza-Jericho accord of May 1994, the PA was permitted to
deploy a total of 9,000 policemen (Annex I, Article III(3)), but in actuality
the number of Palestinian policemen was nearly 20,000. Under Oslo 2,
the PA my deploy up to 24,000 policemen in Areas A and B, including
Gaza, (Annex I, Article IV(3)), yet they have exceeded this figure by at
least 10,0000. Reports in late September 1996 suggest that the PA
security forces may exceed 50,000 men.
9. Abuse Of Human Rights And The Rule Of Law
The PA is obligated to conduct its affairs "with due regard to
internationally-accepted norms and principles of human rights and the
rule of law" (Article XIX). As various international human rights groups,
such as Amnesty and Middle East Watch have pointed out, the PA
security forces have systematically utilized arbitrary arrests, detention
and torture. Human rights activists, such as Bassam Eid, have been
abducted by PA security agents, and freedom of the press has been
virtually eliminated, with no criticism of the regime tolerated in the
Palestinian media.
10. Conduct Of Foreign Relations
The agreements explicitly
forbid the PA from conducting foreign relations, allowing instead the PLO
to conduct relations on the PA's behalf for a limited set of purposes, such
as concluding economic and cultural agreements (Article IX).
Nevertheless, the PA has violated this provision and engaged
repeatedly in diplomacy on the bilateral, multilateral (i.e. Arab League)
and international (i.e. United Nations) levels.
Communicated by the Prime Minister's Office
Jerusalem, 24 October, 1996
=======================
Dr. Aaron Lerner, Associate
IMRA (Independent Media Review & Analysis)
(mail POB 982 Kfar Sava)
Tel 972-9-904719/Fax 972-9-911645



