Agreement on Temporary International Presence in the City of Hebron (II)

Export agreement:

Export agreement coding (PDF)

Country/entity: Israel
Palestine
Region: Middle East and North Africa
Agreement name: Agreement on Temporary International Presence in the City of Hebron (II)
Date: 21 Jan 1997
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Arab-Israeli Conflicts (1948 - )
This conflict involves Israelis and Palestinians over territory and belonging and has long historical antecedents. The agreements post-1990 are between the Palestinian Liberation Organisation (PLO) and Israel, with some supporting inter-state agreements (i.e. between Israel and Jordan). More recently the importance of the once dominating Palestinian Liberation Organisation (PLO) has diminished not in the least due to the effective disappearance of its left-wing members and the loss of the popularity of their political wing, Fatah. Hamas and other Islamic groups have attained significant relevance in Fatah’s stead, with Hamas controlling the Gaza strip (from which Israel ultimately unilaterally withdrew (not coded as a peace agreement).

Geo-political implications of the conflict have been considerable across the MENA region.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Israel-Palestine peace process
Parties: Israel, signed for Eytan Bentsur; PLO, signed for by Saeb Erekat.
Third parties: -
Description: This agreement supercedes the agreement on Temporary International Presence in the city of Hebron of 9 May 1996 and provides that there will be a Temporary International Presence in Hebron.

Agreement document: IL_PS_970121_Agreement_on_Temporary_International_Presence_in_the_City_of_Hebron_II.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 2, b. A Joint Hebron Committee shall be established comprising the Israeli Military Commander and the Palestinian Police Commander of the Hebron District, the Israel and Palestinian heads of the Hebron District Civil Liaison Office, and a representative of the TIPH. This committee shall receive reports from the TIPH on specific events and shall deal with any issues arising from the presence and activity of the TIPH which cannot be dealt with by the DCO. The committee shall meet on a weekly basis, or on the request of any of its members.

c. The Monitoring and Steering Committee established pursuant to the Interim Agreement will receive periodic reports from the TIPH. Each side of this committee will designate one of its members to form a group together with representatives of the TIPH in order to discuss matters of policy on a bi-weekly basis or on the request of the TIPH.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Proportionality
Summary: Provision is made for a Temporary International Presence in Hebron (TIPH) thereby sharing power with international actors; delimitation of Palestinian and Israel forces and police is provided for, see below.

Page 1, 1. ...It will be stationed in and operate within the City of Hebron as delineated on map No. 9 attached to the Interim Agreement. In all its activities, the TIPH will relate to Hebron as one city....

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 2, 9. TIPH personnel shall enjoy freedom of movement for the performance of their tasks within the City of Hebron, as set out in the modalities referred to in paragraph 1.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, 5. The tasks of the TIPH personnel will be:
b. to help promote stability and an appropriate environment conducive to the enhancement of the well-being of the Palestinians of Hebron and their economic development;
...e. to encourage economic development and growth in Hebron;

Page 2, 6. The development projects referred to in paragraph
5.d above will be identified by the Hebron municipality and the relevant Palestinian ministries in cooperation with the member countries of the TIPH.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 3, 12. The expenses of the TIPH will be borne by the participating countries.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: Page 1, 3. TIPH personnel shall have no military or police functions, nor will they interfere in disputes, incidents or the activities of Israeli security forces or the Palestinian Police.

Page 2, b. A Joint Hebron Committee shall be established comprising the Israeli Military Commander and the Palestinian Police Commander of the Hebron District, the Israel and Palestinian heads of the Hebron District Civil Liaison Office, and a representative of the TIPH. This committee shall receive reports from the TIPH on specific events and shall deal with any issues arising from the presence and activity of the TIPH which cannot be dealt with by the DCO. The committee shall meet on a weekly basis, or on the request of any of its members.
Armed forces: Page 1, 3. TIPH personnel shall have no military or police functions, nor will they interfere in disputes, incidents or the activities of Israeli security forces or the Palestinian Police.

Page 2, b. A Joint Hebron Committee shall be established comprising the Israeli Military Commander and the Palestinian Police Commander of the Hebron District, the Israel and Palestinian heads of the Hebron District Civil Liaison Office, and a representative of the TIPH. This committee shall receive reports from the TIPH on specific events and shall deal with any issues arising from the presence and activity of the TIPH which cannot be dealt with by the DCO. The committee shall meet on a weekly basis, or on the request of any of its members.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 1. ...As detailed in paragraph 5 below, the TIPH will assist in monitoring and reporting the efforts to maintain normal life in the City of Hebron, thus creating a feeling of security among Palestinians in the City of Hebron. The organizational structure, operational guidelines, logistics, support, and privileges and immunities of the TIPH shall be in accordance with the modalities on the establishment of the TIPH concluded by the participating countries with the agreement of the two sides.

2. The two sides shall request Norway, Italy, Denmark, Sweden, Switzerland and Turkey to provide 180 persons as TIPH personnel. Norway shall be requested to coordinate the establishment and activity of the TIPH. The number of on-duty observers at any given time and changes in the composition of the TIPH shall be with the consent of both sides.

3. TIPH personnel shall have no military or police functions, nor will they interfere in disputes, incidents or the activities of Israeli security forces or the Palestinian Police.

... 5. The tasks of the TIPH personnel will be:
a. to promote by their presence a feeling of security to the Palestinians of Hebron;
b. to help promote stability and an appropriate environment conducive to the enhancement of the well-being of the Palestinians of Hebron and their economic development;
c. to observe the enhancement of peace and prosperity among Palestinians;
d. to assist in the promotion and execution of projects initiated by the donor countries;
e. to encourage economic development and growth in Hebron;
f. to provide reports as set out in paragraph 7 below; and
g. to coordinate its activities with the Israeli and Palestinian authorities in accordance with paragraph 7 below.

Page 2, b. A Joint Hebron Committee shall be established comprising the Israeli Military Commander and the Palestinian Police Commander of the Hebron District, the Israel and Palestinian heads of the Hebron District Civil Liaison Office, and a representative of the TIPH. This committee shall receive reports from the TIPH on specific events and shall deal with any issues arising from the presence and activity of the TIPH which cannot be dealt with by the DCO. The committee shall meet on a weekly basis, or on the request of any of its members.

c. The Monitoring and Steering Committee established pursuant to the Interim Agreement will receive periodic reports from the TIPH. Each side of this committee will designate one of its members to form a group together with representatives of the TIPH in order to discuss matters of policy on a bi-weekly basis or on the request of the TIPH.

8. While on duty the members of the TIPH shall wear distinctive uniforms with a special emblem, as agreed by the two sides. Their vehicles shall be marked with the same emblem. TIPH members may carry pistols for self-defense purposes.

... 10. The TIPH and its members shall, in conformity with the modalities referred to in paragraph 1, be accorded such privileges and immunities as are necessary for the fulfillment of their tasks, and for the independent exercise of their functions, including immunity of the TIPH premises and the right to import operational supplies and equipment exempt from import taxes and duties. All imported equipment, materials and goods exempted from import taxes and duties will be re-exported or donated, at the conclusion of the mission of the TIPH, according to applicable customs procedures agreed upon between the two sides.

11. The presence and activities of the TIPH personnel will be in accordance with Annex I, Article VII and other relevant provisions of the Interim Agreement and the Protocol Concerning the Redeployment in Hebron.
Enforcement mechanism: [Summary] monitoring activities are conducted by the TIPH as per this agreement.

Page 3, 14. The TIPH may commence its operation immediately upon the approval of its modalities of operation by the two sides, and shall continue to function for a period of three months renewable for an additional period of three months unless otherwise agreed between the two sides. With the consent of the two sides, the TIPH may extend the period or change the scope of its operation, as agreed.
Related cases: No specific mention.
Source: INCORE - http://www.incore.ulst.ac.uk/; http://www.incore.ulst.ac.uk/services/cds/agreements/pdf/is11.pdf

Agreement on Temporary International Presence in the City of Hebron

21 January 1997

Pursuant to Article VII of Annex I of the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, dated September 28, 1995 ("the Interim Agreement"), which deals with the redeployment of Israeli military forces in the City of Hebron and provides that there will be a Temporary International Presence in Hebron, Israel and the PLO agree as follows:

1. A Temporary International Presence in Hebron (hereinafter "TIPH") is hereby established.

It will supersede the existing TIPH operating under the Agreement on the Temporary International Presence in the City of Hebron, dated May 9, 1996.

It will be stationed in and operate within the City of Hebron as delineated on map No.

9 attached to the Interim Agreement.

In all its activities, the TIPH will relate to Hebron as one city.

As detailed in paragraph 5 below, the TIPH will assist in monitoring and reporting the efforts to maintain normal life in the City of Hebron, thus creating a feeling of security among Palestinians in the City of Hebron.

The organizational structure, operational guidelines, logistics, support, and privileges and immunities of the TIPH shall be in accordance with the modalities on the establishment of the TIPH concluded by the participating countries with the agreement of the two sides.

2. The two sides shall request Norway, Italy, Denmark, Sweden, Switzerland and Turkey to provide 180 persons as TIPH personnel.

Norway shall be requested to coordinate the establishment and activity of the TIPH.

The number of on-duty observers at any given time and changes in the composition of the TIPH shall be with the consent of both sides.

3. TIPH personnel shall have no military or police functions, nor will they interfere in disputes, incidents or the activities of Israeli security forces or the Palestinian Police.

4. In order to facilitate the carrying out of TIPH tasks, a building will be chosen in Hebron as a seat for the TIPH.

5. The tasks of the TIPH personnel will be:

a. to promote by their presence a feeling of security to the Palestinians of Hebron;

b. to help promote stability and an appropriate environment conducive to the enhancement of the well-being of the Palestinians of Hebron and their economic development;

c. to observe the enhancement of peace and prosperity among Palestinians;

d. to assist in the promotion and execution of projects initiated by the donor countries;

e. to encourage economic development and growth in Hebron;

f. to provide reports as set out in paragraph 7 below;

and

g. to coordinate its activities with the Israeli and Palestinian authorities in accordance with paragraph 7 below.

6. The development projects referred to in paragraph 5.d above will be identified by the Hebron municipality and the relevant Palestinian ministries in cooperation with the member countries of the TIPH.

nbsp;

a. Representatives of the TIPH shall be situated at the District Coordination Office ("DCO") in Har Manoah/Jabel Manoah and may also be present at the DCO sub-office in the City of Hebron, in order to coordinate TIPH activity with both sides.

The TIPH representatives shall be equipped with the necessary means of communication to enable direct and immediate contact with the TIPH Headquarters and field observers.

b. A Joint Hebron Committee shall be established comprising the Israeli Military Commander and the Palestinian Police Commander of the Hebron District, the Israel and Palestinian heads of the Hebron District Civil Liaison Office, and a representative of the TIPH.

This committee shall receive reports from the TIPH on specific events and shall deal with any issues arising from the presence and activity of the TIPH which cannot be dealt with by the DCO.

The committee shall meet on a weekly basis, or on the request of any of its members.

c. The Monitoring and Steering Committee established pursuant to the Interim Agreement will receive periodic reports from the TIPH.

Each side of this committee will designate one of its members to form a group together with representatives of the TIPH in order to discuss matters of policy on a bi-weekly basis or on the request of the TIPH.

8. While on duty the members of the TIPH shall wear distinctive uniforms with a special emblem, as agreed by the two sides.

Their vehicles shall be marked with the same emblem.

TIPH members may carry pistols for self-defense purposes.

9. TIPH personnel shall enjoy freedom of movement for the performance of their tasks within the City of Hebron, as set out in the modalities referred to in paragraph 1.

10. The TIPH and its members shall, in conformity with the modalities referred to in paragraph 1, be accorded such privileges and immunities as are necessary for the fulfillment of their tasks, and for the independent exercise of their functions, including immunity of the TIPH premises and the right to import operational supplies and equipment exempt from import taxes and duties.

All imported equipment, materials and goods exempted from import taxes and duties will be re- exported or donated, at the conclusion of the mission of the TIPH, according to applicable customs procedures agreed upon between the two sides.

11. The presence and activities of the TIPH personnel will be in accordance with Annex I, Article VII and other relevant provisions of the Interim Agreement and the Protocol Concerning the Redeployment in Hebron.

12. The expenses of the TIPH will be borne by the participating countries.

13. This Agreement shall enter into force on February 1, 1997 and shall supersede the Agreement on the Temporary International Presence in the City of Hebron, dated May 9, 1996.

14. The TIPH may commence its operation immediately upon the approval of its modalities of operation by the two sides, and shall continue to function for a period of three months renewable for an additional period of three months unless otherwise agreed between the two sides.

With the consent of the two sides, the TIPH may extend the period or change the scope of its operation, as agreed.

nbsp:

Signed by Mr. Eytan Bentsur, for the Government of the State of Israel and Dr. Saeb Erekat for the PLO.