PROTOCOL CONCERNING LEGAL MATTERS
- The criminal jurisdiction of the Palestinian Authority covers all
offenses committed in the areas under its territorial jurisdiction
(hereinafter, for the purposes of this Annex, "the Territory") subject to
the provisions of this Article.
- Israel has sole criminal jurisdiction over the following offenses:
- offenses committed in the Settlements and the Military
Installation Area subject to the provisions of this Annex; and
- offenses committed in the Territory by Israelis.
- In exercising their criminal jurisdiction, each side shall have the
power, inter alia, to investigate, arrest, bring to trial and punish
- In addition, and without derogating from the territorial jurisdiction of
the Palestinian Authority, Israel has the power to arrest and to keep in
custody individuals suspected of having committed offenses which fall within
Israeli criminal jurisdiction as noted in paragraphs 2 and 7 of this
Article, who are present in the Territory, in the following cases:
- The individual is an Israeli, in accordance with Article II
of this Annex; or
- The individual is a non-Israeli suspected of having just
committed an offense in a place where Israeli authorities exercise their
security functions in accordance with Annex I, and is arrested in the
vicinity in which the offense was committed. The arrest shall be with a view
to transferring the suspect, together with all evidence, to the Palestinian
Police at the earliest opportunity.
- In the event that such an individual is suspected of having committed an
offense against Israel or Israelis, and there is a need for further legal
proceedings with respect to that individual, Israel may retain him or her in
custody and the question of the appropriate forum for prosecuting such a
suspect shall be dealt with by the Legal Committee on a case-by-case
- In the case of an offense committed in the Territory by a non-Israeli
against Israel or an Israeli, the Palestinian Authority shall take measures
to investigate and prosecute the case, and shall report to Israel on the
result of the investigation and any legal proceedings.
- Tourists in transit to or from Israel through the Gaza
Strip or the Jericho Area, who are present on the Lateral Roads or on the
main North-South road crossing the Jericho Area (Route No. 90), may be
arrested and questioned only by the Israeli authorities which shall notify
the Palestinian Authority. Where the Israeli authorities conclude that an
offense under the prevailing law has been committed, and that further legal
proceedings in respect of the tourist are required, such proceedings shall
be taken by the Palestinian Authority.
- Where such a tourist present outside these areas is detained or arrested
by the Palestinian Authority, it shall notify the Israeli authorities
immediately and shall enable them at the earliest opportunity to meet the
detainee and to provide any necessary assistance, including consular
notification, requested by the detainee.
- Nothing in this Article shall derogate from Israel's criminal
jurisdiction in accordance with its domestic laws over offenses committed
outside Israel (including in the Territory) against Israel or an Israeli
with due regard to the principle that no person can be tried twice for the
same offense. The exercise of such jurisdiction shall be subject to the
provisions of this Annex and without prejudice to the criminal jurisdiction
of the Palestinian Authority.
Legal Assistance in Criminal Matters
- Israel and the Palestinian Authority shall cooperate and
provide each other with legal assistance in criminal matters. Such
cooperation shall include the arrangements detailed in this Article.
- For the purpose of this Article, "Israeli military forces" may include
Israel Police and other Israeli security forces.
- Documents served by one Party in the territory under the responsibility
of the other, shall be accompanied by a certified translation into the
official language of the other Party.
- Cooperation in Criminal Matters
- The Israel Police and the Palestinian Police shall cooperate
in the conduct of investigations. Subject to detailed arrangements to be
agreed upon, such cooperation shall include the exchange of information,
records and fingerprints of criminal suspects, vehicle ownership
registration records, etc.
- Where an offense is committed in the Territory by an Israeli acting
jointly with an individual under Palestinian personal jurisdiction, the
Israeli military forces and the Palestinian Police will cooperate in
conducting an investigation.
- The Palestinian authorities shall not arrest or detain Israelis or place
them in custody. Israelis can identify themselves by presenting Israeli
However, where an Israeli commits a crime against a person or property in
the Territory the Palestinian Police upon arrival at the scene of the
offense shall immediately notify the Israeli authorities through the
relevant DCO. Until the arrival of the Israeli military forces the
Palestinian Police may, if necessary, detain the suspect in place while
ensuring his protection and the protection of all those involved and shall
prevent interference with the scene of the offense, collect the necessary
evidence and conduct preliminary questioning.
- Without derogating from the jurisdiction of the Palestinian Authority
over property located or transported within the Territory, where the
property is being transported or carried by an Israeli, the following
procedure shall apply: The Palestinian authorities have the power to take
any measures necessary in relation to Israeli vehicles or personal
belongings where such vehicle or belongings have been used in commission of
a crime and present an immediate danger to public safety or health. When
such measures are taken the Palestinian authorities shall immediately notify
the Israeli authorities through the relevant DCO, and shall continue to take
the necessary measures until their arrival.
- When an Israeli is suspected of committing an offense and
is present in the Territory, the Israeli military forces shall be able to
arrest, search and detain the suspect as required, in the presence of and
with the assistance of the Palestinian Police.
- When an Israeli commits an offense and is present in the Yellow Areas or
on the Lateral Roads and their adjacent sides as defined in Annex I, the
Israeli military forces may, without derogating from the territorial
jurisdiction of the Palestinian Authority, arrest, search and detain the
offender and shall notify the Palestinian Police immediately, provide it
with all necessary information, and coordinate wherever possible.
- When an offense is committed inside a Settlement, and all those involved
are Palestinians of the Gaza Strip or the Jericho Area or their visitors,
the Israeli military forces shall notify the Palestinian Police immediately
and shall hand over the offender and the collected evidence to the
Palestinian Police unless the offense is security-related.
- Restraining Orders
Each side shall execute orders issued by the competent organ of the other
side restraining a person under the jurisdiction of that side from
- Summons and Questioning of Witnesses
- Where the statement of a witness who is an Israeli or other
person present in Israel is required for a Palestinian investigation, the
statement shall be taken by the Israel Police in the presence of a
Palestinian Police officer in an Israeli facility at an agreed location.
- Where the statement of a non-Israeli witness present in the Territory is
required for an Israeli investigation, the statement shall be taken by the
Palestinian Police in the presence of an Israeli police officer in a
Palestinian facility at an agreed location.
- In exceptional cases, each side may take a statement requested by the
other side itself, without the presence of the requesting side.
- Transfer of Suspects and Defendants
- There a non-Israeli suspected of, charged with or convicted
of an offense that falls within Palestinian criminal jurisdiction is present
in Israel, the Palestinian Authority may request Israel to arrest and
transfer the individual to the Palestinian Authority.
- Where an individual suspected of, charged with or convicted of an
offense that falls within Israeli criminal jurisdiction is present in the
Territory, Israel may request the Palestinian Authority to arrest and
transfer the individual to Israel.
- Requests under subparagraphs a. and b. above shall specify the grounds
for the request and shall be supported by an arrest warrant issued by a
- Where the request is for the transfer of a suspect who is not a
Palestinian requested by the Palestinian Authority:
- the arrest warrant shall only be issued pursuant to an application
made by or on behalf of the Attorney-General, confirming that there is
reasonable evidentiary basis that the offense was committed by the suspect;
- the offense must be punishable by not less than 7 years' imprisonment
under the law of the requesting side.
- Individuals suspected of offenses punishable by less than 7
years' imprisonment shall be interrogated by the investigating side in a
facility of the other side or at an agreed location.
- Interrogation shall take place in the presence of a police officer of
the other side.
- Upon the request of the investigating side the other side may detain the
suspect in custody pending and during the questioning.
- Where the presence of the suspect is required for an objective reason
such as confronting witnesses and identification of site, the suspect shall
be transferred for that purpose only.
- Both sides, upon receipt of a request in accordance with this
Article, shall effect the arrest and transfer requested.
- If the individual requested is detained in custody or is serving a
prison sentence, the side receiving the request may delay the transfer to
the requesting side for the duration of the detention or
- No person shall be transferred in respect of an offense punishable by
capital punishment unless the requesting side undertakes that capital
punishment shall not be imposed in the case.
- Both sides shall take all necessary measures to ensure that the
treatment of individuals transferred under this Article complies with the
applicable legal arrangements in Israel and in the Territory and with
internationally-accepted norms of human rights regarding criminal
- Suspects transferred under this paragraph shall have the right to be
assisted during the investigation period by an advocate of their own
- Each side may, upon the request of the other side, detain, for no more
than seven days, an individual in respect of whom a request for arrest and
transfer is to be made, pending the submission of such a request.
- The transfer of foreigners by Israel to the Palestinian Authority under
this Article shall be subject to the applicable conventions to which Israel
is a party and in coordination with the foreigner's state of origin.
- Both sides may agree that an individual convicted in the courts of one
side shall serve his sentence in a prison of the other side, subject to
arrangements and conditions to be agreed between the sides.
- Assistance in the Execution of Court Orders for the Purposes of
- Israel and the Palestinian Authority shall execute orders
issued by each others' courts for the purposes of investigations (e.g.,
search warrants, orders for the production of documents and seizure orders),
subject to the provisions of local law.
- Where, for the purposes of an investigation, Israel or the Palestinian
Authority requires that tests or examinations (such as fingerprinting or
blood analysis) be effected in relation to an item situated in territory
under the responsibility of the other side, that side shall effect the tests
or examinations required and transfer the results to the side conducting the
investigation. Where these results are not sufficient for the purposes of
the investigation, arrangements shall be made for the transfer of the item
to the side conducting the investigation.
- Legal Assistance in the Conduct of Judicial Proceedings
- Summons and subpoenas issued by an Israeli court in respect
of defendants and witnesses present in the Territory, shall be effected
through the Palestinian Authority which shall be responsible for the service
of summons, and the execution of subpoenas by the Palestinian Police.
Subpoenas issued in respect of an Israeli defendant or witness shall be
executed by the Israeli military forces in the presence of and with the
assistance of the Palestinian Police.
- Summons or subpoenas issued by a Palestinian court in respect of
defendants and witnesses present in Israel shall be effected through the
Israel Police who shall be responsible for the service of summons and the
execution of subpoenas.
- Where the evidence of an Israeli witness is required in connection with
proceedings conducted by a Palestinian court, the evidence of the witness
shall be taken at a Palestinian court situated at an agreed location close
to one of the crossing points, and the witness shall be accompanied by
representatives of the Israeli military forces together with the Palestinian
- Where the evidence of a witness is required in connection with
proceedings conducted by a court of one side, such a request will be
notified to the authorities of the other side to summon the
- The Palestinian courts and judicial authorities have jurisdiction in
all civil matters, subject to this Agreement.
- Israelis conducting commercial activity in the Territory are subject to
the prevailing civil law in the Territory relating to that activity.
Nevertheless, any enforcement of judicial and administrative judgments and
orders issued against Israelis and their property shall be effected by
Israel. Israel undertakes to execute such judgments and orders within a
- The Palestinian courts and judicial authorities have no jurisdiction
over civil actions in which an Israeli is a party, except for the following
- the subject matter of the action is an ongoing Israeli
business situated in the Territory (the registration of an Israeli company
as a foreign company in the Territory being evidence of the fact that it has
an ongoing business situated in the Territory);
- the subject matter of the action is real property located in the
- the Israeli party is a defendant in the action and has consented to such
jurisdiction by notice in writing to the Palestinian court or judicial
- the Israeli party is a defendant in an action the subject matter of
which is a written agreement, and the Israeli party has consented to such
jurisdiction by a specific provision in this agreement;
- the Israeli party is a plaintiff who has filed an action in the
Territory. If the defendant in the action is an Israeli, his consent to such
jurisdiction in accordance with subparagraphs c. or d. above shall be
- actions concerning other matters as agreed between the Parties.
- The jurisdiction of the Palestinian courts and judicial authorities does
not cover actions against the State of Israel including its statutory
entities, organs and agents.
Legal Assistance in Civil Matters
- Service of Legal Documents Israel and the Palestinian Authority will
be responsible, in the areas under their respective territorial
responsibility, for the service of legal documents, including subpoenas,
issued by the judicial organs under the responsibility of the other
- Interim Orders
- Interim orders (e.g., temporary orders of attachment, the
appointment of a receiver, restraining orders) issued by judicial organs
under the responsibility of either Party will not have effect in the areas
under the territorial responsibility of the other Party.
- Judicial organs under the responsibility of both Parties will be
authorized to issue interim orders which shall apply in the areas under
their territorial responsibility, even in cases in which the primary action
was filed with the judicial organs under the responsibility of the other
- The judicial organs of each side may issue orders restraining an
individual from travelling abroad when the order relates to a matter being
tried by that organ, subject to the relevant provisions of the domestic
- Taking of evidence
Israel and the Palestinian Authority will make arrangements for taking
evidence from witnesses, when necessary, within the areas under their
territorial responsibility, when such evidence is sought in connection with
proceedings conducted by the judicial organs under the responsibility of the
- Enforcement of judgements
- Israel and the Palestinian Authority will enforce judgements
rendered by the judicial organs under the responsibility of the other Party,
provided that the judicial organ concerned had the jurisdiction to render
the judgement and further provided that the enforcement is not contrary to
public policy. The execution office under the responsibility of Israel and
the Palestinian Authority shall execute such judgements as if rendered by
their own judicial organs.
- In executing any judgement against Israelis the Palestinian execution
offices will be authorized to issue orders (e.g., attachments, receivership,
eviction) against Israeli property within the Territory.
- Orders against the freedom of Israelis (e.g., imprisonment orders,
restraining orders) shall only be issued by Israeli execution offices.
- All orders issued by execution offices against Israelis or Israeli
property within the Territory will be executed by the Israel Police with the
assistance of the Palestinian Authority, or where the Israel Police notifies
the Palestinian Authority that it has no objection, by the Palestinian