GAZA-JERICHO AGREEMENT

ANNEX III

PROTOCOL CONCERNING LEGAL MATTERS

Article I

Criminal Jurisdiction

1. The criminal jurisdiction of the Palestinian Authority covers all offenses committed in the areas under its territorial jurisdiction ( hereinafter, for the purposes of this Annex, " the Territory " ) subject to the provisions of this Article.
   
   
2. Israel has sole criminal jurisdiction over the following offenses:
   
   
1. offenses committed in the Settlements and the Military Installation Area subject to the provisions of this Annex; and
   
   
2. offenses committed in the Territory by Israelis.
   
   

3. In exercising their criminal jurisdiction, each side shall have the power, inter alia, to investigate, arrest, bring to trial and punish offenders.
   
   
4. In addition, and without derogating from the territorial jurisdiction of the Palestinian Authority, Israel has the power to arrest and to keep in custody individuals suspected of having committed offenses which fall within Israeli criminal jurisdiction as noted in paragraphs 2 and 7 of this Article, who are present in the Territory, in the following cases:
   
   
1. The individual is an Israeli, in accordance with Article II of this Annex; or
   
   
1. The individual is a non-Israeli suspected of having just committed an offense in a place where Israeli authorities exercise their security functions in accordance with Annex I, and is arrested in the vicinity in which the offense was committed. The arrest shall be with a view to transferring the suspect, together with all evidence, to the Palestinian Police at the earliest opportunity.
   
   
2. In the event that such an individual is suspected of having committed an offense against Israel or Israelis, and there is a need for further legal proceedings with respect to that individual, Israel may retain him or her in custody and the question of the appropriate forum for prosecuting such a suspect shall be dealt with by the Legal Committee on a case- by - case basis.

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