58. Paper Prepared in the Department of State1

JOINT US–USSR WORKING PAPER

FUNDAMENTAL PRINCIPLES

Israel and the UAR,

In consideration of their obligations under the Charter of the United Nations,

Confirming their obligations under Security Council Resolution 242 of November 22, 1967 and expressing their readiness to implement it in good faith in all of its provisions,

Recognizing the inadmissibility of the acquisition of territory by means of war,

Recognizing also the need to establish a just and lasting peace in the Middle East under the terms of which each State in this area can live in security,

Agree that their representatives under the auspices of Ambassador Jarring will follow the procedures the parties utilized at Rhodes in 19492 to work out without delay, starting on the basis of the following provisions, a final and reciprocally binding accord on ways of implementing Security Council Resolution 242 of November 22, 1967 to establish a just and lasting peace.

Point 1

The parties, in reaching a final accord (contained in a final document or documents) on a package settlement on the basis of these Fundamental Principles, would determine a timetable and procedures for withdrawal of Israeli armed forces from UAR territory occupied during the conflict of 1967 to boundaries to be delineated in accordance with Point 3 as well as an agreed plan for interrelated fulfillment of all other provisions of Security Council Resolution 242.

Point 2

The state of war and belligerency between Israel and the UAR would be terminated and a formal state of peace would be established [Page 199] between them, and both parties would refrain from acts inconsistent with the state of peace and the cessation of the state of war.

In particular:

1. No aggressive action by the armed and other forces—land, sea, or air—of either party would be undertaken or threatened against the people or the armed forces of the other.

2. Both parties would undertake to do all in their power to ensure that acts of hostility and belligerency whether by government agencies, personnel, or private persons or organizations will not originate from and are not committed from within their respective territory.

3. Both parties would refrain from intervening directly or indirectly in each other’s domestic affairs for any political, economic, or other reasons.

4. Both parties would confirm that in their relations with each other, they will be guided by the principles contained in Article 2, paragraphs 3 and 4 of the UN Charter.

Point 3

The parties would agree on the location of the secure and recognized boundary between them, which would be shown on a map or maps approved by the parties which would become part of the final accord. In the context of peace, including inter alia agreement between the parties on the establishment of demilitarized zones, on practical security arrangements in the Sharm al-Shaykh area for guaranteeing freedom of navigation through the Strait of Tiran, and on practical security arrangements and final disposition of Gaza, the former international boundary between Egypt and the mandated territory of Palestine would become the secure and recognized boundary between Israel and the UAR.

Point 4

For the purpose of ensuring the territorial inviolability of the parties and guaranteeing the security of the recognized boundary, the parties, following the procedures set forth in the last preambular paragraph of this document, would work out an agreement on:

(a) Zones to be demilitarized and procedures for ensuring their demilitarization;

(b) Practical security arrangements in the Sharm al-Shaykh area to assure freedom of navigation through the Strait of Tiran; and

(c) Practical security arrangements for and final disposition of Gaza.

Point 5

The parties would agree and the Security Council would reaffirm:

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(a) That the Strait of Tiran is an international waterway; and

(b) That the principle of free navigation for vessels of all countries, including Israel, applies to the Strait of Tiran and the Gulf of Aqaba.

Point 6

The UAR would affirm that, in its exercise of sovereignty over the Suez Canal, the ships of all nations, including Israel, will have the right of freedom of navigation without discrimination or interference.

Point 7

The parties would agree to abide by the terms of a just settlement of the refugee problem as agreed upon in the final accord between Jordan and Israel, and to participate as Ambassador Jarring may deem desirable in working out the terms of said settlement.

It would be understood that the accord between the UAR and Israel would be paralleled by an accord between Jordan and Israel, which would include agreement on a just solution of the refugee problem. Implementation of both accords would begin only after agreement had been achieved on the entire package.

Point 8

The UAR and Israel would mutually agree to respect and acknowledge each other’s sovereignty, territorial integrity, inviolability and political independence and each other’s right to live in peace within secure and recognized borders free from threats or acts of force.

Point 9

The final accord would be recorded in a document which is to be signed by the parties and immediately deposited with the UN. After the parties have deposited such a document, the Secretary General of the UN would be requested by the parties immediately to inform the Security Council and all UN Member States to that effect.

From the moment of deposit, the document would become binding on the parties and irrevocable, and implementation and observance by the parties of the provisions of the accord would begin. In the implementation of the final accord, it would be understood by the parties that their respective obligations would be reciprocal and interdependent. The final accord would provide that a material breach of that accord by one of the parties shall entitle the other to invoke the breach as a ground for suspending its performance in whole or in part until the breach shall be cured.

Point 10

Both parties would agree that the final accord would be submitted to the Security Council for its endorsement.

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It would be understood that France, the United Kingdom, the United States and the Union of Soviet Socialist Republics would submit and support an appropriate Security Council resolution and pledge that they would concert their future efforts to help the parties abide by all of the provisions of the final accord or accords.

  1. Source: National Archives, Nixon Presidential Materials, NSC Files, Box 650, Country Files, Middle East, Middle East Negotiations. Secret. Attached to a November 16 memorandum from Rogers to Nixon. Sisco presented this paper, which became known as the Rogers Plan, to Dobrynin on October 28. See Document 61.
  2. See Document 52 and footnote 3 thereto.