Linking the Gaza Strip with the West Bank: - Jerusalem Center For ...

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According to a paper prepared by the World BankTechnical Team in September 2005, convoys operatedprior to the second Intifada. Security concerns followingthe outbreak of the Intifada caused this unfetteredmovement to be terminated. The probability of a futurePalestinian State and the demand for territorial contiguitysuggest that such passage will be re-established in thefuture. The re-establishment of such passage shouldtake the form of a bilateral agreement that addressesIsrael’s security concerns. The negotiation of such anagreement will likely take time given the array of issuesthe agreement must necessarily address. 159Before any safe passage can begin operating, however,an agreement must establish basic conditions forcross-border movement. These include driver licenserequirements, an approach to the certification of vehicles,a manner in which to determine who will be liable fortaxes and duties on the cargo transported, the location ofthe crossing points that the driver may use, and the routesavailable to the vehicle within Israel. The agreement mustfurther list those goods that cannot be moved in transit,including weapons and other dangerous objects. 160Although there appears to be tension between requiredsecurity standards on the Israeli side and the freemovement of Palestinian goods and passengers, certainkey elements to any form of passage will satisfy Israel’ssecurity requirements and simultaneously ensurethe commercial viability of the passage. For example,with regard to the transfer of goods, there could bea separation of cargo by types, a layered inspectionstrategy, advance information concerning cargo arrivingat the crossing points, and the use of different channelsor locations for different types of goods. In addition onecould require information concerning the identity of thedriver, the physical characteristics of both the vehicleand the cargo being transported, details concerningpage 28An Israeli man examines the missile damage to his home in the southern Israeli city of Sderot. (AP Press Photo)
ownership of the vehicle and the cargo, and a history ofactivity of the vehicle since its last border crossing. 161At any border crossing the complexity of the inspectionprocess will depend on the nature of the cargo andthe transportation system. With respect to the cargo,the more homogenous the cargo, the less complex theinspection; while the more diverse is the cargo, themore complex and detailed the inspection. As for thetransportation system, should no part of it cross theborder into Israel, then the system will be irrelevant.However, should part of the transportation system crossthe border into Israel, then a complex inspection processwill need to be employed. The inspection process will bemost complex where the cargo, truck, and driver crossthe border into Israel. 162A refusal to allow aperson to make use of thepassages should be basedon transparent criteriaand should be subject toreview. Travelers shouldbe inspected by modernequipment and proceedings. 164Until now, emphasis has been placed on the movementof goods between the Gaza Strip and the West Bank,and the general requirements of any such passage.However, it is not only goods that are to be transferredbetween the two Palestinian Territories.Indeed,passage must also be provided for Palestinian civilians.Given the current security situation, it is not feasiblefor free movement for both civilians and goods to beimplemented simultaneously.Indeed, as suggestedby the World Bank, a phased approach would have tobe implemented. The phased approach would involveconvoys, of which there are three types, which increase insecurity related complexity, through Phase One to PhaseThree. Phase One involves the movement of passengerson sterile buses. Phase Two involves the movement ofPalestinian cargo trucks. Finally, Phase Three involvesthe movement of Palestinian passenger vehicles. Eachphase would provide experience and would allow timeto test the infrastructure, and hopefully build confidencebetween the parties. 163There would be several common factors to all of theseforms of convoys. The convoys will all operate on threeroutes connecting Gaza with the northern, southern andcentral West Bank. The routes should be away frombuilt up areas and areas with heavy traffic. A sufficientnumber of convoys should operate daily, duringdaylight hours, and should operate on fixed, publishedschedules. The number of vehicles per convoy should belimited in accordance with security considerations. Forexample, there should be five buses, fifteen trucks, and25 personal vehicles. The convoys should be organizedand escorted by a private Israeli security firm, and havetheir movement monitored using GPS and radios. Allpersons making use of the convoys require valid identityand security clearance.Initially, passage of civilians could be provided for bysterile convoys using dedicated buses that are eitherspecially designated Israeli buses or designated andpre-checked Palestinian buses parked in Israel.If it is, then the passageshould operate at scheduledtimes and on the basis ofadvanced notice and securityscreening. The driversmust provide informationon both the vehicle and theproposed passengers. Apriority service should beestablished for officials andbusinessmen with frequenttraveler identity cards. 183page 29
Page 2: © 2007 Jerusalem Center for Public
Page 5: Executive SummaryOn March 27, 2007,
Page 10: page 10A masked terrorist of the Al
Page 13 and 14: The United States and its state of
Page 15: Examples of Viable, Non-Contiguous
Page 21 and 22: II. Safe PassageA. Origins of Safe
Page 23 and 24: Israel could, for security or safet
Page 25 and 26: discussed in the Introduction. In l
Page 27: worldwide with many, believing his
Page 31 and 32: The construction of the main sectio
Page 33 and 34: The essence of territorial sovereig
Page 35 and 36: that is accepted by the dominant st
Page 37 and 38: Clearly, while the future Palestini
Page 39 and 40: weapons to Palestinian terrorist gr
Page 41 and 42: that there is a more subtle and mor
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Page 45 and 46: Examples: Viable StatesUnder Intern
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Page 51 and 52: the overrunning and destruction of
Page 53 and 54: Not only is the need for Palestinia
Page 55 and 56: If the Palestinians were to constru
Page 57 and 58: models have been used. All three mo
Page 59 and 60: Law, 69 (1994).105See Malcolm N. Sh
Page 61 and 62: 194Ulrich Fastenrath, Servitudes, 1
Page 63 and 64: 279Available at: http://en.wikipedi

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