Ten Points Regarding the Fundamental Breach by the Palestinians of the Oslo Accords

Ted Belman. This is not the first fundamental breach committed by the PA. In every case Israel chose not to abrogate the deal. The Accords are not just a contract, they are like a constitution in which powers are assigned to different levels of government. In Canada the provinces are given certain powers to legislate and the federal government other powers. The same for the US. Oslo defines the powers for the PA and for Israel. These powers vary depending on whether we are talking about A, B or C. Israel wants to maintain this division of powers. Having said that she also allows the PA to violate Israel’s powers over Area C. Israel, as they say, should fish or cut bait which means she should either enforce it or abrogate it.

By Alan Baker, JCPA

  1. The peace negotiation process as set out in the Oslo Accords was intended to lead to peace between Israel and the Palestinian People and mutual recognition of each other’s “mutual legitimate and political rights” (Preamble, Oslo I and Oslo II).
  1. In this context Israel was prepared to compromise on the historic and legal rights of the Jewish People in the area, through agreement for peaceful relations. To this end the parties agreed in the Oslo Accords not to initiate or take any steps that will change the status of the territories pending the outcome of the permanent status negotiations (Oslo II, Article 31(7)).

  1. Yasser Arafat, in his September 9, 1993, letter to Yitzhak Rabin, declared that “all outstanding issues relating to permanent status will be resolved through negotiations.”
  1. This overall series of commitments and obligations constitutes a contractual framework of obligations between Israel and the Palestinians, signed as witnesses and guarantors by the King of Jordan, the Presidents of the U.S. and Egypt, the Foreign Ministers of the Russian Federation and Norway, the EU and endorsed by the UN.
  1. By petitioning the UN, the International Criminal Court and international organizations to recognize them and accept them as a full member state, and by their unification with the Hamas terror organization, the Palestinians have knowingly and deliberately bypassed their contractual obligations pursuant to the Oslo Accords in an attempt to prejudge the main negotiating issues outside the negotiation.
  1. This, together with their attempts to delegitimize Israel among the international community and their attempted actions against Israel’s leaders, has served to frustrate any possibility of realization of the Oslo Accords, and as such the Palestinians are in material breach of their contractual obligations.
  1. By the same token those countries supporting them are in breach of their obligations and guarantees as witnesses.
  1. By all legal standards, according to the accepted and universally recognized laws of contracts and international agreements, a fundamental breach enables the injured party to declare the agreement void and is freed from any further obligations pursuant to the agreement or contract.
  1. Therefore the fundamental breach of the Oslo Accords by the Palestinians is indicative of their conscious decision to undermine them and prevent any possibility of their implementation. As such they have rendered the Accords void.
  1. In such a situation of fundamental breach and according to all accepted rules of contracts and agreements, Israel has the legitimate right to declare that the Oslo Accords are no longer valid and to act unilaterally in order to protect its essential legal and security interests.

 

January 6, 2015 | 7 Comments »

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  1. @ dweller:
    He is a very intelligent individual who receives the top intelligence information. He know what the enemy wants. Yet he insists on surrendering, freeing murderers, destroying Jewish holdings, etc. Only personal ambition may guide him to do that. I believe he wants “his” Nobel.

  2. The world does not give a sh..t from the Muslims but everything from IL. That is what you call antisemitism. Nothing new here.

  3. By the same token those countries supporting them are in breach of their obligations and guarantees as witnesses.

    No problem… they are also in breach of their guarantees on the LON mandate wrt Jewish settlement rights.

    Israel has the legitimate right to declare that the Oslo Accords are no longer valid and to act unilaterally in order to protect its essential legal and security interests.

    the obvious one is annexing at least C, and another is to a massive affirmative action program to “facilitate immigration and close settlement” of diaspora Jews in C. However a 3rd serious look should be given to the residential and legal status of the tens and thousands of PLO families allowed into Israel under the terms of, and solely due to, the Oslo accords. with Oslo breached the residential status of those families should be declared terminated and null and void. Both citizenship’s and residencies have been withdrawn by many nations for various reasons including the simple reason of lying on an application. In this case they would not have been admitted except under the reasonable expectation of the consummation of Oslo in a treaty. Israel should rescind their residency and deport them. this would be a good first trial of deportation. second should be the deportation of anyone convicted of any terror related crime, 3rd the deportation of anti semites and inciters. Its time to start transfer starting with the basis of the breach of oslo.

  4. @ Bear Klein:
    There are a few sources I never, ever rely for information and one is “ha’aretz” while the second is the captive radio and TV systems.
    It is the third election cycle that we rely on a voluntary, most HS and college students run cumulative poll. Our first information item is the percent of non responding polled. It now stands at 48%.
    That means that the poll data reflects the up to the present views of 52% of the population.
    CUMULATIVE means that data is added to already accumulated data. We do this for our own satisfaction and take no position as to its overall worthiness.
    These are our findings.
    LIKUD: 23 (lost two mandates)
    Jewish Home: 19 (gain one mandate)
    Livni-Hertzog: 16 (no change)
    Islamic group: 11 (no change)
    Mr. Kohalon: 9 (no change)
    Atid: 8 (loss of one)
    Beitenu: 8 (no change)
    Torah: 8 (gain of one)
    Meretz: 7 (loss of one)
    Otzmah: 4 (no previous data)
    Rav Yishai: 4 (no change)
    Shas: 3-4 (fractional)
    Cannot venture to say which coalition will prevail.
    The data ONLY reflects the answers of polled people resident in the North of Haifa.
    The data base is held by third parties.

  5. The latest election poll shows Likud down slightly at 25 seats – still one more than the Labor party with Yitzhak Herzog and Tzipi Livni.

    Jewish Home receives 15 MKs, according to the poll, which was conducted by Teleseker for Channel 1.

    Yair Lapid’s Yesh Atid receives 9 and Moshe Kahlon’s Kulanu gets 8 seats, as does United Torah Judaism.

    Avigdor Liberman’s Yisrael Beytenu receives just 7 seats in the poll – and is apparently suffering as a result of the investigation into corruption that centers on MK Faina Kirschenbaum.

    Meretz also receives 7, less than it has been getting in polls recently, and Shas defector Eli Yishai’s Ha’am Itanu doesn’t make it past the threshold.

    The total number of MKs in a likely Netanyahu religious-right coalition, based on the poll, is 69. This is 8 more than the precarious 61 that Netanyahu can muster in the outgoing Knesset.

    A coalition in which Jewish Home is Likud’s senior partner could see Naftali Bennett in the Defense Minister’s position in the next government.

    http://www.israelnationalnews.com/News/News.aspx/189567#.VKvOw3tGh2B

  6. A very fine presentation.
    Regrettably doing so is against Netanyahu’s personal ambitions for a Nobel. He is not either for Eretz Israel and our Heritage.
    There are reasons to believe that the “peace industry” as many now call that, will not relent on what they are paid to do and that Netanyahu who is part of said industry, will lead on that.
    There are positive signs though.
    According to our polls the Likud is far from assured to be called to form the next temporary government.
    Likud 23, Jewish Home 20, Livni-Hertzog 16… The likud is on a negative slope at this time.
    Further, the list of candidates are not a solid block behind him.
    Practically Oslo was still born and no matter how many times it was revived it is now dead but not yet buried.