A Framework for Peace between Israel and Syria
The draft peace treaty presented by the Clinton administration to Jerusalem and Damascus
as published in Ha’aretz – January 13, 2000
by Akiva Eldar
[Note: This draft text prepared by the American side has no official or legal status and does not necessarily reflect the view of any party. Its purpose is to serve as a tool in discussions and not as an aid to interpretation of any official text. The material presented in brackets is an effort to identify areas where discussions may need to focus in particular. However, the other material included has also not been agreed, may be linked to satisfactory resolution of the other issues, and is not indended to constitute an official proposal by any party. The text also contains further notes pointing out topics for which no draft language is set forth at this stage. The failure to mention other topics is not intended to exclude their consideration. No draft text is included for the annexes that are referred to throughout the document.]
7 January 2000
TREATY OF PEACE BETWEEN THE STATE OF ISRAEL AND THE SYRIAN ARAB REPUBLIC
The Government of the State of Israel and the Government of the Syrian Arab Republic:
Aiming at the achievement of a just, lasting and comprehensive peace in the Middle East based on Security Council resolutions 242 and 338 and within the framework of the peace process initiated at Madrid on 31 October 1991;
Reaffirming their faith in the purposes and principles of the Charter of the United Nations and recognizing their right and obligation to live in peace with each other, as well as with all states, within secure and recognized boundaries;
Desiring to establish mutual respect and to develop honorable, friendly and good neighborly relations;
Resolved to establish permanent peace between them in accordance with this Treaty.
Have agreed as follows:
ARTICLE I – Establishment of Peace and Security within Recognized Boundaries.
1. The state of war between Israel and Syria (hereinafter "the Parties") is hereby terminated and peace is established between them. The Parties will maintain normal, peaceful relations as set out in Article III below.
2. The permanent secure and recognized international boundary between Israel and Syria is the boundary set forth in Article II below. The location of the boundary has been commonly agreed (Syrian position: and is based on the June 4, 1967 line) (Israeli position: taking into account security and other vital interests of the Parties as well as legal considerations of both sides). Israel will (S: withdraw) (I: relocate) all its armed forces (S: and civilians) behind this boundary in accordance with Annex — of this Treaty. (S: Thereafter, each Party will exercise its full sovereignty on its side of the international boundary, including as agreed in this Treaty.)
3. To enhance the security of both Parties, agreed security measures will be implemented in accordance with Article IV below.
4. The time line at Annex — sets forth an agreed schedule for synchronized implementation of this and the other Articles of this Treaty.
ARTICLE II – International Boundary
1. The international boundary between Israel and Syria is as shown on the mapping materials and co-ordinates specified in Annex —. This boundary is the permanent, secure and recognized international boundary between Israel and Syria and supercedes any previous boundary or line of demarcation between them.
2. The Parties will respect the inviolability of this boundary and of each other’s territory, territorial waters and airspace.
3. A Joint Boundary Commission is hereby established. Its functions and activities are set out in Annex —.
ARTICLE III – Normal Peaceful Relations
1. The Parties will apply between them the provisions of the Charter of the United Nations and the principles of international law governing relations among states in time of peace.
a. they recognize and will respect each other’s sovereignty, territorial integrity and political independence and right to live in peace within secure and recognized boundaries; and
b. they will establish and develop friendly and good neighborly relations, will refrain from the threat or use of force, directly or indirectly, against each other, will cooperate in promoting peace, stability and development in their region and will settle all disputes between them by peaceful means.
2. The Parties will establish full diplomatic and consular relations, including the exchange of resident ambassadors.
3. The Parties recognize a mutuality of interest in honorable and good neighborly relations based on mutual respect and for this purpose will:
a. promote beneficial bilateral economic and trade relations including by enabling the free and unimpeded flow of people, goods and services between the two countries.
b. remove all discriminatory barriers to normal economic relations, terminate economic boycotts directed at the other Party, repeal all discriminatory legislation, and cooperate in terminating boycotts against either Party by third parties.
c. promote relations between them in the sphere of transportation. In this regard, the Parties will open and maintain roads and international border crossings between the two countries, cooperate in the development of rail links, grant normal access to its ports for vessels and cargoes of the other or vessels or cargoes destined for or coming from that Party, and enter into normal civil aviation relations.
d. establish normal postal, telephone, telex, data facsimile, wireless and cable communications and television relay services by cable, radio and satellite between them on a non-discriminatory basis in accordance with relevant international conventions and regulations; and
e. promote cooperation in the field of tourism in order to facilitate and encourage mutual tourism and tourism from third countries.
Annex — sets forth the agreed procedures for establishing and developing these relations, (I: including the schedule for the attainment of relevant agreements as well as arrangements concerning the Israelis and Israeli communities in areas from which Israeli forces will be relocated pursuant to Article I).
4. The Parties undertake to ensure mutual enjoyment by each other’s citizens of due process of law within their respective legal systems and before their courts.
(Notes: (I) Components of normal peaceful relations which require further discussion: cultural relations; environment; interconnection of electricity grids; energy; health and medicine; and agriculture.
(II) Other possible areas for consideration: combating crime and drugs; anti-incitement cooperation; human rights; places of historical and religious significance and memorials; legal cooperation in the search for missing persons.)
ARTICLE IV – Security
A. Security Arrangements
Recognizing the importance of security for both Parties as an important element of permanent peace and stability, the Parties will employ the following security arrangements to build mutual confidence in the implementation of this Treaty and to provide for the security needs of both Parties:
1. Areas of limitation of forces and capabilities, including limitations on their readiness and activities, and on armaments, weapon system and military infrastructure, as described in Annex —.
2. Within the areas of limitation of forces and capabilities, the establishment of a demilitarized zone (I: encompassing both the area from which Israeli forces will be relocated and the existing Area of Separation established under the Agreement on Disengagement between Israeli and Syrian Forces of 31 May 1974) (S: of equal scope on both sides of the border). As described in Annex —, no military forces, armaments, weapon systems, military capabilities, or military infrastructure will be introduced into the demilitarized zone by either Party and only a limited civil police presence may be deployed in the area. (I: Both sides agree not to fly over the demilitarized zone without special arrangements.)
3. Early warning capabilities, including an early warning ground station on Mt. Hermon (I: with an effective Israeli presence) (S: operated by the United States and France under their total auspices and responsibilities). Arrangements for the unimpeded, efficient and continuous operation of this station are as detailed in Annex —.
4. A monitoring, inspection and verification mechanism (I: composed of the two Parties and a multinational component and including on-site technical means) (S: through an international presence), to monitor and supervise the implementation of the security arrangements.
Details regarding these security arrangements, including their scope, positioning and nature, as well as other security arrangements, are specified in Annex —.
B. Other Security Measures
As further steps to ensure a permanent cessation of hostilities of any form between the Parties or from their territories against each other.
1. Each Party undertakes to refrain from cooperating with any third party in a hostile alliance of a military character and will ensure that territory under its control is not used by any military forces of a third party (including their equipment and armaments) in circumstances that would adversely affect the security of the other Party.
2. Each Party undertakes to refrain from organizing, instigating, inciting, assisting or participating in any acts or threats of violence against the other Party, its citizens or their property wherever located, and will take effective measures to ensure that no such acts occur from, or are supported by individuals on, its territory or territory under its control. In this regard, without prejudice to the basic rights of freedom of expression and association, each Party will take necessary and effective measures to prevent the entry, presence and operation in its territory of any group or organization, and their infrastructure, which threatens the security of the other Party by the use of, or incitement to the use of, violent means.
3. Both Parties recognize that international terrorism in all its forms threatens the security of all nations and therefore share a common interest in the enhancement of international cooperative efforts to deal with this problem.
C. Cooperation and Liaison in Security Matters
The Parties will establish a direct liaison and coordination mechanism between them as described in Annex — to facilitate implementation of the security provisions in this Treaty. Its responsibilities will include: direct and real-time communication on security issues, minimization of friction along the international border, addressing any problems arising during the implementation process, helping to prevent errors or misinterpretations, and maintaining direct and continuous contacts with the monitoring, inspection and verification mechanism.
ARTICLE V – Water
1. The Parties recognize that full resolution of all water issues between them constitutes a fundamental element in ensuring a stable and lasting peace. (S: Based on relevant international principles and practices), the Parties have agreed to establish (I: arrangements that will ensure the continuation of Israel’s current use in quantity and quality of all) (S: mutually agreeable arrangements with respect to water quantities and quality from) the surface and underground waters in the areas from which Israeli forces will (I: relocate) (S: withdraw) pursuant to Article I, as detailed in Annex —. (I: The arrangements should include all necessary measures to prevent contamination, pollution or depletion of the Kinneret/Tiberias and Upper Jordan River and their sources.)
2. For the purposes of this Article and Annex —, the Parties will establish (I: a Joint Water Committee and a supervision and enforcement mechanism) (S: a Joint Administrative Board). The composition, mandate and mode of operations of the (I: Joint Water Committee and the supervision and enforcement mechanism) (S: Joint Administrative Board) will be as detailed in Annex —.
3. The Parties have agreed to cooperate on water-related matters, as detailed in Annex —, (I: including ensuring the quantity and quality of water allocated to Israel under other agreements concerning water originating in Syria.)
ARTICLE VI – Rights and Obligations
1. This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the Parties under the Charter of the United Nations.
2. The Parties undertake to fulfill in good faith their obligations under this Treaty, without regard to action or inaction of any other Party and independently of any instrument external to this Treaty.
3. The Parties will take all the necessary measures for the application in their relations of the provisions of the multilateral conventions to which they are Parties, including the submission of appropriate notification to the Secretary General of the United Nations and other depositories of such conventions. They will also abstain from actions that would curtail the rights of either Party to participate in international organizations to which they belong in accordance with the governing provisions of those organizations.
4. The Parties undertake not to enter into any obligation in conflict with this Treaty.
5. Subject to Article 103 of the United Nations Charter, in the event of a conflict between the obligations of the Parties under the present Treaty and any of their other obligations, the obligations under this Treaty will be binding and implemented.
ARTICLE VII – Legislation
The Parties undertake to enact any legislation necessary in order to implement the Treaty, and to repeal any legislation that is inconsistent with the Treaty.
ARTICLE VIII – Settlement of Disputes
Disputes between the Parties arising out of the interpretation or application of the present Treaty shall be settled by negotiation.
ARTICLE IX – Final Clauses
1. This treaty shall be ratified by both Parties in conformity with their respective constitutional procedures. It shall enter into force on the exchange of instruments of ratification and shall supercede all previous bilateral agreements between the Parties.
2. The Annexes and other attachments attached to this Treaty shall constitute integral parts thereof.
3. The Treaty shall be communicated to the Secretary General of the United Nations for registration in accordance with the provisions of Article 102 of the Charter of the United Nations.
DONE THIS DAY —— IN ——– IN THE ENGLISH, HEBREW AND ARABIC LANGUAGES, ALL LANGUAGES BEING EQUALLY AUTHENTIC. IN CASE OF ANY DIVERGENCE OF INTERPRETATION, THE ENGLISH TEXT WILL BE AUTHORITATIVE