Etkes says an aerial photo shows that Israel has violated the agreement signed in Washington in September 1995. One clause states: “All civil powers and responsibilities, including planning and zoning, in Areas A and B set out in Annex III, will be transferred to and assumed by the Council [the Palestinian government] during the first phase of redeployment.”
Well, in the first instance, let's not lose sight of the exact context of that clause is here:
ARTICLE XI - Land
1. The two sides view the West Bank and the Gaza Strip as a single territorial unit, the integrity and status of which will be preserved during the interim period.
2. The two sides agree that West Bank and Gaza Strip territory, except for issues that will be negotiated in the permanent status negotiations, will come under the jurisdiction of the Palestinian Council in a phased manner, to be completed within 18 months from the date of the inauguration of the Council, as specified below:
a. Land in populated areas (Areas A and B), including government and Al Waqf land, will come under the jurisdiction of the Council during the first phase of redeployment.
b. All civil powers and responsibilities, including planning and zoning, in Areas A and B, set out in Annex III, will be transferred to and assumed by the Council during the first phase of redeployment
As the matter of "settlements" is a final-status issue, Etkes' supposition doesn't apply.
Moreover, I have been informed that:
The paragraph refers to the assumption of powers by the PA in areas A and B upon Israeli redeployment in 1995. This already happened. The PA did assume those powers including planning and zoning. Clause fulfilled.
Individual residents of Amona — and other Israeli individuals — were not parties to the agreement, and cannot be held to have violated it. Even if they could, they never had any authority over planning and zoning to transfer or fail to transfer. Israel was a party to the agreement, but nothing in that or any part of the agreement committed Israel to preventing Jews from construction in area B. Israel maintained security control in areas A and B and therefore maintained authority to, among other things, restrict movements of Palestinians in the area.
Article 10.4 of the agreement specified that “Israel shall continue to carry the responsibility for external security, as well as the responsibility for overall security of Israelis for the purpose of safeguarding their internal security and public order.” Article 12.2 stated that “Israel shall continue to carry … the responsibility for overall security of Israelis and Settlements, for the purpose of safeguarding their internal security and public order, and will have all the powers to take the steps necessary to meet this responsibility.” Article 13.1.a stated that “Israel shall have the overriding responsibility for security for the purpose of protecting Israelis and confronting the threat of terrorism.”
And, by the way, how exactly is it possible for aerial photographs to establish whether Israel did or not transfer the authority to regulate building and planning to the Palestinians in 1995?
Etkes from extreme Left to Eldar of far Left into Haaretz of progressive Left - all leave you out of knowledge.
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