16 No. 75 JUSTICE effect, as have several scholars who have addressed the question.44 Furthermore, in practice, both the Israeli and the Palestinian authorities continue to comply with key principles set out in the Oslo Accords (the division of the West Bank into three zones, each with unique powers and jurisdictions for each side; the division of water resources; and many others). 30. The Interim Agreement states that the Oslo process was “irreversible.”45 It follows that, notwithstanding that the Interim Agreement states that the lifetime of the Palestinian Council shall “not exceed… five years from the signing of the Gaza-Jericho Agreement on May 4, 1994”,46 which was to end at the latest on 13 April 1999,47 as a matter of international law, international acceptance and the parties’ own actions, its provisions continue to govern relations between Israeli and Palestinian authorities. Conclusion 31. In summary, the Oslo Accords are binding bilateral agreements which were entered into by Israel and the official representatives of the Palestinian people, to serve as an irreversible mechanism for reaching a compromise solution acceptable to both parties, within the framework of the internationally recognised formula for resolving the regional dispute. This is reflected by the widespread and continuing acceptance of the validity of the agreements by organs of the international community, and in particular statements that they reflect both the parties’ and the international community’s enduring commitment to mutual recognition, freedom from violence, incitement, and terror, and the two State solution.48 32. The foregoing analysis with respect to the international and bilateral framework for the resolution of the conflict has a major implication on the scope of what is requested from the Court. Indeed, to the extent that the General Assembly’s request for an advisory opinion would be an attempt to involve the Court in a proceeding, one of the purposes of which is to by-pass the international “land for peace” formula set out in UN Security Council Resolutions 242 and 338, and to invalidate the bilateral Oslo Accords (for which the relevant leaders all received the Nobel Peace Prize) and their legal consequences, the Court should decline from entering any findings that would have as an effect to unwind a legal framework for peace which has, repeatedly, been endorsed by the Security Council and the parties themselves. 33. The foregoing discussion is also of consequence with respect to the contention that Israel’s continuing exercise of certain powers and responsibilities in the West Bank might be characterised as “illegal.” The international and bilateral framework for the resolution of the conflict, on the contrary, establishes a legal basis for such exercise. This legal basis further provides a point of distinction between Israel’s continuing presence in the territory, and the illegality underpinning South Africa’s continuing presence in Namibia following the termination of its 44. P. Malanczuk, ‘Some Basic Aspects of the Agreements Between Israel and the PLO from the Perspective of International Law’ in 7 European Journal of International Law 485 (1996); J. Quigley, ‘The Israel-PLO Interim Agreements: Are They Treaties?’ in 30 Cornell International Law Journal 717 (1997); E. Mendes, ‘Statehood and Palestine for the purposes of Article 12(3) of the ICC Statute: a contrary perspective’ (30 March 2010), p. 23; C. Bell, ‘Peace Agreements: Their Nature and Legal Status’ in 100 American Journal of International Law 373 (2006); K. N. Calvo-Goller, ‘L’Accord du 13 septembre 1993 entre Israël et l’O.L.P.: le régime d’autonomie prévu par la Déclaration Israël/O.L.P.’ in 39 Annuaire Français de Droit International 435 (1993); M. Benchikh, ‘L’accord intérimaire israélo-palestinien sur la Cisjordanie et la bande de Gaza du 28 septembre 1995’ in 41 Annuaire Français de Droit International 7 (1995). 45. Interim Agreement, Preamble, para. 4. 46. Interim Agreement, Article III(4). 47. See Benvenisti – Forum, p. 547. 48. Security Council Resolution 1850, pp. 1-2.
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