Functions and powers of the mixed armistice commissions – UNCCP working paper

UNITED NATIONS CONCILIATION COMMISSION FOR PALESTINE

FUNCTIONS AND POWERS OF THE MIXED ARMISTICE COMMISSIONS

(Working Paper prepared by the Secretariat)

1. In each of the four Armistice Agreements between Israel, on the one hand, and Egypt, Lebanon, the Hashemite Jordan Kingdom and, Syria on the other, a general definition has been given of the functions and powers of the Mixed Armistice Commission established under the Agreement. This definition, which is almost identical in all four cases, is found in Art. VII, paras 1,7 and 8 of the Agreements with Lebanon and Syria, in Art. XI, paras 1,7 and 8 of the Agreement with the Hashemite Jordan Kingdom , and, in Art. X, paras, 1,7 and 8 of the Agreement with Egypt.

2. Art. X, paras 1, 7 and 8 of the Armistice Agreement between Israel and Egypt read as follows:

"ARTICLE X

1. The execution of the provision of this Agreement shall be supervised by a Mixed Armistice Commission composed of seven members of whom each party to this Agreement shall designate three, and whose chairman shall be the United Nations Chief of Staff of the Truce Supervision Organization or a senior officer from the observer personnel of that Organization designated by him following, consultation with both parties to this Agreement.

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7. Claims or complaints presented by either party relating to the application of this agreement shall be referred immediately to the Mixed Armistice Commission through its chairman. The Commission shall take such action on all such claims or complaints by means of its observer and investigations machinery as it may deem appropriate, with a view to equitable and mutually satisfactory settlement.

8. Where interpretation of the meaning of a particular provision of this agreement is at issue, the Commission's interpretation shall prevail, subject to the right of appeal as provided in paragraph 4. The Commission, in its discretion and as the need arises, may from time to time recommend to the parties modifications in the provisions of this agreement."

3. It will thus be seen that the primary function of the Egyptian-Israeli Mixed Armistice Commission is to supervise the execution of the provisions of the Armistice Agreement and to consider and take action with respect to claims or complaints relating to the application of the Agreement. But in addition it is provided that the Commission shall not only in general be empowered to interpret the provisions of the Agreement but also be authorized to recommend, in its discretion and as the need arises, modifications in these provisions. This would seem particularly important with respect to Art. V, Para 4 of the Agreement which provides that rules and regulations of the Parties which prohibit civilians from crossing the fighting lines or entering the area between the lines shall remain in effect after the signing of the Agreement with application to the Armistice demarcation line defined in Art VI. As an identical provision is found in all four Armistice agreements, it follows that all questions of modifying the existing rules with respect to movements of civilians across the lines, whether for the purpose of cultivating land or for other purposes, are strictly within the competence of the Mixed Armistice Commissions.

4. The wide powers thus assigned by the Armistice Agreements to the Mixed Armistice Commissions are, however, not of an exclusive character so as to prevent the Conciliation Commission from taking action with respect to any matter coming under the broad terms of the resolution of the General Assembly of 11 December 1948. It will be recalled that by paragraph 6 of the resolution the Commission is instructed to take steps to assist the Governments and authorities concerned to achieve a final settlement of all questions outstanding between them. In view of this double jurisdiction it would be most desirable in each individual case to secure co-ordination between the efforts of the particular Mixed Armistice Commission, on the one hand, and the Conciliation Commission, on the other hand.

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