Analysis of Agreements on Movement - Israel Forfeits Say on Security

Aaron Lerner Date: 16 November 2005

A review of the "Agreement on Movement and Access" and "Agreed Principles
for Rafah Crossing" of 15 November 2005 as presented on the State Department
website http://usinfo.state.gov/mena/Archive/2005/Nov/15-381874.html finds
that Israel has not only forfeited its say on security at the Rafah Crossing
and at the Gaza Seaport but has also agreed to tie its hands with regards to
security measures that it may impose in the West Bank in the future.

1. PA has final say on security at Rafah - Third Party meaningless:

A. According to Agreed Principles for Rafah Crossing - Security:
[AL: The sections and paragraphs of the document are not numbered]

"On a case by case basis, the PA will consider information on persons of
concern provided by the GoI. The PA will consult with the GoI and the 3rd
party prior to the PA making a decision to prohibit travel or not. During
this consultation, which will not take more than six hours, the person in
question will not be permitted to cross."
[Agreed Principles for Rafah Crossing - Security]

The PA has no obligation to honor the concerns of the GoI (Government of
Israel) - the PA makes the decision.

Since these "rule" explicitly state that the PA is the decision maker, the
Third Party is effectively stripped of any authority during an incident
since the only authority the Third Party has is:

"to ensure that the PA complies with all applicable rules and regulations
concerning the Rafah crossing point and the terms of this agreement." Agreed
Principles for Rafah Crossing - Third Party

B. PA has final say on passage of foreigners through Rafah

"-- The PA will notify the GoI 48 hours in advance of the crossing of a
person in the excepted categories-diplomats, foreign investors, foreign
representatives of recognized international organizations and humanitarian
cases.
-- The GoI will respond within 24 hours with any objections and will include
the reasons for the objections;
-- The PA will notify the GoI of their decision within 24 hours and will
include the reasons for their decision;"
[Agreed Principles for Rafah Crossing - General]

2. Liason office a debating society?

The term "liason office" only appears in one paragraph:

"-A liaison office, led by the 3rd party, will receive real-time video and
data feed of the activities at Rafah and will meet regularly to review
implementation of this agreement, resolve any disputes arising from this
agreement, and perform other tasks specified in this agreement." [Agreed
Principles for Rafah Crossing - General]

Israeli duty officers can stare at the screens all day but there is no
mechanism for them to actually have any impact on what they are watching.

3. Seaport to follow same system - Israel promises no inspection at sea?

" The GoI will undertake to assure donors that it will not interfere with
operation of the port. The parties will establish a U.S.-led tripartite
committee to develop security and other relevant arrangements for the port
prior to its opening. The 3rd party model to be used at Rafah will provide
the basis for this work."
[Agreement on Movement and Access - 5. Gaza Seaport]

The agreement may be interpreted to lock Israel into assuring the donor
states that even if security is a shambles that it will not carry out its
own inspections at sea as a stop-gap measure since this could be seen as
"interfering" with the "operation of the port".

4. Israel's hands tied on security arrangements inside the West Bank

"Consistent with Israel's security needs, to facilitate movement of people
and goods within the West Bank and to minimize disruption to Palestinian
lives, the ongoing work between Israel and the U.S. to establish an agreed
list of obstacles to movement and develop a plan to reduce them to the
maximum extent possible will be accelerated so that the work can be
completed by December 31."
[Agreement on Movement and Access - 4. Movement within the West Bank]

Not only does Israel find itself having to reach an agreement with the U.S.
regarding existing obstacles", there is no provision to add "obstacles" in
the future if they are needed.

Dr. Aaron Lerner, Director IMRA (Independent Media Review & Analysis)
(Mail POB 982 Kfar Sava)
Tel 972-9-7604719/Fax 972-3-7255730
INTERNET ADDRESS: imra@netvision.net.il
Website: http://www.imra.org.il