t h e s u b j e c t s o f i n t e r nat i o na l l aw
247
this Declaration, the PLO team in the Jordanian–Palestinian delegation
to the Middle East Peace Conference was accepted as representing the
Palestinian people. It was agreed to establish a Palestinian Interim Self-
Government Authority as an elected Council for the Palestinian people in
the West Bank and Gaza (occupied by Israel since 1967) for a transitional
period of up to five years leading to a permanent solution. Its jurisdiction
was to cover the territory of the West Bank and Gaza, save for issues to
be negotiated in the permanent status negotiations. Upon the entry into
force of the Declaration, a transfer of authority was to commence from
the Israel military government and its civil administration. The Cairo
Agreement of 4 May 1994
253
provided for the immediate withdrawal of
Israeli forces from Jericho and the Gaza Strip and transfer of authority to a
separately established Palestinian Authority. This Authority, distinct from
the PLO it should be emphasised, was to have certain specified legislative,
executive and judicial powers. The process continued with a transfer of
further powers and responsibilities in a Protocol of 27 August 1995 and
with the Interim Agreement on the West Bank and Gaza of 28 September
1995, under which an additional range of powers and responsibilities was
transferred to the Palestinian Authority pending the election of the Coun-
cil and arrangements were made for Israeli withdrawal from a number
of cities and villages on the West Bank.
254
An accord concerning Hebron
followed in 1997
255
and the Wye River agreement in 1998, both marking
further Israeli redeployments, while the Sharm el Sheikh memorandum
and a later Protocol of 1999 concerned safe-passage arrangements be-
tween the Palestinian Authority areas in Gaza and the West Bank.
256
The
increase in the territorial and jurisdictional competence of the Palestinian
Authority established as a consequence of these arrangements raised the
question of legal personality. While Palestinian statehood has clearly not
been accepted by the international community, the Palestinian Author-
ity can be regarded as possessing some form of limited international
‘The Israeli–Palestinian Declaration of Principles: A Framework for Future Settlement’,
4 EJIL, 1993, p. 542, and P. Malanczuk, ‘Some Basic Aspects of the Agreements Between
Israel and the PLO from the Perspective of International Law’, 7 EJIL, 1996, p. 485.
253
33 ILM, 1994, p. 622.
254
See e.g. M. Benchikh, ‘L’Accord Int´erimaire Isra´elo-Palestinien sur la Cisjordanie et la
bande de Gaza du 28 September 1995’, AFDI, 1995, p. 7, and
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