Foreword

This document is authored by the producers of Holy Land Peace*. It is an instrument inspired by the BDS Declaration of 2005** and is issued in the same spirit and for the same ultimate goal – justice, liberation from oppression, and dignity of the people of Palestine – those fortunate enough to have escaped the ethnic cleansing of 1947-1949 and later years; those internally displaced in Israel; those fortunate enough to have retained their historical/ancestral homes and lands in the illegally Occupied Palestinian Territories; those internally displaced in the illegally Occupied Palestinian Territories; and those in the near and far diaspora. The authors realize it is insufficient to merely publish and distribute this instrument. It is imperative that justice-seeking organizations worldwide adopt and support it, as well as persuade pertinent international authorities to implement it. The authors acknowledge that they are not a recognized Palestinian authority, and that such an authority must ultimately take ownership of this document. Until then, for the sake of order, please forward constructive suggestions to the authors.

Since World War I, grave injustices have befallen the Holy Land – Palestine and its people – Christians, Muslims, and Jews. This is not to say that injustice had not previously befallen the Holy Land. Injustice has been a byproduct of human nature since Cain killed Abel. Hordes of conquerors and occupiers have taken their turn in Palestine over the centuries. Since the turn of the 20th Century, humanity perceived and aggrandized itself as a species capable of wielding justice internationally, so this document addresses injustices incurred since that time.

What humans label “justice” is true justice only if applied equally and impartially. That is the purpose of the lady holding the scales of justice in wearing her blindfold. What purpose does it serve to have a “justice” system, when laws are not enforced equally? Sadly, when it comes to the Zionist state of Israel, Lady Justice has long traded her blindfold in for blinders. Our outreach is to all peace-seekers, in the hope that they embrace the above underlined postulate, giving credence and validity to this document.

The overview of injustices is outlined in two sections:

• Part I represents those injustices unwittingly adopted by the international community, whether due to its ignorance or clever Zionist manipulation.

• Part II represents those injustices rightfully condemned by the international community, but sadly, not yet corrected.

  Subsequent to the overview, the essential actions required for justice are outlined.

Injustices – Part I

• 1916: Great Britain “mandated” Palestine
  The altruistic aim of the Allies in WW-I was to liberate nation states from imperialism that they themselves may have governed. Instead, the Allies divvied up the Middle East among themselves via the secret Sykes-Picot Agreement between Britain, France and Russia.

• 1917: Balfour Declaration “promised” a national Jewish homeland in Palestine
  Influenced by European Zionists, this was an agreement by Europeans with Europeans, having never consulted the indigenous peoples of Palestine. Ironically, the declaration included language recognizing the needs and rights of the native Palestinian inhabitants. This sensitivity achieved the required perception of morality necessary to attain British support, but would be summarily dismissed upon implementation following World War II.

• 1917-1946: European Zionists illegally immigrated into Palestine
  British forces were unable to control the influx of illegal European Zionists into Palestine, as tens of thousands land-grabbed and formed illegal colonies.

• 1947: U.N. partitioned Palestine into two states
  Influenced by European Zionists, the newborn United Nations naively passed General Assembly Resolution 181, dividing Historic Palestine into Israel-55% and Palestine-45%. Highly contested, it completely ignored the indignant protests of the native Palestinians and supportive Middle Eastern nation states, themselves striving for nationalism and independence.

• 1947-1949: Zionists destroyed 500 villages and expelled 800,000 Palestinians
  No implementation plan was devised for the irresponsible U.N. Partition Plan. This empowered the Zionists to move quickly – Israel was established and recognized by the U.N., while well-funded, well-armed European Zionist forces attacked the poorly equipped Palestinian resistance. Besides the displaced refugees, this left more than a million Palestinians behind in the Palestinian territories, as well as newly-formed Israel.

• 1949: Israel aggressed to 78% of historical Palestine
  European Zionists, reacting quickly to U.N. Resolution 181, conquered and occupied 78% of the land, flouting the original allotment of 55%. This was and remains the Zionist grand design for Palestine – the ethnic cleansing of the indigenous population, along with all-out takeover of historic Palestine. The U.N. finally stepped in to protect the remaining 22% of the land via the 1949 Armistice. Ironically, the Palestinians were denied self-government – in some measure because their polity had been shattered and their population greatly scattered and in shock – and administrative control was “assigned” to Jordan and Egypt.

• 1947-Present: Zionists committed crimes against humanity
  In the name of “Israel”, Israeli, American, European, and other Zionists have committed unspeakable atrocities against the Palestinian people. For example, women and children were massacred at Deir Yassin (1948), Sabra and Shatila (1982), and Gaza (2005-present).

• 1949-Present: Israel established and maintained Apartheid internally
  European Zionists have maintained laws within Israel discriminating against Christians, Muslims, and non-European Jews. There is also well-documented racism in medicine, business, schools, courts, government, etc. For example, Israeli Basic Law states, "…may not participate in the elections if there is in its goals or actions a denial of the existence of the State of Israel as the state of the Jewish people…”.

• 1950-Present: Israel refused right-of-return to Palestinians
  In defiance of international law, Israel has repeatedly refused displaced Palestinians their inalienable right-of-return.

• 1960-Present: Israel established and maintained undeclared nuclear arms
  In 1960, the U.S. State Department determined the existence of an Israeli secret nuclear installation. 1967-1985, Israel collaborated with South Africa – another Apartheid state at the time – in secret nuclear development. In defiance of numerous U.N. resolutions (1979-1994), Israel has repeatedly refused U.N. inspection, and remains an undeclared nuclear power in addition to maintaining chemical and biological warfare capabilities.

• 1967-Present: Israel illegally attacked and occupied the Palestinian Territories
  In defiance of international law, in what is now known as “the six day war”, Israel attacked and took control of the Palestinian Territories – the West Bank, Gaza, and East Jerusalem. In complete disregard of international law, Israel annexed East Jerusalem and has continued to illegally occupy these lands, brutalizing the residents, building illegal settlements, populating these settlements with armed settlers from around the globe, while expropriating land and water rights.

• 2002-Present: Israel built and maintained the Apartheid Wall
  In defiance of international law, Israel has built a separation wall, extending well into the illegally Occupied Palestinian Territories. Numerous analysts term the wall a physical manifestation of a system of oppression and discrimination richly fitting any accepted definition of Apartheid. Such a regime was exposed, confronted, and finally brought to an end in South Africa.

The international community regrettably acquiesced to the injustices bulleted in Part I. The result is that the official state of Israel consists of 78% of Historic Palestine. Although this fact is almost impossible for all Palestinians to digest, that is the way things are.

It is crucial to emphasize that unequivocally, Palestine should have been a united independent state to begin with. Christian, Muslim, Jewish, and other Palestinians had lived in harmony for centuries despite the many empires, conquerors, and exploitive occupiers. Palestine had frequently been a haven for Jews who were persecuted in other lands. A program could have easily been devised for controlled immigration of Jews and others seeking religious and/or social sanctuary. Such a solution would have been better accepted by native Holy Land inhabitants. However, short of an attack of conscience on the part of the Israeli government and people, there is no present remedy for the blunders documented in Part I.

Therefore at this time, only the injustices in Part II can be reasonably addressed – but addressed they must be! Israel must be stopped from operating outside of international and moral law with impunity. The international community must enforce justice universally.

Justice Essentials

• Israel must immediately, unconditionally, and completely withdraw from the illegally Occupied Palestinian Territories
  International law demands that Israel withdraw from Palestinian Territories. Reference numerous U.N. Security Council resolutions – at the minimum, Resolutions 242, 338, and 446. This withdrawal must include relinquishing all control and influence on borders and ports of Palestinian Territories.

• U.N. must sanction Israel for international laws broken during the last 65 years
  Sanctions must include compensation for property and personal damages resulting from the ethnic cleansing and illegal occupation, as well as future economic and political sanctions befitting Israel’s 65 years of ongoing international crimes.

• Israel must honor the inalienable right-of-return of displaced Palestinians
  International law demands that Israel allow displaced Palestinians their right-of-return to modern-day Israel. Although this will be logistically difficult to accomplish, an international committee must enforce this right with minimal disruption to Israeli citizens, as well as Palestinian refugees. Many U.N. resolutions guarantee this right – at the minimum, Resolution 194.

• Israel must immediately release all Administrative Detention prisoners
  International law precludes any government from detaining individuals without charge, legal counsel, or fair trial.

• Israel must allow independent review of Palestinian political prisoners
  Because of its infamous record of injustice, Israel must submit all cases of political imprisonment to international audit.

• Israel must immediately dismantle the Apartheid Wall at its own expense
  The International Court of Justice ruled on 7/9/2004 that the “Separation Wall” was illegal. This ruling must be enforced! Israel must compensate land owners and others who have suffered from this atrocity.

• Israel must amend any laws discriminating on the basis of religion or ethnicity
  In the same spirit as South Africa was “persuaded” to end its Apartheid, the same must be accomplished in Israel.

• An international War Crimes Tribunal must be held for Zionist war criminals
  In the same spirit that the Nuremberg Trials brought justice to Nazi war criminals, the same must be applied to Zionist war criminals – Israeli, European, American, or other.

• Israel must dismantle its nuclear weapons and facilities
  A host of U.N. resolutions demanded that Israel subject itself to inspection – at the minimum, Resolution 35-157. Israel must dismantle its undeclared nuclear arsenal and allow U.N. inspection. For that matter, all world powers, including the U.S., should eliminate their nuclear arsenals. Chemical and biological warfare should also be discontinued worldwide.

Part I.

Introduction

The States Parties to the present Convention,

Recognizing the increasingly important role of multilateral diplomacy in relations between States and the responsibilities of the United Nations, its specialized agencies and other international organizations of a universal character within the international community, Having in mind the purposes and principles of the Charter of the United Nations concerning the sovereign equality of States, the maintenance of international peace and security and the promotion of friendly relations and cooperation among States, Recalling the work of codification and progressive development of international law applicable to bilateral relations between States which was achieved by the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consular Relations of 1963, and the Convention on Special Missions of 1969, Believing that an international convention on the representation of States in their relations with international organizations of a universal character would contribute to the promotion of friendly relations and cooperation among States, irrespective of their political, economic and social systems, Recalling the provisions of Article 105 of the Charter of the United Nations, Recognizing that the purpose of privileges and immunities contained in the present Convention is not to benefit individuals but to ensure the efficient performance of their functions in connection with organizations and conferences, Taking account of the Convention on the Privileges and Immunities of the United Nations of 1946, the Convention on the Privileges and Immunities of the Specialized Agencies of 1947 and other agreements in force between States and between States and international organizations, Affirming that the rules of customary international law continue to govern questions not expressly regulated by the provisions of the present Convention,

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The countries of the Euro-Mediterranean partnership, guided by the principles and objectives of the Barcelona Declaration, are united in the struggle against terrorism. The threat that terrorism poses to the lives of our citizens remains serious and terrorist attacks seriously impair the enjoyment of human rights. We remain determined to strengthen cooperation and co-ordination to respond to this global challenge. Today, we reiterate our total condemnation of terrorism in all its forms and manifestations and our determination to eradicate it and to combat its sponsors.

We have exerted considerable effort and had significant success in combating terrorism. We must continue to prevent terrorists accessing money and weapons, to disrupt their plans and disrupt their networks and to bring them to justice, by strengthening international cooperation. Our response must remain proportionate and solidly anchored within international and domestic legal frameworks that ensure respect for human rights and fundamental freedoms. We must not imperil the democratic values to which we are committed.

We confirm that we will:

• implement in full all Security Council resolutions addressing the issue of terrorism, ensuring respect for the Charter of the United Nations, international law and international humanitarian law;
• strive to achieve the ratification and implementation of all 13 UN Counter-Terrorism Conventions;
• welcome the work on the development of the UNSG’s strategy in the fight against terrorism and co-operate with UN anti terrorism bodies;
• encourage the full implementation of the standards established by the Financial Action Task Force;
• exchange information on a voluntary basis on terrorists and their support networks, in accordance with international and national law;
• work bilaterally and in accordance with national legislation to develop our effective and operational co-operation to disrupt networks and bring individuals involved in terrorist acts to justice;
• refuse asylum to terrorists and deny them safe haven in accordance with international law;
• share expertise and best practices on countering terrorism on a voluntary basis, including through technical assistance;
• ensure respect for human rights in the fight against terrorism in accordance with international law;
• Consider convening a high level conference under the auspices of the UN to formulate an international response to terrorism in all its aspects and manifestations, following agreement on a comprehensive convention on international terrorism.

Terrorism can never be justified. If we are to succeed in the long term in enabling international institutions, governments to stop terrorism we need to address all its causes. We recognise the links between peace, security, social and economic development and human rights. We will continue to do all we can to resolve conflict, end occupation, confront oppression, reduce poverty, promote good governance and human right, improve intercultural understanding and ensure respect for all religions. Such actions serve directly the interests of the people of the Euromed region and work against the interests of the terrorists and their networks.

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To be supplemented prior to opening by agreements on security, customs and 3rd party implementation procedures

General

• Rafah will be operated by the Palestinian Authority on its side, and Egypt on its side, according to international standards, in accordance with Palestinian law and subject to the terms of this agreement.
• Rafah will be opened as soon as it is ready to operate at an international standard in accordance with the specifications of this agreement and as soon as the 3rd party is on site, with a target date of November 25.
• Use of the Rafah crossing will be restricted to Palestinian ID card holders and others by exception in agreed categories with prior notification to the GoI and approval of senior PA leadership.
  • 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;
  • The 3rd party will ensure the proper procedures are followed and will advise both sides of any information in its possession pertaining to the people applying to cross under these exceptions.
  • These procedures will remain in place for a period of 12 months, unless the 3rd party delivers a negative evaluation of the PA running the Rafah crossing. This evaluation will be done in close coordination with both sides and will give due consideration to the opinion of both sides.

• Rafah will also be used for export of goods to Egypt.
• Objective criteria for the inspection of cars will be established by consensus.
  The criteria are as follows:
  • Search equipment will be installed, including:
    • Black lights
    • Power tools and a compressor for the tools
    • Technology to be agreed, possibly including sonic imagery, gamma detection (full vehicle or hand held), and/or millimetre wave imagery
    • Mirrors and bore scope equipment to search hard to reach places

  • Personnel will be trained to search vehicles and on the use of this equipment by the 3rd party to international standards
  • Cameras will be installed to monitor the search process

• The 3rd party will evaluate the capacity of the PA to inspect cars according to these criteria and to international standards. Once the PA develops the capacity to inspect cars to the satisfaction of the 3rd party, cars will be allowed to pass through Rafah. Until that time, cars will pass through on an exceptional basis, subject to specifications agreed in the security protocol.
• Rafah will be the only crossing point between the Gaza Strip and Egypt (with the exception of Kerem Shalom for the agreed period).
• The PA will establish clear operating procedures.
• Until Rafah is operational, the PA will open Rafah crossing on an ad hoc basis for religious pilgrims, medical patients, and others, in coordination with General Gilad's office on the Israeli side.
• Israel will provide the PA with all information needed to update the Palestinian population registry, including all information on Palestinian ID card holders who are currently outside the country.
• 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.

Security

• The PA will act to prevent the movement of weapons and explosives at the Rafah crossing.
• The PA will establish baggage limits for each passenger as part of the procedures. Limits will be the same as currently applied by the GoI; very frequent travellers (suitcase policy) to be agreed.
  o Travellers, including returning residents, may use the crossing point to bring in personal effects as defined in Rule 1(e) to Heading 7 of the Annex to the prevailing Customs Tariff. Any other personal belongings or other goods shall be cleared at the Kerem Shalom crossing point.
  
• The PA will provide the 3rd party a list of names of the workers at Rafah crossing which will be shared with the Israelis. The PA will take the Israelis concerns into account.
• Security services from Israel, PA, the U.S., and Egypt will continue to coordinate on security issues and will participate in the security working group.
• 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.

Customs

• GoI and PA will continue to apply the Paris Protocol of 29 April 1994.
• Rafah will be operated according to international standards and rules and the Paris Protocol.
• GoI and PA agree on widest possible co-operation and information sharing.
• GoI and PA will co-operate on training issues.
• GoI and PA customs will hold regular meetings to which the GoE will be invited as appropriate.

Kerem Shalom

• PA customs officials will clear incoming cargo at Kerem Shalom under the supervision of Israeli customs agents.
• Both sides will discuss operating procedures at a later stage.
• Operations at Kerem Shalom will provide training and capacity building to PA customs staff.
• The 3rd party will review the PA's customs capacity in 12 months and make a recommendation to both sides for a joint decision regarding future arrangements. In the event of a disagreement, the U.S., in consultation with the GoI, the PA, and the 3rd party, will resolve the issue expeditiously.

Third party

• The 3rd party will have the authority to ensure that the PA complies with all applicable rules and regulations concerning the Rafah crossing point and the terms of this agreement. In case of non-compliance the 3rd party has the authority to order the re-examination and reassessment of any passenger, luggage, vehicle or goods. While the request is being processed, the person, luggage, vehicle or cargo in question will not be allowed to leave the premises of the Rafah crossing point.
• The 3rd party will assist the PA to build capacity -- training, equipment and technical assistance -- on border management and customs.
• Details of the 3rd party's role are specified in the attached memorandum of understanding.
• The 3rd party will be the European Union.