The Fundamental Breach by the Palestinians of the Oslo Accords – Alan Baker
(dailyalert.org, Jan. 5, 2015)
Israel and the Palestinians agreed in the Oslo Accords not to initiate or take any steps that will change the status of the territories pending the outcome of the permanent status negotiations. Yasser Arafat, in his September 9, 1993, letter to Yitzhak Rabin, declared that “all outstanding issues relating to permanent status will be resolved through negotiations.”
By petitioning the UN, the International Criminal Court, and international organizations to recognize them and accept them as a full member state, the Palestinians have knowingly and deliberately bypassed their contractual obligations pursuant to the Oslo Accords in an attempt to prejudge the main negotiating issues outside the negotiation.
This, together with their attempts to delegitimize Israel among the international community, has served to frustrate any possibility of realization of the Oslo Accords, and as such the Palestinians are in material breach of their contractual obligations. By the same token those countries supporting them are in breach of their obligations and guarantees as witnesses.
In such a situation of fundamental breach and according to all accepted rules of contracts and agreements, Israel has the legitimate right to declare that the Oslo Accords are no longer valid and to act unilaterally in order to protect its essential legal and security interests.
Amb. Alan Baker, former legal adviser and deputy director-general of Israel’s Ministry of Foreign Affairs, participated in the negotiation and drafting of the Oslo Accords with the Palestinians. (Jerusalem Center for Public Affairs)