Foreign Relations of the United States, 1977–1980, Volume IX, Arab-Israeli Dispute, August 1978–December 1980, Second, Revised Edition

40. Draft Text Prepared by the Assistant Secretary of State for Near Eastern and South Asian Affairs (Saunders)¹

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A FRAMEWORK FOR PEACE IN THE MIDDLE EAST AGREED AT CAMP DAVID

Anwar al-Sadat, President of the Arab Republic of Egypt, and Menachem Begin, Prime Minister of Israel met with Jimmy Carter, President of the United States of America, at Camp David from September 5 to ______, 1978, and have agreed on the following framework for peace in the Middle East. They invite other parties to the Arab-Israeli conflict to adhere to it.

Preamble

The search for peace in the Middle East must be guided by the following:

—After four wars over thirty years, despite intensive human efforts, the Middle East, which is the cradle of civilization and the birthplace of three great religions, does not yet enjoy the blessings of peace. The people of the Middle East yearn for peace so that the vast resources of the region can be turned to the pursuits of peace and so that this area can become a model for coexistence and cooperation among nations.

—The historic initiative of President Sadat and Israel’s warm reception of his mission have created an unprecedented opportunity for peace which must not be lost if the peoples of the Middle East are to spare this generation and the generations to come the tragedies of war.

—The provisions of the Charter of the United Nations, the Universal Declaration of Human Rights, the Declaration of Principles of International Law concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations, and the accepted norms of international law and legitimacy now provide accepted standards for the conduct of relations among all states.

—The only agreed basis for a peaceful settlement of the Arab-Israeli conflict is United Nations Security Council Resolution 242 supplemented by Resolution 338.² Resolution 242 in its preamble emphasizes the obligation of Member States in the United Nations to act in accordance with Article 2 of the Charter. Article 2, among other points, calls for the settlement of disputes by peaceful means and for Members to refrain from the threat or use of force. Egypt and Israel in their agreement signed September 4, 1975,³ agreed: “The Parties hereby undertake not to resort to the threat or use of force or military blockade against each other.” They have both also stated that there shall be no more war between them. In a relationship of peace, in the spirit of Article 2, negotiations between Israel and any nation prepared to negotiate peace and security with it should be based on all the principles of Resolution 242, including the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every state in the area can live in security. Negotiations are necessary to determine how best to apply and implement the principles of Resolution 242 and fulfill all of its objectives in the circumstances which exist today.

—Peace is more than the juridical end of the state of belligerency. It should lead to normal relations between nations. Progress toward that goal can accelerate movement toward a new era of reconciliation in the Middle East marked by cooperation in promoting economic development, in maintaining stability, and in assuring security.

—Security is enhanced by a relationship of peace and by cooperation between nations which enjoy normal relations. Under the terms of peace treaties, the sovereign parties can agree to special security arrangements such as demilitarized zones, limited armaments areas, early warning stations, special security forces, liaison, agreed programs for monitoring, and other arrangements that they agree are useful.

Agreement

Taking these factors into account, Egypt and Israel have agreed:

1. They are determined to reach a comprehensive settlement of the Middle East conflict through the conclusion of peace treaties on the basis of the full implementation of all the principles of Security Council Resolutions 242 and 338. Their purpose is to achieve peace and good neighborly relations. They recognize that, for peace to endure, it must involve all the nations who have been principal parties to the Arab-Israeli conflict; it must provide security; and it must give those people who have been most deeply affected by the conflict a sense that they have been dealt with fairly in the peace agreement.

2. They undertake not to resort to the threat or the use of force to settle disputes. Any disputes shall be settled by peaceful means in accordance with the provisions of Article 33 of the Charter of the United Nations. They also undertake to accept the compulsory jurisdiction of the International Court of Justice with respect to all disputes emanating from the application or the interpretation of their contractual arrangements.

3. In order to achieve peace between them, they have agreed to negotiate within three months from the signing of this “Framework” a peace treaty between them.⁴ In response to Egypt’s offer of full peace and normal relations, Israel has proposed the restoration of the exercise of full Egyptian sovereignty in the Sinai up to the internationally recognized border between Egypt and Israel. Security arrangements, the timing of withdrawal of all Israeli forces and settlements,⁵ and the elements of a normal, peaceful relationship have been discussed and will be defined in the peace treaty.

4. They will participate in negotiations on resolution of the Palestinian problem in all its aspects. The solution must recognize the legitimate rights of the Palestinian people and enable the Palestinians to participate in the determination of their own future. To this end, they agree that agreements relating to the West Bank and Gaza should be reached in three stages:⁶

(a) Egypt and Israel hereby agree that, in order to ensure a peaceful and orderly transfer of authority, there should be a transitional period not exceeding five years. They further agree that the Israeli military government will be abolished and withdrawn as soon as a government shall be freely elected by the inhabitants of these areas to replace the existing military government. This transitional arrangement should derive its authority from an agreement concluded among Israel, Jordan, and Egypt. To negotiate the details of a transitional arrangement, the Government of Jordan will be invited to join the negotiations on the basis of this agreement.⁷ Palestinian advisers selected by Jordan and Egypt may be members of their delegations. The establishment of the new regime should give due consideration both to the principle of self-government by the inhabitants of these territories and to the legitimate security concerns of all the parties.

(b) Egypt, Israel, and Jordan should meet to negotiate an agreement to end Israel’s military government in the West Bank and Gaza and to establish the elected interim government there.⁸ This agreement would define the authorities of the interim government. It would include arrangements for assuring external security and public order; it will also include arrangements for withdrawal of Israeli armed forces from designated areas and will define their duties. Egypt and Israel propose that, to assist in ensuring security during this period, Jordan and Egypt would assign officials to share responsibility with the security forces of the local authority in the West Bank and Gaza, respectively, and to maintain continuing liaison with the designated Israeli authority on internal security matters to ensure that no hostile threats or acts against Israel or its citizens originate from the West Bank or Gaza. The numbers, equipment and responsibilities of such Egyptian and Jordanian officials would be defined by mutual agreement among the negotiating parties. In addition, by mutual agreement, United Nations forces might also be introduced during the transitional period.⁹

(c) When the Palestinian Arab authority in the West Bank and Gaza is inaugurated, the transitional period would begin. Within two years after the beginning of the transitional period, Egypt, Israel, Jordan and the interim authority in the West Bank and Gaza would undertake negotiations for a peace treaty which would settle the final status of the West Bank and Gaza and its relationship with its neighbors on the basis of all of the principles of UN Security Council Resolution 242, including the mutual obligations of peace, the necessity for security arrangements for all parties concerned following the transitional period, the withdrawal of Israeli forces, a just settlement of the refugee problem, and the establishment of secure and recognized boundaries. The boundaries and security arrangements must satisfy the aspirations of the Palestinians and meet Israel’s security needs. They may incorporate agreed modifications in the temporary armistice lines which existed between 1949 and 1967. The peace treaty will define the rights of the citizens of each of the parties to do business, to work, to live, and to carry on other transactions in each other’s territory. The peace treaty shall provide for an expression of consent to its terms by the people concerned.

5. During the transitional period in the West Bank and Gaza, the negotiating parties would constitute a continuing committee to reach agreements applicable during that period on the following:

(a) issues involving interpretation of the agreement or issues unforeseen during the negotiation of the agreement, if not resolvable by the governing council;

(b) the return of agreed numbers of persons displaced from the West Bank in 1967 and of Palestinian refugees;

6. During these negotiations¹⁰ no new Israeli settlements will be established, and there will be no expansion of facilities in existing settlements.

7. Jerusalem, the city of peace, must not again be divided by the instruments of war. It is a city holy to Christian, Jew, and Muslim, and all must have free access to it. For peace to endure, each community in Jerusalem must be able to express freely its cultural and religious values in an acceptable political framework. An agreement on relationships in Jerusalem should be reached in the negotiations dealing with the West Bank and Gaza.

8. They agree to consult with each other and with other interested parties on a just solution of the refugee problem.

9. Synchronized with the implementation of the provisions related to withdrawal, they shall proceed to establish among them relationships normal to States at peace with one another. To this end, they undertake to abide by all the provisions of the Charter of the United Nations. Steps taken in this respect include:

(a) Full recognition.

(b) Abolishing economic boycott.

(c) Ensuring the freedom of passage through the Suez Canal.

(d) Guaranteeing that under their jurisdiction the citizens of the other Parties shall enjoy the protection of the due process of law.

(e) Encouraging the free movement of people and goods.

10. In all of the negotiations described above, they will arrange to guarantee the security, sovereignty, territorial integrity and inviolability and the political independence of each State negotiating peace through measures such as the following:

(a) The establishment of demilitarized zones.

(b) The establishment of limited armament zones.

(c) The stationing of United Nations forces or observer groups as agreed.

(d) The stationing of early warning systems on the basis of reciprocity.

(e) Regulating the acquisition of arms by the Parties and the type of their armament and weapons systems.

(f) The adherence by all the Parties to the Treaty on the Non-Proliferation of nuclear weapons. The Parties undertake not to manufacture or acquire nuclear weapons or other nuclear explosive devices.

(g) Applying the principle of free passage to transit through the Straits of Tiran.

(h) The establishment of relations of peace and good-neighborly cooperation among the Parties.

11. In all of the negotiations described above, they will explore possibilities for regional economic development in the context of both transitional arrangements and final peace treaties, with the objective of contributing to the atmosphere of peace, cooperation and friendship which is their common goal.

12. A Claims Commission will be established to adjudicate claims made by either side against the other.

13. The United States shall be invited to participate in the talks on matters related to the modalities of the implementation of the agreements and working out the time-table for the carrying out of the obligations of the Parties.

14. The Security Council shall be requested to endorse the Peace Treaties and ensure that their provisions shall not be violated.

15. The Permanent members of the Security Council shall be requested to underwrite the Peace Treaties and ensure respect for their provisions. They shall also be requested to conform their policies and actions with the undertakings contained in this Framework.

1. Source: Department of State, Office of the Secretariat Staff, Cyrus R. Vance, Secretary of State—1977–1980, Lot 84D241, Box 11, The Secretary Camp David [Briefing Book]. Secret. Drafted by Saunders on September 9. For Vance’s discussion of the drafting process for this document, see Hard Choices, p. 220.
2. For the full text of United Nations Security Council Resolution 338, adopted unanimously on October 22, 1973, see The Quest for Peace, p. 40.
3. See footnote 6, Document 24.
4. In the left-hand margin adjacent to this sentence, Vance wrote “promptly.”
5. In the left-hand margin adjacent to this clause, Vance wrote “from Sinai.”
6. A blank half-page follows this phrase. At the bottom of the page, a typewritten notation reads “. . . more.”
7. In the left-hand margin adjacent to this sentence, Vance wrote “full autonomy.”
8. In the left-hand margin adjacent to this sentence, Vance wrote “X.”
9. In the left-hand margin adjacent to this sentence, Vance highlighted the sentence and wrote “?”
10. Vance put brackets around the phrase “During these negotiations,” underlined “these negotiations,” and placed a checkmark in the left-hand margin adjacent to the sentence.