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The Israel-PLO Agreement and Self-Determination

Antonio Cassese 1

Full text available: PDF format *

I. Introductory Remarks

It is well known that the question of how to realize the right of Palestinians to self-determination has become one of the most crucial and tricky issues in international relations. The UN General Assembly proclaimed this right, in general terms, on 10 December 1969 (Resolution 2535 B XXIV) and then, more clearly, on 8 December 1970 (Resolution 2672 C XXV). In subsequent years it reiterated this proclamation. Since then all member States of the world community have acknowledged that the Palestinians have a right to self-determination (although without specifying how this right should be realized). By contrast, Israel initially held the view that the right at issue had already been achieved by the Palestinian Arabs through the formation of their own State, namely Jordan.2 Subsequently, however, Israel has taken a more flexible attitude.3

On 13 September 1993 Israel and the PLO signed a `Declaration of Principles on Interim Self-Government Arrangements'.4 A peaceful process was thus initiated that could (or should) lead to a final settlement of this age-old question. It will be opportune to briefly appraise the Declaration from the viewpoint of self-determination of Palestinians. In this respect, a few points can be made.

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1 Department of Law, European University Institute, Florence.

2 See the statement in the UN General Assembly by the Israeli delegate Prof. Blum: GAOR XXXVth Session, Plenary meetings, 77th Meet., at 1318 (paras. 108-109 and 112-113).

3 In 1988, the Israeli delegate to the Third Committee of the General Assembly stated that: `Israel believed that true negotiated peace with all its neighbours was feasible, and that within the framework a solution could be found to the problems and aspirations of the Palestinians. Israel had committed itself, as a signatory to the Camp David Accords, to seek and obtain a resolution to the Palestinian problem in all its aspects and had recognized the legitimate rights of the Palestinians.' UN Doc. A/C.3/43/SR.23, 23. See also Peres, `A Strategy for Peace in the Middle East', 58 Foreign Affairs (1980) 892 et seq.

4 Text published by the Government of Israel, Ministry of Education and Culture, Central Office of Information, and Ministry of Foreign Affairs, September 1993. The text of the Agreement is reprinted below at 572.

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