the Oslo Accords, Israel has a legal duty to protect the Palestinian inhabitants
of the oPt, including ensuring access to adequate services.
The Oslo Accords include numerous provisions regarding the use of and
access to natural resources, as well as the provision of services connected to
these natural resources. Annex III, Protocol on Israeli-Palestinian Cooperation
in Economic and Development Programs, and Annex IV, Protocol on IsraeliPalestinian Cooperation Concerning Regional Development Programs, of the
1993 Oslo Accords addresses cooperation in the fields of water, electricity,
energy, finance, transport and communication, and the creation of an
economic development program. Annex IV, moreover, cites the establishment
of a joint Israeli-Palestinian-Jordanian Plan for coordinated exploitation
of the Dead Sea area, water development projects, interconnection of
electricity grids, and the regional cooperation for the transfer, distribution
and industrial extraction of gas, oil and other energy resources. Article XIV of
Annex I regulates the security along the coastline to the Sea of Gaza, which
includes the division of the sea off the coast of the Gaza Strip into three
Maritime Activity Zones.
Annex III of the 1995 Oslo Accords includes additional provisions on electricity,
environmental protection, fisheries, forests, gas, fuel and petroleum, quarries
and mines, and water and sewage. Most provisions include the gradual transfer
of powers and responsibilities “to Palestinian jurisdiction that will cover West
Bank and Gaza Strip territory.” Besides this gradual transfer not taking place,
and therefore, making many of these provisions obsolete, the Accords include
provisions that directly contradict international law. For example, Article
12(B)(3) of Annex III of the 1995 Oslo Accords establishes that, “Both sides
will strive to utilize and exploit the natural resources, pursuant to their own
environmental and developmental policies.” This regulation contradicts the
aforementioned IHL provision establishing the prohibition on the Occupying
Power to exploit the natural resources of occupied territory for its own
benefit or the benefit of its own civilian population in such territory. This and
other provisions found in both the Oslo I and II Accords put into question
the current validity of these provisions, especially in light of the temporary
nature of the Accords.
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