Early Empowerment: The Burden Not the Responsibility

Abstract

On 24 August 1994, almost a year after the historic Declaration of Principles (DOP) was concluded in Oslo, Israel and the PLO signed a fourth major agreement in the Madrid/Oslo process: the Preparatory Transfer of Powers and Responsibilities in the West Bank. Also known as the early it follows the limited self-rule extended to Gaza andJericho by the Cairo Agreement of 4 May 1994. It also makes clear the shape of the powers to be extended to the Palestinians pending the determination of the final status arrangements. Whereas Israel under the Gaza-Jericho transfer of 4 May had retained control of external security and ultimately of internal security, under early empowerment it retains control over all types of security and keeps all responsibility for public order. Under the new agreement, the Palestine National Authority (PNA) does not have any police functions or powers relating to criminal matters (such as investigation, or any type of law enforcement or adjudication) in any of the spheres affected by the agreement. Israel's de facto sovereignty is protected by numerous provisions, which relegate the PNA to a mere functionary apparatus, existing and