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39 Isr. L. Rev. 229 (2006)
Treaty-Making Power: Approval the Israel-Egypt Philadelphia Accord by the Knesset

handle is hein.journals/israel39 and id is 647 raw text is: TREATY-MAKING POWER:
Moshe Hirsch*
The controversy regarding the need to present the recent Israel-Egypt Agreed
Arrangements Regarding the Deployment of a Designated Force of Border Guards
Along the Border in the Rafah Area (Philadelphi Accord) to the Knesset approval
brought to the fore several interesting questions regarding treaty-making power under
the Israeli law. The Philadelphi route is a fourteen kilometer strip running along
the border between Egypt and the Gaza Strip, from the Mediterranean Sea coastline
to the point opposite Kerem Shalom (the Northern border crossing between Israel
and Egypt). Following Israel's decision to withdraw its forces from Gaza Strip (the
Disengagement Plan),' Israeli officials were concerned that Palestinians would
smuggle in weapons from neighboring Egypt to Palestinian terrorists. While under the
original Disengagement Plan Israeli forces were to be deployed along the Philadelphi
route,2 the Israeli's interest to free itself of the responsibility for the Gaza Strip led it
to conclude the Philadelphi Accord with Egypt.'
Under the Philadelphi Accord, Egypt was authorized to deploy 750 border
guards opposite the Philadelphi route to patrol the border on its side, and prevent
arms smuggling from Sinai (Egypt) to the Gaza Strip, infiltration and other criminal
Arnold Brecht Chair in European Law, Faculty of Law and Department of International Relations,
the Hebrew University of Jerusalem. Thanks to Ruth Lapidoth who contributed valuable comments
on earlier draft and to Yehuda Herbest for excellent research assistance.
See The Cabinet Resolution Regarding the Disengagement Plan, 6 June 2004, available at http:/!
www.mfa.gov.il/MFA/Peace+Process/Reference+Documents /Revised+Disengagement+Plan+6-
June-2004.htm (last visited September 9, 2006).
2 Article 3.1 of the Disengagement Plan provides that the State of Israel will evacuate the Gaza
Strip, including all existing Israeli towns and villages, and will redeploy outside the Strip. This
will not include military deployment in the area of the border between the Gaza Strip and Egypt
('the Philadelphi Route') as detailed below.
3 See, e.g., Aluf Benn, Egypt, Israel Nearing Deal on Philadelphi Troop Deployment, HAARETZ,
July 4, 2005 4/7/2005, available at http:/-/vAw.haaretz.com/haseniobjects/pages/Print ArticleEn.
jhtml?itemNo=595316 (last visited September 9, 2006).

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