Article III 2 of the Peace Treaty Between Israel and Egypt of March 26, 1979 obligates Egypt "to refrain from ... assisting...in acts or threats of belligerency, hostility, subversion or violence against the other Party, anywhere, and undertakes to ensure that perpetrators of such acts are brought to justice."
The smuggling of weapons into the Gaza Strip constitutes such "assisting" and Egypt is thus obligated under the treaty to prevent such smuggling and to bring the smugglers "to justice."
With the Egyptian decision to permanently open the Rafah Border Terminal that links Gaza with Egypt without the presence of international observers, it is appropriate to consider what are Egypt's treaty obligations with Israel relating to the smuggling of weapons into the Gaza Strip that may be used against the Jewish State.
Article III 2 of the Peace Treaty Between Israel and Egypt of March 26, 1979 obligates Egypt "to refrain from ... assisting...in acts or threats of belligerency, hostility, subversion or violence against the other Party, anywhere, and undertakes to ensure that perpetrators of such acts are brought to justice."
The smuggling of weapons into the Gaza Strip constitutes such "assisting" and Egypt is thus obligated under the treaty to prevent such smuggling and to bring the smugglers "to justice."
It should be noted that while observers were to insure that the agreement is honored, a memorandum between the US and Israel commits the US to support Israel in the case that Egypt violates the treaty.
Excerpts appear below.
The complete texts are available on www.mfa.gov.il
PEACE TREATY BETWEEN ISRAEL AND EGYPT
...Article III 2. Each Party undertakes to ensure that acts or threats of belligerency, hostility, or violence do not originate from and are not committed from within its territory, or by any forces subject to its control or by any other forces stationed on its territory, against the population, citizens or property of the other Party. Each Party also undertakes to refrain from organizing, instigating, inciting, assisting or participating in acts or threats of belligerency, hostility, subversion or violence against the other Party, anywhere, and undertakes to ensure that perpetrators of such acts are brought to justice.
Annex I Protocol Concerning Israeli Withdrawal and Security Agreements
Article II 1. Access across the international boundary shall only be permitted through entry check points designated by each Party and under its control. Such access shall be in accordance with laws and regulations of each country.
Annex I Article VI 1. The Parties will request the United Nations to provide forces and observers to supervise the implementation of this Annex and employ their best efforts to prevent any violation of its terms.
Memorandum of Agreement between the Governments of the United States of America and the State of Israel March 26, 1979
3. The United States will provide support it deems appropriate for proper actions taken by Israel in response to such demonstrated violations of the Treaty of Peace.
Dr. Aaron Lerner, Director IMRA (Independent Media Review & Analysis) (Mail POB 982 Kfar Sava) Tel 972-9-7604719/Fax 972-3-7255730