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

95. Telegram From the Department of State to the Consulate General in Jerusalem and the Embassies in Egypt and Israel¹

Washington, October 20, 1978, 1851Z

265927. Jerusalem for Saunders. Subject: U.S. Revision of Draft Treaty Text. Ref: State 265774.²

1. Our October 19 revision of draft treaty text (described in reftel para 4) follows:

Article I

Termination of State of War and Establishment of Peace

—1. 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.

—2. 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–A and I–B), and thereafter Egypt will exercise its full sovereignty over the Sinai.

—3. After completion of the interim withdrawal provided for in Annex I–A, the parties will establish normal and friendly relations, in accordance with Article III.

Article II

Inviolability of Boundary

—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 status of the Gaza Strip. The parties regard this boundary as inviolable. Each will respect the territorial integrity of the other, including their territorial waters and airspace.

Article III

Future Relations

—1. 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:

—A. They recognize and will respect each other’s sovereignty, territorial integrity and political independence:

—B. They recognize and will respect each other’s right to live in peace within their secure and recognized boundaries:

—C. 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.

—2. 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, assisting or participating in acts of billigerency, hostility, international terrorism or violence against the other party, anywhere, and undertakes to ensure that perpetrators of such acts are brought to justice.

—3. 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 annexes protocol (Annex III).

Article IV

Security Arrangements

—1. In order to provide maximum security for both parties on the basis of reciprocity, agreed security arrangements will be established, described in detail as to nature and timing in Annex I–C, including limited force zones in Egyptian and Israeli territory, United Nations forces and observers, and other security arrangements.

—2. 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.

—3. A joint commission will be established to facilitate the implementation of the treaty, as provided for in Annex I.

Article V

Freedom of Navigation

—1. 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.

—2. 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 and undertake to respect each other’s right to such navigation and overflight.

Article VI

Priority of Obligations

—1. Each party ensures to and agrees with the other, in recognition of the parties’ commitments to each other in this treaty, that there will be no conflict between its obligations under this treaty and any of its other obligations, including those under any other international agreement, whenever made. Each party also assures the other that it will respect its obligations under the United Nations Charter in its dealings with all states.

—2. The parties undertake to fulfill in good faith their obligations under the present treaty.

—3. 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 depositories of such conventions.

—4. 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.

Article VII

Dispute Settlement

—1. Disputes arising out of the application or interpretation of this treaty shall be resolved by diplomatic negotiations.

—2. Any such disputes which cannot be settled by negotiations shall be submitted to an arbitration commission at the request of either government. This commission shall be composed of five members: two of each party and the fifth to be selected by them.

Article VIII

Settlement of Financial Claims

—The parties agree to establish a claims commission for the mutual settlement of all financial claims.

Article IX

Final Clauses

—1. This treaty shall enter into force upon exchange of instruments of ratification.

—2. This treaty supersedes the agreement between Egypt and Israel of September, 1975.

—3. All protocols, annexes, and maps attached to this treaty shall be regarded as an integral part hereof.

—4. 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.

Done at (blank) this day (blank) of 1978, in duplicate in the Arabic, English and Hebrew languages, each text being equally authentic. In case of any divergence of interpretation, the English text shall prevail. End text.

2. Texts of preamble, annexes, and possible exchange of letters are being negotiated and will be provided when ready.

Newsom

1. Source: Carter Library, National Security Affairs, Brzezinski Material, Country File, Box 55, Middle East: Peace Talks Between Egypt and Israel, 10/19–31/78. Secret; Cherokee; Immediate; Nodis. Printed from a copy that indicates the original was received in the White House Situation Room. Drafted by Marthinsen; cleared in S/S; approved by Sterner. (National Archives, RG 59, Central Foreign Policy File, P840139–2063)
2. See Document 94.