Glossary of Terms
The documents summarized in this volume are mainly resolutions and reports issued and adopted by the various United Nations bodies and agencies, as well as treaties and agreements relating to conflict and peace.
The names and titles ofsome of these documents may be less familiar to the reader than others, and their connotation may not be readily understandable. Thus, some of these terms are described below. It should be noted, however, that they are not always uniformly applied or interpreted as this depends on the intentions of the source or body that produced the document or that subsequently interprets it. The explanations of terms that follow are the authors’ and are. intended exclusively for this publication.ACCORD: An agreement or arrangement between two or more governÂments and/or other quasi-public entities that may or may not have legal status under international law. If it is between states, it has the same status as a treaty, convention, agreement, and pact (see also Covenant below). The term accord is, however, occasionally used to give the impression that the nature of the agreement is more “soft” than a treaty in terms of legal obligations. See, for example, the Oslo Accords (1993).22
ADVISORY OPINION: Opinion issued by the International Court ofJustice at the request of a United Nations body. It is not an adjudication of a case or controversy and has no binding legal effect on states as does an opinion in a contentious case. It has, however, a strong indicative legal character and, thus, carries significant moral and/or legal authority if it reflects or declares customary international law. see, for example, the INTERNATIONAL Court of Justice Decision: Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004).
AIDE-MEMOIRE: A diplomatic document that records what a state, acting through its diplomatic channels, means or understands about a specific obligation, including a treaty obligation.
sometimes such a document allows the parties to a treaty whose terminology is ambiguous to explain their separate understandings. See, for example, Aide Memoire prepared by United Nations Secretary-General Dag Hammarskjold, on Conditions for the Withdrawal of UNEF (1957).ARMISTICE AGREEMENT: A suspension or cessation of hostilities by agreement between belligerent powers or combatants that is equivalent to a truce, cease-fire, or suspension of hostilities. such an agreement is a binding treaty if made between states. If made between a state and an insurgent group, it is also binding under international humanitarian law. While its duration is usually temporary, in the case of the 1949 Armistice Agreements between Israel and certain Arab states, these agreements have become almost permanent. (See also Separation of Forces Agreement.)
BASIC LAW OF THE STATE OF ISRAEL: Israel has no written Constitution; however, certain laws enacted by the Knesset constitute a core body, which the Supreme Court of Israel has deemed equivalent to a constitution. See, for example, Basic Law: Human Dignity and Liberty (1992).
COMMUNIQUE: An official pronouncement expressing public policy or a statement issued after a meeting or conference that constitutes the participants’ public expression of that meeting or conference’s outcome. Unlike a treaty, it is non-binding, but it could be considered a manifestation of a state’s position or intention. The same applies to a communique issued by a group of states or by an international organization. See, for example, Communique Issued by the Quartet (2002).
COVENANT: A formal agreement between two parties, such as states or quasi-public entities, or a unilateral promise contained in a treaty or other document expressing the binding intention of the state or state official making the undertaking. See, for example, the Covenant of Umar (636 or 638 ce).HHHI^∣IIIIIHHHHHIIHH^^^^M^H∣IIH
DECLARATION: A unilateral formal statement or a proclamation by a government that may be legally binding on that state.
A declaration is not predicated on reciprocal promises and undertakings by another state. Sometimes it is intended to reflect state policy or a state’s intentions as to future policy. (See also Proclamation.) See, for example, the Balfour Declaration (1917).DECREE: The term may refer to a law adopted by a duly constituted legal authority that is not a legislative authority. it usually applies to the issuance of orders by heads of state, governmental bodies, or quasi-public bodies exercising administrative functions. in some legal systems, the term refers to ajudicial decision or to an executive order. In this volume, the first of these two meanings applies. See, for example, Decree of Surrender of Jerusalem into British Control (1917).
LETTERS OF EXCHANGE: A formal letter of transmission from a state to another state or international organization that conveys a formal diplomatic text, such as a treaty or instrument of ratification. Sometimes it contains legal positions intended to bind the issuing authority, or it may reflect something agreed upon that the parties do not want to formally include in a treaty. (See also Note Verbale below.) See, for example, Exchange of Letters between United States PresidentJimmy Carter, Israeli Prime Minister Menachem Begin, and Egyptian President Anwar al-Sadat (1978).
FIRMAN OR FARAMAN: An edict or order issued by the Sultan of the Turkish Ottoman Empire, similar to a Decree (see above). Usually provides a grant, license, or permission to a person, group of persons, or a community (e.g, religious). See, for example, Imperial Firman Concerning the Christian Holy Places (1852).
INTERIM AGREEMENT: A temporary or provisional agreement entered into for a limited period of time deemed to be an intervening time, prior to a permanent agreement. It is legally binding upon its parties. See, for example, Interim Agreement on the West Bank and Gaza Strip between Israel and the PLO (1995).
MEMORANDUM OF UNDERSTANDING: it may be an expression of “best efforts” or “intentions” between parties and thus non-binding.
Good faith performance is, however, expected. sometimes it is a legally binding agreement. The United states and israel have a number of such agreements, particularly in the area of military cooperation. This type of document is used to avoid the necessity of having the agreement go through a parliamentary process that is constitutionally or legally required. This applies to the United states, where a treaty is constitutionally required to obtain the U.S. Senate’s “advice and consent.” See, for example, Memorandum of Understanding between Israel and the United States (1975).NON-PAPER: Term of art for a written document intended to express a state’s position without, however, committing that state thereto. it is not intended to be an expression of a final position. Usually employed as a diplomatic method for testing ideas and generating discussion. Frequently used in multilateral negotiations and within international organizations. (See also Working Paper.) See, for example, European Union Non-paper on the Taba Conference (2001).
NOTE VERBALE: A French term meaning a diplomatic note containing a state’s assertion of a position. Also used to express a protest. See, for example, Note Verbale from the Permanent Mission of Israel to the Secretariat of the Commission on Human Rights (2004).
EXECUTIVE ORDER: An order issued by the president of the United States pursuant to his constitutional powers that directs or instructs the executive agencies or government officials or sets policies for the executive branch to follow. It has become equivalent to decrees issued by other heads of states. (See Decree.) See, for example, U.S. Executive Order 12947: Prohibiting Transactions with Terrorists Who Threaten to Disrupt the Middle East Peace Process (1995).37
ORDINANCE: Derives from the French term ordonnance, which is equiÂvalent to a law or decree. common law systems, however, use the term for official acts adopted by municipal governments to regulate local administration.
See, for example, Israel’s Area of Jurisdiction and Powers Ordinance (1948). ∣PEACE INITIATIVE: it may be anything from a a call for a conference to a formal peace proposal produced by an entity or by an individual of standing that is aimed at furthering the peace process. More frequently, it refers to a specific idea or a substantive or procedural proposal. see, for example, Arab Peace Initiative Established at the Arab League Summit
PROCLAMATION: A formal public announcement made by a government or head of state or by an entity such as a quasi-public body, similar to a Declaration (see above). See, for example, Proclamation of the Establishment of the Palestine Liberation Organization (∣964).
PROTOCOL: An amendment to an existing treaty. it is also a term used for a document containing the formal record of the proceedings of a conference or negotiations. in this case, it is equivalent to what is called in diplomatic parlance, a proces-verbal. See, for example, Protocol on Economic Relations between the Government of Israel and the PLO (∣994).
SEPARATION OF FORCES AGREEMENT: An agreement similar to an Armistice (see above), but of a more temporary and limited nature. Sometimes, however, it can be considered a binding treaty. It usually precedes an armistice or a more permanent peace agreement. see, for example, Separation of Forces Agreement between Israel and Egypt (1974).
WHITE PAPER: A statement of policy usually issued by a government to express a position on a given matter or present a report on a past incident or describing a previous situation. The British Government issued several such papers during the period of the League of Nations Mandate for Palestine. See, for example, Statement of British Policy in Palestine (Churchill White Paper) (1922).43
WORKING PAPER: A document reflecting a non-binding work in progress or describing ongoing negotiations. (See also Non-Paper.) See, for example, Working Paper Prepared by the Secretariat, UN Conciliation Commission for Palestine: The Future of Arab Palestine and the Question of Partition (1949).