GAZA DISENGAGEMENT: SHARON INDICATES HE WILL SEEK

C O N F I D E N T I A L TEL AVIV 004335

SIPDIS

E.O. 12958: DECL: 07/13/2015
TAGS: PGOV KWBG EG IS GAZA DISENGAGEMENT GOI INTERNAL GOI EXTERNAL
SUBJECT: GAZA DISENGAGEMENT: SHARON INDICATES HE WILL SEEK
KNESSET APPROVAL FOR BORDER DEPLOYMENT TREATY WITH EGYPT

REF: TEL AVIV 4207

Classified By: Deputy Chief of Mission Gene A. Cretz for reasons 1.4 (b
,d).


1. (C) Prime Minister Sharon indicated to the press July 12
that he will seek Knesset approval of an Israeli-Egyptian
agreement -- that has not yet been finalized -- allowing some
750 Egyptian border guard soldiers to secure the
Egyptian-Gaza border as part of implementing the
disengagement plan (reftel). Knesset opponents of the
agreement conceded that Sharon can likely expect a Knesset
majority in favor of the agreement. Sharon's announcement
came the same day that chair of the Knesset's Foreign Affairs
and Defense Committee Yuval Steinitz and Labor MK Danny Yatom
submitted a petition to the High Court of Justice to compel
the GOI to seek Knesset approval of the border deployment
agreement. The petition asserts that the agreement
represents a material change to the 1973 Israeli-Egyptian
peace treaty, thus requiring Knesset approval. A separate
and similar petition was filed by right-wing MKs Ariel Eldad,
Yitzchak Levy, and Uri Ariel. Eldad told Poloff July 12 that
he views the treaty as "dangerous to Israel." The MKs filed
the petitions in response to Attorney General Menachem
Mazuz's July 6 decision that the agreement would not
represent a material change to the 1973 treaty, and therefore
would not require Knesset ratification.


2. (C) David Sharan, advisor to Steinitz, told Poloff July
13 that Sharon likely wants to avoid being embarrassed by a
High Court decision requiring that he submit the treaty to
the Knesset, and is thus trying to preempt such an outcome.
When asked about the timing of Knesset consideration of the
treaty, Sharan noted that since the GOI and GOE have not yet
signed a formal agreement, the matter is not before the
Knesset. Ha'aretz reported July 13 that Cabinet Secretary
Israel Maimon told Knesset Speaker Reuvin Rivlin July 12 that
the matter would be presented to the Knesset after the
Cabinet votes on it. It is not yet clear when the agreement
will be finalized. Sharan added that until Sharon actually
submits the agreement to the Knesset for a vote, Steinitz's
petition will remain before the High Court for consideration.
Sharan said that the petition will be withdrawn when the
matter appears on the Knesset agenda. "Between (Sharon)
saying something to the press and that something actually
happening, is a small gap," Sharan remarked.


3. (C) Sharan underlined that Steinitz is against the
deployment of Egyptian troops near the Philadelphi corridor.
He said that he and Steinitz do not believe the Egyptians
will effectively prevent weapons smuggling from Egypt into
Gaza. Ha'aretz reported July 13 that Steinitz has vowed to
work toward assembling a Knesset majority against the
agreement. Asked whether the treaty would garner a Knesset
majority, however, Sharan assessed that "sadly" it would.
Several MKs from various parties told Poloff July 12 that
Sharon can likely count on the same Knesset majority that has
supported the disengagement plan. Sharan estimated that
Sharon could count on a strong majority of some half (20) of
Likud's MKs, 21 Labor MKs, 14 Shinui MKs, six Yahad/Meretz
MKs, and the eight Israeli-Arab MKs -- 69 of 120 MKs.



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