TREATY OF PEACE
BETWEEN THE STATE OF ISRAEL AND THE HASHEMITE KINGDOM OF JORDAN
October 26, 1994
PREAMBLE
The Government of the State of Israel and the Government of the Hashemite
Kingdom of Jordan:
Bearing in mind the Washington
Declaration, signed by
them on 25th July, 1994, and which they are both committed to honour;
Aiming at the achievement of a just, lasting and
comprehensive peace in the Middle East based
an Security Council resolutions 242 and 338
in all their aspects;
Bearing in mind the importance of maintaining and
strengthening peace based on freedom,
equality, justice and respect for fundamental human rights, thereby
overcoming psychological barriers and
promoting human dignity;
Reaffirming their faith in the purposes and principles of
the Charter of the United Nations and
recognising their right and obligation to live in peace with each other as
well as with all states, within
secure and recognised boundaries;
Desiring to develop friendly relations and co-operation
between them in accordance with the
principles of international law governing international relations in time of
peace;
Desiring as well to ensure lasting security for both their
States and in particular to avoid threats
and the use of force between them;
Bearing in mind that in their Washington Declaration of 25th
July, 1994, they declared the
termination of the state of belligerency between them;
Deciding to establish peace between them in accordance with
this Treaty of Peace;
Have agreed as follows:
ARTICLE 1
ESTABLISHMENT OF PEACE
Peace is hereby established
between the State of Israel and the Hashemite
Kingdom of Jordan (the "Parties") effective from the exchange of the instruments
of ratification of
this Treaty.
ARTICLE 2
GENERAL PRINCIPLES
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 times of peace. In
particular:
- They recognise and will respect each other's sovereignty, territorial
integrity and political
independence;
- They recognise and will respect each other's right to live in peace
within secure and recognised
boundaries;
- They will develop good neighbourly relations of co-operation between them
to ensure lasting security,
will refrain from the threat or use of force against each other and will
settle all disputes between them by
peaceful means;
- They respect and recognise the sovereignty, territorial integrity and
political independence of every
state in the region;
- They respect and recognise the pivotal role of human development and
dignity in regional and bilateral
relationships;
- They further believe that within their control, involuntary movements of
persons in such a way as to
adversely prejudice the security of either Party should not be permitted.
ARTICLE 3
INTERNATIONAL BOUNDARY
- The international boundary between Israel and Jordan is delimited with
reference to the boundary
definition under the Mandate as is shown in Annex
I (a), on the
mapping materials attached thereto and co-ordinates specified therein.
- The boundary, as set out in Annex I (a), is the permanent, secure and
recognised international
boundary between Israel and Jordan, without prejudice to the status of any
territories that came under
Israeli military government control in 1967.
- The parties recognise the international boundary, as well as each other's
territory, territorial waters and
airspace, as inviolable, and will respect and comply with them.
- The demarcation of the boundary will take place as set forth in Appendix
(I) to Annex I and will be
concluded not later than nine months after the signing of the Treaty.
- It is agreed that where the boundary follows a river, in the event of
natural changes in the course of the
flow of the river as described in Annex I (a), the boundary shall follow the
new course of the flow. In the
event of any other changes the boundary shall not be affected unless
otherwise agreed.
- Immediately upon the exchange of the instruments of ratification of this
Treaty, each Party will deploy
on its side of the international boundary as defined in Annex I (a).
- The Parties shall, upon the signature of the Treaty, enter
into
negotiations to conclude, within 9
months, an agreement on the delimitation of their maritime boundary in the
Gulf of Aqaba.
- Taking into account the special circumstances of the Naharayim/Baqura
area, which is under
Jordanian sovereignty, with Israeli private ownership rights, the Parties
agreed to apply the provisions set
out in Annex I (b).
- With respect to the Zofar/Al-Ghamr area, the provisions set out in Annex
I (c) will apply.
ARTICLE 4
SECURITY
- Both Parties, acknowledging that mutual understanding and
co-operation in security-related matters
will form a significant part of their relations and will further enhance the
security of the region, take upon
themselves to base their security relations on mutual trust, advancement of
joint interests and co-
operation, and to aim towards a regional framework of partnership in
peace.
- Towards that goal the Parties recognise the achievements of the European
Community and European
Union in the development of the Conference on Security and Co-operation in
Europe (CSCE) and commit
themselves to the creation, in the Middle East, of a CSCME (Conference on
Security and Co-operation in
the Middle East).
This commitment entails the adoption of regional models of security
successfully implemented in the post
World War era (along the lines of the Helsinki process) culminating in a
regional zone of security and
stability.
- The obligations referred to in this Article are without prejudice to the
inherent right of self-defence in
accordance with the United Nations Charter.
- The Parties undertake, in accordance with the provisions of this Article,
the following:
- to refrain from the threat or use of force or weapons, conventional,
non-conventional or of any other
kind, against each other, or of other actions or activities that adversely
affect the security of the other
Party;
- to refrain from organising, instigating, inciting, assisting or
participating in acts or threats of
belligerency, hostility, subversion or violence against the other Party;
- to take necessary and
effective measures to ensure that acts or threats
of belligerency, hostility,
subversion or violence against the other Party do not originate from, and are
not committed within,
through or over their territory (hereinafter the term "territory" includes
the airspace and territorial
waters).
- Consistent with the era of peace and with the efforts to build regional
security and to avoid and prevent
aggression and violence, the Parties further agree to refrain from the
following:
- joining or in any way assisting, promoting or co-operating with any
coalition, organisation or alliance
with a military or security character with a third party, the objectives or
activities of which include
launching aggression or other acts of military hostility against the other
Party, in contravention of the
provisions of the present Treaty.
- allowing the entry, stationing and operating on their territory, or
through it, of military forces,
personnel or materiel of a third party, in circumstances which may adversely
prejudice the security of the
other Party.
- Both Parties will take necessary and effective measures, and will
co-operate in combating terrorism of
all kinds. The Parties undertake:
- to take necessary and effective measures to prevent acts of terrorism,
subversion or violence from being
carried out from their territory or through it and to take necessary and
effective measures to combat such
activities and all their perpetrators.
- without prejudice to the basic rights of freedom of expression and
association, to take necessary and
effective measures to prevent the entry, presence and co-operation in their
territory of any group or
organisation, and their infrastructure, which threatens the security of the
other Party by the use of or
incitement to the use of, violent means.
- to co-operate in preventing and combating cross-boundary
infiltrations.
- Any question as to the implementation of this Article will be dealt with
through a mechanism of
consultations which will include a liaison system, verification, supervision,
and where necessary, other
mechanisms, and higher level consultation. The details of the mechanism of
consultations will be
contained in an agreement to be concluded by the Parties within 3 months of
the exchange of the
instruments of ratification of this Treaty.
- The Parties undertake to work as a matter of priority, and as soon as
possible in the context of the
Multilateral Working Group on Arms Control and Regional Security, and
jointly, towards the
following:
- the creation in the Middle East of a region free from hostile alliances
and coalitions;
- the creation of a Middle East free from weapons of mass destruction, both
conventional and non-
conventional, in the context of a comprehensive, lasting and stable peace,
characterised by the
renunciation of the use of force, reconciliation and goodwill.
ARTICLE 5
DIPLOMATIC AND OTHER BILATERAL RELATIONS
- The Parties agree to establish full diplomatic and consular relations and
to exchange resident
ambassadors within one month of the exchange of the instruments of
ratification of this Treaty.
- The Parties agree that the normal relationship between them will further
include economic and cultural
relations.
ARTICLE 6
WATER
With the view to achieving a comprehensive and lasting settlement of all the
water problems between
them:
- The Parties agree mutually to recognise the rightful allocations of both
of them in Jordan River and
Yarmouk River waters and Araba/Arava ground water in accordance with the
agreed acceptable
principles, quantities and quality as set out in Annex II , which shall be
fully respected and complied with.
- The Parties, recognising the necessity to find a practical, just and
agreed solution to their water
problems and with the view that the subject of water can form the basis for
the advancement of co-
operation between them, jointly undertake to ensure that the management and
development of their water
resources do not, in any way, harm the water resources of the other Party.
- The Parties recognise that their water resources are not sufficient to
meet their needs. More water
should be supplied for their use through various methods, including projects
of regional and international
co-operation.
- In light of paragraph 3 of this Article, with the understanding that
co-operation in water-related
subjects would be to the benefit of both Parties, and will help alleviate
their water shortages, and that
water issues along their entire boundary must be dealt with in their
totality, including the possibility of
trans-boundary water transfers, the Parties agree to search for ways to
alleviate water shortage and to co-
operate in the following fields:
- development of existing and new water resources, increasing the water
availability including co-
operation on a regional basis as appropriate, and minimising wastage of water
resources through the chain
of their uses;
- prevention of contamination of water resources;
- mutual assistance in the alleviation of water shortages;
- transfer of information and joint research and development in
water-related subjects, and review of the
potentials for enhancement of water resources development and use.
- The implementation of both Parties' undertakings under this Article is
detailed in Annex II.
ARTICLE 7
ECONOMIC RELATIONS
- Viewing economic development and prosperity as pillars of peace, security
and harmonious relations
between states, peoples and individual human beings, the Parties, taking note
of understandings reached
between them, affirm their mutual desire to promote economic co-operation
between them, as well as
within the framework of wider regional economic co-operation.
- In order to accomplish this goal, the Parties agree to the following:
- to remove all discriminatory barriers to normal economic relations, to
terminate economic boycotts
directed at each other, and to co-operate in terminating boycotts against
either Party by third parties;
- recognising that the principle of free and unimpeded flow of goods and
services should guide their
relations, the Parties will enter into negotiations with a view to concluding
agreements on economic co-
operation, including trade and the establishment of a free trade area,
investment, banking, industrial co-
operation and labour, for the purpose of promoting beneficial economic
relations, based on principles to be
agreed upon, as well as on human development considerations on a regional
basis. These negotiations will
be concluded no later than 6 months from the exchange the instruments of
ratification of this Treaty.
- to co-operate bilaterally, as well as in multilateral forums, towards the
promotion of their respective
economies and of their neighbourly economic relations with other regional
parties.
ARTICLE 8
REFUGEES AND DISPLACED PERSONS
- Recognising the massive human problems caused to both Parties by the
conflict in the Middle East, as
well as the contribution made by them towards the alleviation of human
suffering, the Parties will seek to
further alleviate those problems arising on a bilateral level.
- Recognising that the above human problems caused by the conflict in the
Middle East cannot be fully
resolved on the bilateral level, the Parties will seek to resolve them in
appropriate forums, in accordance
with international law, including the following:
- in the case of displaced persons, in a quadripartite committee together
with Egypt and the
Palestinians:
- in the case of refugees,
- in the framework of the Multilateral Working Group on Refugees;
- in negotiations, in a framework to be agreed, bilateral or otherwise, in
conjunction with and at the
same time as the permanent status negotiations pertaining to the territories
referred to in Article 3 of this
Treaty;
- through the implementation of agreed United Nations programmes and other
agreed international
economic programmes concerning refugees and displaced persons, including
assistance to their
settlement.
ARTICLE 9
PLACES OF HISTORICAL AND RELIGIOUS
SIGNIFICANCE
- Each party will provide freedom of access to places of religious and
historical significance.
- In this regard, in accordance with the Washington Declaration, Israel
respects the present special role
of the Hashemite Kingdom of Jordan in Muslim Holy shrines in Jerusalem. When
negotiations on the
permanent status will take place, Israel will give high priority to the
Jordanian historic role in these
shrines.
- The Parties will act together to promote interfaith relations among the
three monotheistic religions,
with the aim of working towards religious understanding, moral commitment,
freedom of religious
worship, and tolerance and peace.
CULTURAL AND SCIENTIFIC EXCHANGES
The Parties, wishing to remove biases developed through periods of conflict,
recognise the desirability of
cultural and scientific exchanges in all fields, and agree to establish
normal cultural relations between
them. Thus, they shall, as soon as possible and not later than 9 months from
the exchange of the
instruments of ratification of this Treaty, conclude the negotiations on
cultural and scientific
agreements.
ARTICLE 11
MUTUAL UNDERSTANDING AND GOOD NEIGHBOURLY
RELATIONS
- The Parties will seek to foster mutual understanding and tolerance based
on shared historic values, and
accordingly undertake:
- to abstain from hostile or discriminatory propaganda against each other,
and to take all possible legal
and administrative measures to prevent the dissemination of such propaganda
by any organisation or
individual present in the territory of either Party;
- as soon as possible, and not later than 3 months from the exchange of the
instruments of ratification of
this Treaty, to repeal all adverse or discriminatory references and
expressions of hostility in their
respective legislation;
- to refrain in all government publications from any such references or
expressions;
- to ensure mutual enjoyment by each other's citizens of due process of law
within their respective legal
systems and before their courts.
- Paragraph 1 (a) of this Article is without prejudice to the right to
freedom of expression as contained in
the International Covenant on Civil and Political Rights.
- A joint committee shall be formed to examine incidents where one Party
claims there has been a
violation of this Article.
ARTICLE 12
COMBATING CRIME AND DRUGS
The Parties will co-operate in combating crime, with an emphasis on
smuggling, and will take all
necessary measures to combat and prevent such activities as the production
of, as well as the trafficking in
illicit drugs, and will bring to trial perpetrators of such acts. In this
regard, they take note of the
understandings reached between them in the above spheres, in accordance with
Annex III and undertake to conclude all relevant
agreements not later than 9 months
from the date of the exchange of the instruments of ratification of this
Treaty.
ARTICLE 13
TRANSPORTATION AND ROADS
Taking note of the progress already made in the area of transportation, the
Parties recognise the mutuality
of interest in good neighbourly relations in the area of transportation and
agree to the following means to
promote relations between them in this sphere:
- Each party will permit the free movement of nationals and vehicles of the
other into and within its
territory according to the general rules applicable to nationals and vehicles
of other states. Neither party
will impose discriminatory taxes or restrictions on the free movement of
persons and vehicles from its
territory to the territory of the other.
- The Parties will open and maintain roads and border-crossings between
their countries and will
consider further road and rail links between them.
- The Parties will continue their negotiations concerning mutual
transportation agreements in the above
and other areas, such as joint projects, traffic safety, transport standards
and norms, licensing of vehicles,
land passages, shipment of goods and cargo, and meteorology, to be concluded
not later than 6 months
from the exchange of the instruments of ratification of this Treaty.
- The Parties agree to continue their negotiations for a highway to be
constructed and maintained
between Egypt, Israel and Jordan near Eilat.
ARTICLE 14
FREEDOM OF NAVIGATION AND ACCESS TO PORTS
- Without prejudice to the provisions of paragraph 3, each Party recognises
the right of the vessels of the
other Party to innocent passage through its territorial waters in accordance
with the rules of international
law.
- Each Party will grant normal access to its ports for vessels and cargoes
of the other, as well as vessels
and cargoes destined for or coming from the other Party. Such access will be
granted on the same
conditions as generally applicable to vessels and cargoes of other
nations.
- The Parties consider the Strait of Tiran and the Gulf of Aqaba to be
international waterways open to all
nations for unimpeded and non-suspendable freedom of navigation and
overflight. The Parties will respect
each other's right to navigation and overflight for access to either Party
through the Strait of Tiran and the
Gulf of Aqaba.
ARTICLE 15
CIVIL AVIATION
- The Parties recognise as applicable to each other the rights, privileges
and obligations provided for by
the multilateral aviation agreements to which they are both party,
particularly by the 1944 Convention on
International Civil Aviation (The Chicago Convention) and the 1944
International Air Services Transit
Agreement.
- Any declaration of national emergency by a Party under Article 89 of the
Chicago Convention will not
be applied to the other Party on a discriminatory basis.
- The Parties take note of the negotiations on the international air
corridor to be opened between them in
accordance with the Washington Declaration. In addition, the Parties shall,
upon ratification of this
Treaty, enter into negotiations for the purpose of concluding a Civil
Aviation Agreement. All the above
negotiations are to be concluded not later than 6 months from the exchange of
the instruments of
ratification of this Treaty.
ARTICLE 16
POSTS AND TELECOMMUNICATIONS
The Parties take note of the opening between them, in accordance with the
Washington Declaration, of
direct telephone and facsimile lines. Postal links, the negotiations on which
having been concluded, will
be activated upon the signature of this Treaty. The Parties further agree
that normal wireless and cable
communications and television relay services by cable, radio and satellite,
will be established between
them, in accordance with all relevant international conventions and
regulations. The negotiations on these
subjects will be concluded not later than 9 months from the exchange of the
instruments of ratification of
this Treaty.
ARTICLE 17
TOURISM
The Parties affirm their mutual desire to promote co-operation between them
in the field of tourism. In
order to accomplish this goal, the Parties -- taking note of the
understandings reached between them
concerning tourism -- agree to negotiate, as soon as possible, and to
conclude not later than three months
from the exchange of the instruments of ratification of this Treaty, an
agreement to facilitate and
encourage mutual tourism and tourism from third countries.
ARTICLE 18
ENVIRONMENT
The Parties will co-operate in matters relating to the environment, a sphere
to which they attach great
importance, including conservation of nature and prevention of pollution, as
set forth in Annex IV . They will negotiate an agreement on the above,
to be concluded not later
than 6 months from the exchange of the instruments of ratification of this
Treaty.
ARTICLE 19
ENERGY
- The Parties will co-operate in the development of energy resources,
including the development of
energy-related projects such as the utilisation of solar energy.
- The Parties, having concluded their negotiations on the interconnecting
of their electric grids in the
Eilat-Aqaba area, will implement the interconnecting upon the signature of
this Treaty. The Parties view
this step as a part of a wider binational and regional concept. They agree to
continue their negotiations as
soon as possible to widen the scope of their interconnected grids.
- The Parties will conclude the relevant agreements in the field of energy
within 6 months from the date
of exchange of the instruments of ratification of this Treaty.
ARTICLE 20
RIFT VALLEY DEVELOPMENT
The Parties attach great importance to the integrated development of the
Jordan Rift Valley area,
including joint projects in the economic, environmental, energy-related and
tourism fields. Taking note of
the Terms of Reference developed in the framework of the Trilateral
Israel-Jordan-US Economic
Committee towards the Jordan Rift Valley Development Master Plan, they will
vigorously continue their
efforts towards the completion of planning and towards implementation.
ARTICLE 21
HEALTH
The Parties will co-operate in the area of health and shall negotiate with a
view to the conclusion of an
agreement within 9 months of the exchange of instruments of ratification of
this Treaty.
ARTICLE 22
AGRICULTURE
The Parties will co-operate in the areas of agriculture, including veterinary
services, plant protection,
biotechnology and marketing, and shall negotiate with a view to the
conclusion of an agreement within 6
months from the date of the exchange of instruments of ratification of this
Treaty.
ARTICLE 23
AQABA AND EILAT
The Parties agree to enter into negotiations, as soon as possible, and not
later than one month from the
exchange of the instruments of ratification of this Treaty, on arrangements
that would enable the joint
development of the towns of Aqaba and Eilat with regard to such matters,
inter alia, as joint tourism
development, joint customs, free trade zone, co-operation in aviation,
prevention of pollution, maritime
matters, police, customs and health co-operation. The Parties will conclude
all relevant agreements within
9 months from the exchange of instruments of ratification of the Treaty.
ARTICLE 24
CLAIMS
The Parties agree to establish a claims commission for the mutual settlement
of all financial claims.
ARTICLE 25
RIGHTS AND OBLIGATIONS
- 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.
- The Parties undertake to fulfil in good faith their obligations under
this Treaty, without regard to
action or inaction of any other party and independently of any instrument
inconsistent with this Treaty.
For the purposes of this paragraph each Party represents to the other that in
its opinion and interpretation
there is no inconsistency between their existing treaty obligations and this
Treaty.
- They further undertake to 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.
- Both Parties will also take all the necessary steps to abolish all
pejorative references to the other Party,
in multilateral conventions to which they are parties, to the extent that
such references exist.
- The Parties undertake not to enter into any obligation in conflict with
this Treaty.
- 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 26
LEGISLATION
Within 3 months of the exchange of ratifications of this Treaty the Parties
undertake to enact any
legislation necessary in order to implement the Treaty, and to terminate any
international commitments
and to repeal any legislation that is inconsistent with the Treaty.
ARTICLE 27
RATIFICATION
- This Treaty shall be ratified by both Parties in conformity with their
respective national procedures. It
shall enter into force on the exchange of instruments of ratification.
- The Annexes, Appendices, and other attachments to this Treaty shall be
considered integral parts
thereof.
ARTICLE 28
INTERIM MEASURES
The Parties will apply, in certain spheres, to be agreed upon, interim
measures pending the conclusion of
the relevant agreements in accordance with this Treaty, as stipulated in Annex V .
ARTICLE 29
SETTLEMENT OF DISPUTES
- Disputes arising out of the application or interpretation of this Treaty
shall be resolved by
negotiations.
- Any such disputes which cannot be settled by negotiations shall be
resolved by conciliation or
submitted to arbitration.
ARTICLE 30
REGISTRATION
This Treaty shall be transmitted 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 at the Arava/Araba Crossing Point this day Heshvan 21st, 5775, Jumada
Al-Ula 21st, 1415 which
corresponds to 26th October, 1994 in the Hebrew, English and Arabic
languages, all texts being equally
authentic. In case of divergence of interpretation the English text shall
prevail.
For the State of Israel
Yitzhak Rabin, Prime Minister
For the Hashemite Kingdom of Jordan
Abdul Salam Majali, Prime Minister
Witnessed by:
William J. Clinton
President of the United States of America
List of Annexes, Appendices and Other Attachments
- Annex I:
- International Boundary
- Naharayim/Baqura Area
- Zofar Area
Appendices (27 sheets):
- Emer Ha'arava (10 sheets), 1:20,000 orthophoto maps
- Dead Sea (2 sheets), 1:50,000 orthoimages
- Jordan and Yarmouk Rivers (12 sheets), 1:10,000 orthophoto maps
- Naharayim Area (1 sheet), 1:10,000 orthophoto map
- Zofar Area (1 sheet), 1:20,000 orthophoto map
- Gulf of Eilat (1 sheet), 1:50,000 orthoimage
- Annex II: Water
- Annex III: Crime and Drugs
- Annex IV: Environment
- Annex V: Interim Measures
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