Transitional nature and final aim of Egyptian-Israeli and Israeli-Lebanese Armistice Agreements – UNCCP working paper

UNITED NATIONS CONCILIATION COMMISSION FOR PALESTINE

Transitional nature and final aim of the

Egyptian Israeli and Israeli-Lebanese

Armistice Agreements

(Note prepared by the Secretariat)

The transitional nature of the Egyptian-Israeli and the Israeli-Lebanese armistice Agreements and the final aim of these Agreements are not only the result of general considerations but also follow clearly from the Security Council resolution of 16 November 1948, as well as from the actual text of the Agreements.

I. SECURITY COUNCIL RESOLUTION OF
16 NOVEMBER 1948

The Security Council, by its resolution of 16 November 1948, called upon the parties involved to negotiate an armistice as a further provisional measure under Article 40 of the Charter. At the same time the Council indicated the nature of the armistice to be concluded. Paragraph 4 of the resolution defined as follows the aim of such an armistice:

“THE SECURITY COUNCIL

…..

…..

DECIDES that, in order to eliminate the threat to the peace in Palestine and to facilitate the transition from the present Truce to permanent peace in Palestine, an armistice shall be established in all sectors of Palestine;”

Furthermore, paragraph 5 b) of the resolution of the Council provided that the armistice should include:

“ … such withdrawal and reduction of their armed forces as will ensure the maintenance of the armistice during the transition to permanent peace in Palestine.*

II. EGYPTIAN-ISRAELI GENERAL ARMISTICE

AGREEMENT OF 24 FEBRUARY 1948

The Egyptian-Israeli Armistice Agreement reproduces first of all in its Preamble the text of paragraph 4 of the Security Council resolution of 16 November 1948 (see I above), indicating that the parties have responded to the aforementioned resolution calling upon them to negotiate an armistice:

“… as a further provisional measure under Article 40 of the Charter of the United Nations and in order to facilitate the transition from the •resent truce to permanent peace in Palestine..”*

Furthermore, the same principle has been explicitly recognized at the beginning and the end of Article I of the Agreement, which Article begins with the following words:

“With a view to promoting the return of permanent peace in Palestine…”*

and finishes by stating that:

“4. The establishment of an armistice by armed forces of the two parties is accepted as an indispensable step toward the liquidation of armed conflict and the restoration of peace in Palestine.”*

Paragraph 4 of the Security Council resolution reappears in Article XII (paragraph 2) of the Agreement, providing that this Agreement has been negotiated and concluded in pursuance of the resolution of the Security Council of 16 November 1948, calling for:

“… the establishment of an armistice in order to eliminate the threat to the peace in Palestine and to facilitate the transition from the present truce to permanent peace in Palestine…”* finally, reference might perhaps be made to Articles V (paragraph 2) and XI, according to which the demarcation line delineated by the Agreement, as well as the provisions of the Agreement, shall not in any way prejudice the rights, claims and positions of either party “in the ultimate peaceful settlement of the Palestine question.”*

III. ISRAELI-LEBANESE GENERAL ARMISTICE

AGREEMENT OF 23 MARCH 1949

With respect to the Israeli-Lebanese Armistice Agreement, it should be noted that the provisions regarding the nature of the armistice are identical with those of the Egyptian-Israeli Armistice Agreement. In fact the provisions mentioned above under II will be found again, with slight changes in the wording, in the Preamble and in Articles I (beginning and end), II (paragraph 2) and VIII paragraph 2) of the text of the Israeli-Lebanese Agreement.

Endnote

* Underlined here