الثلاثاء، 4 أكتوبر 2011

a paper was written by me about international negotiations "Camp David"


In this article I will be talking about the second framework which is the peace treaty between Egypt and Israel which was signed on the 26th of march 1979, Egypt was under pressure from Arab countries not to sign a peace treaty, as they were calling for many rounds of negotiations, and a middle east visit by Carter which may take too long time and won't be at the favor of Egypt.

Before going to Camp David President Anwar Al-Sadat made a huge concession by going to Israel which was a formal declaration of the state of Israel, which was a shock to the Arabs and to the Egyptians as well but it wasn't a reckless act or a non calculated risk because on the other hand Manachem Begin didn’t refuse to withdrawal all his troops from Sinai as he found that his first enemy "Egypt" made a huge concession and recognized Israel as a state.

With this treaty Egypt faced a harsh attack from all Arab leaders.  

Sides of the conflict and causes of the conflict and the BATNA:

The three concerned parties were President Anwar al Sadat and Manachem Begin and the third party was Jimmy Carter the US President and his role was a mediator.

 From the Egyptian side the cause of the conflict was to regain the Sinai Peninsula which was occupied by the Israeli troops on June 1967 and as a part of Egypt and history proves it and as an Egyptian heritage which should be back to Egypt, Israel had another reason to keep Sinai Peninsula, which was the security and to protect itself from any military attacks.

Jimmy Carter's role was to make the Egyptian and the Israeli demands as close to each other as possible and to be a mediator between them. Demands from each side were clear for the other side and each side have their alternatives because alternatives can improve the BATNA due to the changes which may occur on the negotiation table due to their good preparation and negotiators should not change their BATNA due to the other party persuasion techniques. It should only change as a result of evidences and facts, and both sides were preparing the ideal outcome or the aspiration point.

Both sides agreed on certain things, Sinai peninsula would be back to Egypt's sovereignty and full control and withdrawal of all Israeli troops in the area, and the Sinai peninsula should be a demilitarized area with no, in this point Egypt won its land back and Israeli won the protection not to be attacked from the land which was back to the Egyptian sovereignty.
Goals for both sides:

 Israel and its Arab neighbors had been fighting for 30 years. In 1948, Israel was established as a state a homeland for Jews, who had long faced persecution in Europe and had been murdered by the Nazis in the Holocaust during World War II. Although Jews considered Israel their home dating back to times, Arabs had constituted the majority of the population in the area for centuries and considered the Jews as an interrupters.
After that in 1948 Arab armies; Egypt, Syria, Lebanon, Iraq, Jordon attacked Israel but the new country survived and its territories became bigger and it included new areas from Palestine and the Arab countries refused that.
Tension between Israel and Arab countries was rising and Egypt was the most powerful enemy to Israel in the area, and went through many wars; 1948, 1956, 1967, 1973.
Both countries didn't want another war, and Egyptian President has a famous statement "no more wars". Both Egypt and Israel were seeking for peace treaty to be signed to end the entire struggle in the area over Sinai Peninsula and both Egypt and Israel were satisfied.

The PREAMBLE: that  Egypt and Israel were Convinced of the urgent necessity of the establishment of a just, comprehensive and lasting peace in the Middle East in accordance with Security Council Resolutions 242 and 338; reaffirming their adherence to the "Framework for Peace in the Middle East Agreed at Camp David," dated September 17, 1978; noting that the aforementioned Framework as appropriate is intended to constitute a basis for peace not only between Egypt and Israel but also between Israel and each of its other Arab neighbors which is prepared to negotiate peace with it on this basis; desiring to bring to an end the state of war between them and to establish a peace in which every state in the area can live in security; convinced that the conclusion of a Treaty of Peace between Egypt and Israel is an important step in the search for comprehensive peace in the area and for the attainment of settlement of the Arab- Israeli conflict in all its aspects; inviting the other Arab parties to this dispute to join the peace process with Israel guided by and based on the principles of the aforementioned Framework; desiring as well to develop friendly relations and cooperation between themselves in accordance with the United Nations Charter and the principles of international law governing international relations in times of peace; agree to the following provisions in the free exercise of their sovereignty, in order to implement the "Framework for the Conclusion of a Peace Treaty Between Egypt and Israel";


Article I
The state of war between the Parties will be terminated and peace will be established between them upon the exchange of instruments of ratification of this Treaty.
Israel will withdraw all its armed forces and civilians from the Sinai behind the international boundary between Egypt and mandated Palestine, as provided in the annexed protocol (Annex I ), and Egypt will resume the exercise of its full sovereignty over the Sinai.
Upon completion of the interim withdrawal provided for in Annex I, the parties will establish normal and friendly relations, in accordance with Article III (3).

Article II
The permanent boundary between Egypt and Israel is the recognized international boundary between Egypt and the former mandated territory of Palestine, as shown on the map at Annex II, without prejudice to the issue of the status of the Gaza Strip. The Parties recognize this boundary as inviolable. Each will respect the territorial integrity of the other, including their territorial waters and airspace.

Article III
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 recognize and will respect each other's sovereignty, territorial integrity and political independence;
They recognize and will respect each other's right to live in peace within their secure and recognized boundaries;
They will refrain from the threat or use of force, directly or indirectly, against each other and will settle all disputes between them by peaceful means.
Each Party undertakes to ensure that acts or threats of belligerency, hostility, or violence do not originate from and are not committed from within its territory, or by any forces subject to its control or by any other forces stationed on its territory , against the population, citizens or property of the other Party. Each Party also undertakes to refrain from organizing, instigating, inciting, assisting or participating in acts or threats of belligerency, hostility, subversion or violence against the other Party, anywhere, and undertakes to ensure that perpetrators of such acts are brought to justice.
The Parties agree that the normal relationship established between them will include full recognition, diplomatic, economic and cultural relations, termination of economic boycotts and discriminatory barriers to the free movement of people and goods, and will guarantee the mutual enjoyment by citizens of the due process of law. The process by which they undertake to achieve such a relationship parallel to the implementation of other provisions of this Treaty is set out in the annexed protocol (Annex III).

Article IV
In order to provide maximum security for both Parties on the basis of reciprocity, agreed security arrangements will be established including limited force zones in Egyptian and Israeli territory, and United Nations forces and observers, described in detail as to nature and timing in Annex I, and other security arrangements the Parties may agree upon.
The Parties agree to the stationing of United Nations personnel in areas described in Annex I. The Parties agree not to request withdrawal of the United Nations personnel and that these personnel will not be removed unless such removal is approved by the Security Council of the United Nations, with the affirmative vote of the five Permanent Members, unless the Parties otherwise agree.
A Joint Commission will be established to facilitate the implementation of the Treaty, as provided for in Annex I.
The security arrangements provided for in paragraphs 1 and 2 of this Article may at the request of either party be reviewed and amended by mutual agreement of the Parties.

Article V
Ships of Israel, and cargoes destined for or coming from Israel, shall enjoy the right of free passage through the Suez Canal and its approaches through the Gulf of Suez and the Mediterranean Sea on the basis of the Constantinople Convention of 1888, applying to all nations, Israeli nationals, vessels and cargoes, as well as persons, vessels and cargoes destined for or coming from Israel, shall be accorded non- discriminatory treatment in all matters connected with usage of the canal.
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 country through the Strait of Tiran and the Gulf of Aqaba.


Article VI
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 fulfill in good faith their obligations under this Treaty, without regard to action or inaction of any other party and independently of any instrument external to 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 depositaries of such conventions.
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 obligation of the Parties under the present Treaty and any of their other obligations, the obligations under this Treaty will be binding and implemented.
Article VII
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 VIII
The Parties agree to establish a claims commission for the mutual settlement of all financial claims.


Article IX
This Treaty shall enter into force upon exchange of instruments of ratification.
This Treaty supersedes the Agreement between Egypt and Israel of September, 1975.
All protocols, annexes, and maps attached to this Treaty shall be regarded as an integral part hereof.
The Treaty shall be communicated 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.

Conclusion:

The peace treaty signed between Egypt and Israel opened a lot of other issues and ended up a lot of issues, it ended the struggle between Egypt and Israel on Sinai peninsula and the land was back to Egypt's sovereignty and Israel protection was granted and Sinai was demilitarized area so Israel was protected so both sides were satisfied, but also there was a lot of other issues opened, all Arab countries changed their policy in dealing with Egypt and till now to some extent the treatment between Egypt and some Arab countries is not so far good, but in my opinion Egypt got what it wanted to get from this negotiations and get its own land back regardless the other Arab countries issues, and Israel gained a peace treaty with the strongest Arab country in the area which is a goal for Israel too.

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