Philadelphi Accord
Following Israel's unilateral disengagement from the Gaza Strip in 2005, the Philadelphi Accord with Egypt was concluded, which authorized Egypt to deploy 750 border guards along the route to patrol the border on Egypt's side. The Palestinian side of the border was controlled by the Palestinian Authority until the 2007 takeover by Hamas. The joint authority for the Rafah Border Crossing was transferred to the Palestinian Authority and Egypt for restricted passage by Palestinian ID card holders, and by others by exception.
One purpose of the Philadelphi Route was to prevent the movement of illegal materials (including weapons and ammunition) and people between Egypt and the Gaza Strip.
Background
The 1979 Egypt–Israel peace treaty stipulated that the Israel-Egypt border would follow the border of Mandatory Palestine. The new border divided Rafah into two towns, one Palestinian and one Egyptian, separating families on both sides of the border. Following the October 2014 Sinai attacks, Egypt destroyed the Egyptian side of the city and had demolished at least 7,460 buildings by 2020.
Philadelphi Accord
In 2004, the Israeli Knesset approved a plan to unilaterally withdraw all Israeli citizens and military forces from the Gaza Strip, which went into force in August 2005. The disengagement plan defined the Philadelphi Corridor as "The border area between the Gaza Strip and Egypt". The name Philadelphi was randomly chosen for the 9 mile-long corridor by the Israeli army.
On 1 September 2005, the "Agreed Arrangements Regarding the Deployment of a Designated Force of Border Guards Along the Border in the Rafah Area", known as the Philadelphi Accord, was signed by Israel and Egypt. Under the accord, Egypt was authorized to deploy border guards along the route to patrol the border on Egypt's side. The objective was to prevent smuggling of weapons from Egypt into the Gaza Strip, infiltration and other criminal activity. Egypt would also coordinate operations and share intelligence. Rafah Crossing would be the main border crossing with Gaza. The area near the border (known as Area C) would be a demilitarized zone, with Egypt only permitted to maintain police forces there.
The Accord contains 83 clauses and specifically describes the mission and obligations of the parties, including the specific types of machinery, weaponry and infrastructure permitted.
Egyptian Border Guard Force
The Philadelphi Accord created the Egyptian Border Guard Force (BGF) composed of 750 ground personnel divided between headquarters and four companies deployed along the route to patrol the border on Egypt's side. The agreement specified that the Egyptian force is "a designated force for the combating of terrorism and infiltration across the border" and not intended for any military purposes.
The parties acknowledge that the BGF [Border Guard Force] deployment and these Agreed Arrangements, in no way constitute an amendment to or a revision or modification of Annex I to the Peace Treaty. Rather they constitute additional mission-oriented security measures agreed upon by the parties.
— Philadelphi Accord, Article 9
Instead, it "enhance[ed] Egypt's capability to fight smuggling along the border," while ensuring that the forces would not serve any military purposes. Sentry posts, watchtowers and logistical facilities were permitted. Heavy armored vehicles, fortification, military-style intelligence-gathering equipment, and weaponry and equipment beyond the below numbers were prohibited. Israel insisted on the inclusion of provisions indicating that the Accord was not an amendment to the 1979 Peace Treaty. During negotiations Egypt attempted to frame the agreement toward the re-militarization of the Sinai and its borders with Israel and Gaza.
The BGF be equipped with the following:
- 500 assault rifles
- 67 light machine guns
- 27 light anti-personnel launchers
- ground radar
- 31 police-style vehicles
- 44 logistical and auxiliary vehicles
Reaction
Within the Israeli defense establishment vacating the Philadelphi route was opposed for strategic reasons. A primary concern was the threat to Israeli security from militarization of Gaza. However, it was decided to vacate the corridor in order to prevent friction which could destabilize the region further.
Israel's decision to withdraw from the Philadelphi Route also posed a threat to the neighboring Egyptians through the potential militarization of Gaza. It was feared that Israel's departure would create a power vacuum that the weak Palestinian leadership would not be able to fill, thus creating a void to be filled by radical Islamists. A number of scholars have looked into the legal issue of whether or not the Philadelphi Accord needed to be passed by the Knesset. Generally, the Knesset approves of major treaties either before or after their passage. The issue arose because the Philadelphi Accord would partially militarize Area D of the Egypt–Israel Peace Treaty, changing the treaty and hence needing Knesset approval. This position was advocated by the Knesset's Foreign Affairs and Defense Committee Chairperson, Yuval Steinitz; he was supported by MK Danny Yatom and they jointly filed a petition to the Supreme Court against the Government. Prime Minister Ariel Sharon on the other hand, argued that the treaty did not change the "demilitarized" status of Area C, and therefore was not a significant enough treaty that it needed to be ratified. On 6 July 2005, the Attorney General ruled that the government was not bound to seek Knesset approval for the treaty, but convention stipulated that it should.
Rafah border crossing
Following the disengagement from Gaza, Israel signed with the Palestinian Authority the Agreement on Movement and Access (AMA) on 15 November 2005. The Agreement allowed the opening of the Gaza-Egypt border for restricted passage of Palestinian residents, and the export of agricultural products from Gaza. The AMA also promised a link between Gaza and West Bank for buses and trucks, construction of a Gaza Seaport, discussion regarding a Gaza airport, and more freedom of movement within the West Bank. The Rafah Border Crossing was opened near Rafah on 25 November 2005, operated by the Palestinian Authority and US-sponsored Egypt, under supervision of EU observers. During the first six months of 2006, the crossing was opened nine and a half hours a day with an average of 650 people crossing daily each way, which was almost double the average prior to the AMA.
After Hamas kidnapped Gilad Shalit, the Rafah border was closed on 25 June 2006, although the incident did not happen in Rafah. Since then, the crossing was only irregularly opened for very limited cases. The border was never opened for the passage of goods. When Hamas took over the Gaza Strip in 2007, Egypt and Israel closed the borders with Gaza.
Hamas control of Gaza
In January 2008, Palestinian militants breached several parts of the wall bordering the town of Rafah. Thousands of Gazans flowed into Egypt in search of food and supplies. As of August 2012 the Egyptian Army continued to destroy tunnels linking Egypt and Gaza and their security source said their demolition will continue "in order to fight any element of terrorism."
After the fall of the Mubarak regime in 2011, Egypt relaxed restrictions at its border with the Gaza Strip, allowing more Palestinians to cross freely for the first time in four years. The Egyptian army continued to destroy Gaza Strip smuggling tunnels, according to the Egyptian army "in order to fight any element of terrorism".
As of April 2013, Egypt reinforced its troops on the border with the Gaza Strip. The Egyptian Army has been destroying tunnels by flooding them.
In October 2014, Egypt announced that they planned to expand the buffer zone between Gaza and Egypt, following a terrorist attack from Gaza that killed 31 Egyptian soldiers. Between July 2013 and August 2015, Egypt demolished 3,255 private houses on their side of the Egypt-Gaza border in order to create a buffer zone. By 2020, at least 7,460 buildings had been demolished.
Hamas-Israel war
The Rafah area was the site of active conflict in the Israel–Hamas war, including the border crossing which was at least partially closed due to military action.
On 11 December 2023, Israeli Prime Minister Benjamin Netanyahu told a Knesset Foreign Affairs and Security Committee that Israel will control the Philadelphi Corridor (border between Gaza and Egypt) and that Israel would impose a buffer zone inside the Gaza Strip.
On 16 January 2024, the Egyptian government warned that any occupation of the Philadelphi Corridor by Israeli forces would be a violation of the 1978 Camp David Accords.
On 7 May 2024, Israel took control of the Rafah crossing and stationed its forces within the Philadelphi Corridor, violating the terms of the Camp David Accords. On 15 May, Israel asked Egypt to open its border so Gazan civilians who wished to, could flee across to Egypt.
The Middle East Monitor reported diplomatic sources said that on 19 August 2024, the Israeli government had asked to cancel the Philadelphi Accord during tripartite diplomatic talks in Cairo between Israel, Egypt and the US which were attempting to reach security understandings. Egypt was reported to have categorically rejected this request.
See also
References
- ^ Hirsch, Moshe (2006). ""Treaty-Making Power: Approval of the Israel-Egypt "Philadelphi Accord" by the Knesset". Israel Law Review. 39 (3): 230–234. doi:10.1017/S0021223700013182. Retrieved 20 May 2010.
- ^ "Facts, figures about the Gaza-Egypt border barrier". International Herald Tribune. 23 January 2008. Archived from the original on 29 January 2008 – via Associated Press.
- ^ "Egypt: Massive Sinai Demolitions Likely War Crimes | Human Rights Watch". 17 March 2021. Retrieved 19 August 2024.
- ^ Brooke Neuman (19 September 2005). "A New Reality on the Egypt-Gaza Border (part I): Contents of the New Israel-Egypt Agreement". Washington Institute for Near East Policy.
- ^ "The Disengagement Plan - General Outline 18 April 2004" (PDF).
- ^ "FACTBOX-The Gaza-Egypt border corridor". Reuters.
- ^ "Cabinet Communique". Ministry of Foreign Affairs (Israel). 28 August 2005.
- ^ Machael Herzog (21 September 2005). "A New Reality on the Egypt-Gaza Border (part II): Analysis of the New Israel-Egypt Agreement". Washington Institute for Near East Policy.
- ^ "Agreed documents by Israel and Palestinians on Movement and Access from and to Gaza". United Nations Information System on the Question of Palestine. 15 November 2005. Archived from the original on 4 October 2013.
- ^ "Bureau of Near Eastern Affairs — Background Note: Egypt". U.S. State Department. 10 November 2010.
- ^ "The Agreement on Movement and Access One Year On" (PDF). United Nations Office for the Coordination of Humanitarian Affairs (OCHA). November 2006. Archived from the original (PDF) on 5 October 2013.
- ^ "Egypt 'won't force Gazans back'". BBC News. 23 January 2008. Retrieved 23 January 2008.
- ^ "Egypt resumes demolition of Gaza tunnels". Ma'an News Agency. Archived from the original on 30 April 2013. Retrieved 16 September 2012.
- ^ "Egypt eases blockade at Gaza's Rafah border". BBC News. 28 May 2011.
- ^ "Egypt floods Gaza tunnels to cut Palestinian lifeline". Reuters. 13 February 2013.
- ^ Jack Khoury (11 February 2013). "Hamas: Egypt destroying Gaza smuggling tunnels by flooding them". Haaretz.
- ^ "Egypt begins Gaza border evacuation to create security buffer". The Jerusalem Post.
- ^ "'Look for Another Homeland': Forced Evictions in Egypt's Rafah". Human Rights Watch. 22 September 2015.
- ^ "Egypt 'demolished thousands of homes' for Gaza buffer zone". The Times of Israel. Associated Press. 22 September 2015.
- ^ "Israel strikes and seals off Gaza after incursion by Hamas, which vows to execute hostages". Associated Press. 9 October 2023. Retrieved 10 October 2023.
- ^ "Rafah crossing between Gaza and Egypt disrupted by Israeli air raids". Al Jazeera. Retrieved 10 October 2023.
- ^ "Israel starts building Gaza buffer zone". Jewish News Syndicate. 24 December 2023.
- ^ Daou, Marc (14 February 2024). "The 'Philadelphi Corridor': A goal for Netanyahu, a red line for Egypt". France 24. Retrieved 3 September 2024.
- ^ "Egypt warns Israeli retaking of Philadelphi Corridor would violate peace treaty". State Information Servic, Egypt. 16 January 2024. Retrieved 3 September 2024.
- ^ "Israel puts Egypt in tough spot with move within Philadelphi Corridor". The Arab Weekly. 8 May 2024.
- ^ Hellyer, H A (5 June 2024). "Ever the Day After: Egypt, Israel and Gaza". Royal United Services Institute. Retrieved 3 September 2024.
- ^ Angel, Maytaal (15 May 2024). "Israel says it will eliminate Hamas battalions in Rafah, not necessarily every Hamas fighter". Yahoo. Reuters. Retrieved 3 September 2024.
- ^ "Israel asks to amend Camp David deal with Egypt for control over Philadelphi Corridor". Middle East Monitor. London. 21 August 2024. Retrieved 3 September 2024.
Further reading
- Sullivan, Denis Joseph; Jones, Kimberly A. (2008). Global Security Watch—Egypt: A Reference Handbook. Westport, CT: Praeger Security International. pp. 116s. ISBN 9780275994822. OCLC 647871172.