PREAMBLE
The parties to the present Agreement,
responding to the Security Council resolution of 16 November 1948, calling upon
them as a further provisional measure under Article 40 of the Charter of the
United Nations and in order to facilitate the transition from the present truce
to permanent peace in Palestine, to negotiate an armistice; having decided to
enter into negotiations under United Nations Chairmanship concerning the
implementation of the Security Council resolutions of 4 and 16 November 1948;
and having appointed representatives empowered to negotiate and conclude an
Armistice Agreement;
The undersigned representatives, in
the full authority entrusted to them by their respective Governments, have
agreed upon the following provisions:
ARTICLE I
ARTICLE I
With a view to promoting the return of
permanent peace in Palestine and in recognition of the importance in this
regard of mutual assurances concerning the future military operations of the
Parties, the following principles, which shall be fully observed by both Parties
during the Armistice, are hereby affirmed:
1. The
injunction of the Security Council against resort to military force in the
settlement of the Palestine question shall henceforth be scrupulously respected
by both Parties.
2. No
aggressive action by the armed forces -- land, sea, or air ‑- of either Party
shall be undertaken, planned, or threatened against the people or the armed
forces of the other; it being clearly understood that the use of the term
"planned" in this context has no bearing on normal staff planning as
generally practised in military organizations.
3. The
right of each Party to its security and freedom from fear of attack by the
armed forces of the other shall be fully respected.
4. The
establishment of an armistice between the armed forces of the two Parties is
accepted as an indispensable step toward the liquidation of armed conflict and
the restoration of peace in Palestine.
ARTICLE II
1. In
pursuance of the foregoing principles and of the resolutions of the Security
Council of 4 and 16 November 1948, a general armistice between the armed forces
of the two Parties -- land, sea and air -- is hereby established.
2. No
element of the land, sea or air military or para-military forces of either
Party, including non-regular forces, shall commit any warlike or hostile act
against the military or para-military forces of the other Party, or against
civilians in territory under the control of that Party; or shall advance beyond
or pass over for any purpose whatsoever the Armistice Demarcation Line set
forth in Article VI of this Agreement except as provided in Article III of this
Agreement; and elsewhere shall not violate the international frontier; or enter
into or pass through the air space of the other Party or through the waters
within three miles of the coastline of the other Party.
ARTICLE III
1. In
pursuance of the Security Council's resolution of 4 November 1948, and with a
view to implementation of the Security Council's resolution of 16 November
1948, the Egyptian military forces in the Al Faluja area shall be withdrawn.
2. This
withdrawal shall begin on the day after that which follows the signing of this
Agreement, at 0500 hours GMT, and shall be beyond the Egypt-Palestine frontier.
3. The
withdrawal shall be under the supervision of the United Nations and in
accordance with the Plan of Withdrawal set forth in Annex I to this Agreement
[not printed here].
ARTICLE IV
With specific reference to the
implementation of the resolutions of the Security Council of 4 and 16 November
1948, the following principles and purposes are affirmed:
1. The
principle that no military or political advantage should be gained under the
truce ordered by the Security Council is recognised.
2. It
is also recognised that the basic purposes and spirit of the Armistice would
not be served by the restoration of previously held military positions, changes
from those now held other than as specifically provided for in this Agreement,
or by the advance of the military forces of either side beyond the positions
held at the time this Armistice Agreement is signed.
3. It
is further recognised that rights, claims or interests of a non-military
character in the area of Palestine covered by this Agreement may be asserted by
either Party, and that these, by mutual agreement being excluded from the
Armistice negotiations, shall be, at the discretion of the Parties, the subject
of later settlement. It is emphasized that it is not the purpose of this
Agreement to establish, to recognize, to strengthen, or to weaken or nullify,
in any way, any territorial, custodial or other rights, claims or interests
which may be asserted by either Party in the area of Palestine or any part or
locality thereof covered by this Agreement, whether such asserted rights,
claims or interests derive from Security Council resolutions, including the
resolution of 4 November 1948 and the Memorandum of 13 November 1948 for its
implementation, or from any other source. The provisions of this Agreement are
dictated exclusively by military considerations and are valid only for the
period of the Armistice.
ARTICLE V
1. The
line described in Article VI of this Agreement shall be designated as the
Armistice Demarcation Line and is delineated in pursuance of the purpose and
intent of the resolutions of the Security Council of 4 and 16 November 1948.
2. The
Armistice Demarcation Line is not to be construed in any sense as a political
or territorial boundary, and is delineated without prejudice to rights, claims
and positions of either Party to the Armistice as regards ultimate settlement
of the Palestine question.
3. The
basic purpose of the Armistice Demarcation Line is to delineate the line beyond
which the armed forces of the respective Parties shall not move except as
provided in Article III of this Agreement.
4. Rules
and regulations of the armed forces of the Parties, which prohibit civilians
from crossing the fighting lines or entering the area between the lines, shall remain
in effect after the signing of this Agreement with application to the Armistice
Demarcation Line defined in Article VI.
ARTICLE VI
[defining Armistice Demarcation Lines
in the Gaza-Rafah and Bethlehem-Hebron areas -- omitted.]
ARTICLE VII
1. It
is recognized by the parties to this Agreement that in certain sectors of the
total area involved, the proximity of the forces of a third party not covered
by this Agreement makes impractical the full application of all provisions of
the Agreement to such sectors. For this reason alone, therefore, and pending
the conclusion of an Armistice Agreement in place of the existing truce with
that third party, the provisions of this Agreement relating to reciprocal
reduction and withdrawal of forces shall apply only to the western front and
not to the eastern front.
2. The
areas comprising the western and eastern fronts shall be defined by the United
Nations Chief of Staff of the Truce Supervision Organization, on the basis of
the deployment of forces against each other and past military activity or the
future possibility thereof in the area. The definition of the western and
eastern fronts is set forth in Annex II of this Agreement [not printed here].
3. In
the area of the western front under Egyptian control, Egyptian defensive forces
only may be maintained. All other Egyptian forces shall be withdrawn from this
area to a point or points no further east than El Arish - Abou Aoueigila.
4. In
the area of the western front under Israeli control,
Israeli defensive forces only, which shall be based on the settlements, may be
maintained. All other Israeli forces shall be withdrawn from this area to a
point or points north of the line delineated in paragraph 2.A of the Memorandum
of 13 November 1948 on the implementation of the resolution of the Security
Council of 4 November 1948.
5. The
defensive forces referred to in paragraphs 3 and 4 above shall be as defined in
Annex III to this Agreement [not printed here].
ARTICLE VIII
1. The
area comprising the village of El Auja and vicinity, as defined in paragraph 2
of this Article, shall be demilitarized, and both Egyptian and Israeli armed
forces shall be totally excluded therefrom. The Chairman of the Mixed Armistice
Commission established in Article X of this Agreement and United Nations
Observers attached to the Commission shall be responsible for ensuring the full
implementation of this provision.
2. [Omitted]
3. On
the Egyptian side of the frontier, facing the El Auja area, no Egyptian
defensive positions shall be closer to El Auja than El Qouseima and Abou
Aoueigila.
4. The
road Taba-Qouseima-Auja shall not be employed by any military forces whatsoever
for the purposes of entering Palestine.
5. The
movement of armed forces of either Party to this Agreement into any part of the
area defined in paragraph 2 of this Article, for any purpose, or failure by
either Party to respect or fulfil any of the other provisions of this Article,
when confirmed by the United Nations representatives, shall constitute a
flagrant violation of this Agreement.
ARTICLE IX
All prisoners of war detained by
either Party to this Agreement and belonging o the armed forces, regular or
irregular, of the other Party shall be exchanged as follows:
1. The
exchange of prisoners of war shall be under United Nations supervision and
control throughout. . . .
[Paras 2, 3, 4, 5 omitted.]
ARTICLE X
1. The
execution of the provisions of this Agreement shall be supervised by a Mixed
Armistice Commission composed of seven members, of whom each Party shall
designate three, and whose Chairman shall be the United Nations Chief of Staff
of the Truce Supervision Organization or a senior officer from the Observer
personnel of that Organization designated by him following consultation with
both Parties to this Agreement.
2. The
Mixed Armistice Commission shall maintain its headquarters at El Auja, and
shall hold its meetings at such places and at such times as it may deem
necessary for the effective conduct of its work.
3. [Omitted.]
4. Decisions
of the Mixed Armistice Commission, to the extent possible, shall be based on
the principle of unanimity. In the absence of unanimity, decisions shall be
taken by a majority vote of the members of the Commission present and voting.
On questions of principle, appeal shall lie to a Special Committee, composed of
the United Nations Chief of Staff of the Truce Supervision Organization and one
member each of the Egyptian and Israeli Delegations to the Armistice Conference
at Rhodes or some other senior officer, whose decisions on all such questions
shall be final. If no appeal against a decision of the Commission is filed
within one week from the date of said decision, that decision shall be taken as
final. Appeals to the Special Committee shall be presented to the United
Nations Chief of Staff of the Truce Supervision Organization, who shall convene
the Committee at the earliest possible date.
5. The
Mixed Armistice Commission shall formulate its own rules of procedure. Meetings
shall be held only after due notice to the members by the Chairman. The quorum
for its meetings shall be a majority of its members.
6. The
Commission shall be empowered to employ Observers . . .
7. Claims
or complaints presented by either Party relating to the application of this
Agreement shall be referred immediately to the Mixed Armistice Commission
through its Chairman. The Commission shall take such action on all such claims
or complaints by means of its observation and investigation machinery as it may
deem appropriate, with a view to equitable and mutually satisfactory
settlement.
8. Where
interpretation of the meaning of a particular provision of this Agreement is at
issue, the Commission's interpretation shall prevail, subject to the right of
appeal as provided in paragraph 4. The Commission, in its discretion and as the
need arises, may from time to time recommend to the Parties modifications in the
provisions of this Agreement.
9. The
Mixed Armistice Commission shall submit to both Parties reports on its
activities as frequently as it may consider necessary. A copy of each such
report shall be presented to the Secretary-General of the United Nations for
transmission to the appropriate organ or agency of the United Nations.
10. Members of the commission and its
Observers shall be accorded such freedom of movement and access in the areas
covered by this Agreement as the Commission may determine to be necessary,
provided that when such decisions of the Commission are reached by a majority
vote United Nations Observers only shall be employed.
11. The expenses of the Commission,
other than those relating to United Nations Observers, shall be apportioned in
equal shares between the two Parties to this Agreement.
ARTICLE XI
No provision of this Agreement shall
in any way prejudice the rights, claims and positions of either Party hereto in
the ultimate peaceful settlement of the Palestine question.
ARTICLE XII
1. The
present agreement is not subject to ratification and shall come into force
immediately upon being signed.
2. The
Agreement, having been negotiated and concluded in pursuance of the resolution
of the Security Council of 16 November 1948 calling for the establishment of an
armistice in order to eliminate the threat to the peace in Palestine and to
facilitate the transition from the present truce to permanent peace in
Palestine, shall remain in force until a peaceful settlement between the
Parties is achieved, except as provided in paragraph 3 of this Article.
3. The Parties to this Agreement may, by mutual
consent, revise this Agreement or any of its provisions, or may suspend its
application, other than Articles I and II, at any time. In the absence of
mutual agreement and after this Agreement has been in effect for one year from
the date of its signing, either of the Parties may call upon the
Secretary-General of the United Nations to convoke a conference of
representatives of the two Parties for the purpose of reviewing, revising or
suspending any of the provisions of this Agreement other than Articles I and
II. Participation in such conference shall be obligatory upon the Parties.
4. If the conference provided for in paragraph 3
of this Article does not result in an agreed solution of a point in dispute,
either Party may bring the matter before the Security Council of the United
Nations for the relief sought on the grounds that this Agreement has been
concluded in pursuance of Security Council action toward the end of achieving
peace in Palestine.
5. [Omitted.]
6. This Agreement is signed in
quintuplicate . . .
In faith whereof the undersigned representatives of
the Contracting Parties have signed hereafter, in the presence of the United
Nations Acting Mediator on Palestine and the United Nations Chief of Staff of
the Truce Supervision Organization.
Done at Rhodes, Island of Rhodes, Greece, on the
twenty-fourth of February nineteen forty-nine.
For and on behalf of the For and on behalf of the
Government of Egypt Government
of Israel
[signed]
COLONEL SEIF EL DINE WALTER EYTAN
COLONEL EL RAHMANY COLONEL
YIGAEL YADIN
ELIAS SASSON
