Pearls and Irritations

The terms of the emerging deal with Hamas are being presented by Israel as entailing a “painful price.” It is based on the assumption that whatever is good for Hamas must be bad for Israel and whatever is bad for the Palestinians is good for us: a zero-sum game.

Israel has convinced itself that it must not sign a deal that would benefit Hamas in any way; it can only be harmful to Israel and can only exact a painful price.

We should not accept these assumptions. There are elements of the deal that are good for both Israel and Hamas. The “price” is not always really a price at all. It is not always as painful as they want us to believe.

The freeing of Palestinian security prisoners and a cessation of the fighting will be to Hamas’ benefit. Perhaps they will benefit Israel, too. In any event, the alternative will be a lot worse for Israel. Hamas will not free its hostages unconditionally, just as Israel does not free its prisoners without getting something in return, and it has thousands of those right now.

Israel taught the Palestinians that they can win the early release of their prisoners held by Israel only by exchanging them for hostages. By the way, both sides have hostages: Many of the Palestinian detainees were taken from their beds and have never stood trial.

Israeli prisons are bursting with security prisoners who, contrary to the way they are presented in the media’s propaganda, are not all “terrorists with blood on their hands.”

Among them are numerous political prisoners of a regime that prohibits Palestinians from any kind of organisational activity. Many others have been convicted of trivial offences and sentenced to draconian punishments. If there is any more need to prove the existence of Israeli apartheid, it is the separate court systems for Jews and Palestinians.

In Israeli prisons, there are also despicable Palestinian murderers. But many have served their time and deserve to one day be let free, just like their fellow Jewish convicts. The release of elderly veterans of the Palestinian armed struggle will do no harm to Israel.

There are even those whose release will be to Israel’s benefit, first and foremost Marwan Barghouti, but not only him. If Israel is seriously interested in finding a partner to change the reality of endless wars, he can be found behind Israeli bars. The next generation of Palestinian leaders is being held in Israeli prisons, from Megiddo to Nafha.

Liberation struggles throughout history, including that of the Jewish people, produced brave leaders who came out of the prisons of their conquerors. There will be grieving Jewish families who lost their loved ones years ago and do not want to see the killers released. That is understandable, but they certainly cannot be allowed to dictate what is in Israel’s best interest.

The wisest course of action that Israel should have taken a long time ago was to voluntarily release the security prisoners as a gesture and not just as a concession in negotiations. But there is no chance of that happening – it is too smart. Freeing 1,500 prisoners, as Hamas is asking, is neither a disaster nor is it painful. It will bring the hostages home. Disaster and pain will only result if they are not rescued.
Nor would it be a disaster or painful to bring an end to this cursed war, during which Israel lost its humanity without achieving its goals from the indiscriminate killing and destruction, the likes of which have only been seen in the most brutal of wars.

Israel’s dignity will indeed be damaged, Hamas will be crowned the winner of the war – a dubious winner but a winner nevertheless (except that it had already crowned itself such on October 7). Even if Benjamin Netanyahu’s “total victory” were to be achieved, which will, of course, never happen, Hamas has won the war. Therefore, it is better to put an end to it.

We have to put aside the clichés and tired slogans Israelis have been fed and calmly consider important questions: Is the deal really that bad? In what way? Is there a better one?

Republished from HAARETZ, February 7, 2024.

For more on this topic, P&I recommends reading the full text of the Hamas ceasefire proposal below, first published by Al-Akhbar and reproduced in the Palestinian Chronicle, February 7, 2024.

Full text of Hamas’ response to ceasefire proposal

Below is the official Hamas response to the General Framework for a Comprehensive Agreement among the Parties. It was initially published by the Arabic newspaper Al-Akhbar. It was translated and provided by the Resistance News Network Telegram Channel. It is published in full without any editing from its original translation by the RNN.

***
Draft – Preliminary Response/ the Hamas Movement’s Response To a General Framework for a Comprehensive Agreement among the Parties (between the Israeli occupation, Hamas, and the Palestinian factions)

This agreement aims to stop the mutual military operations between the parties, achieve complete and lasting calm, exchange prisoners between the two sides, end the blockade on Gaza, reconstruction, return of residents and displaced persons to their homes, and provide shelter and relief requirements for all residents in all areas of the Gaza Strip, according to the following stages:

First stage (45 days):

This humanitarian stage aims at releasing all Israeli detainees from among women and children (under the age of 19, not conscripted), the elderly, and the sick, in exchange for a specific number of Palestinian prisoners, in addition to intensifying humanitarian aid, redeployment of forces outside populated areas, allowing the commencement of reconstruction of hospitals, houses, and facilities in all areas of the Strip, and permitting the United Nations and its agencies to provide humanitarian services, and establishing housing camps for the population, as follows:

• A temporary cessation of military operations, cessation of aerial reconnaissance, and redeployment of Israeli forces away from populated areas in the entire Gaza Strip, to be aligned with the dividing line, enabling the parties to complete the exchange of detainees and prisoners.
• The two parties will release Israeli detainees from among women and children (under the age of 19, not conscripted), the elderly, and the sick, in exchange for a number of Palestinian prisoners, ensuring the release of all individuals whose names are pre-agreed upon during this stage.
• Intensification of the entry of necessary and sufficient quantities for the population’s needs (to be determined) of humanitarian aid and fuel daily, allowing appropriate quantities of humanitarian aid to reach all areas in the Gaza Strip including the north of the Strip, and the return of displaced persons to their residences in all areas of the Strip.
• Reconstruction of hospitals across the Strip and introducing what necessary for establishing population camps/tents for sheltering the population, and resumption of all humanitarian services provided to the population by the United Nations and its agencies.
• Beginning of (indirect) negotiations regarding the requirements necessary for restoring complete calm.
• The attached appendix with details of the first stage is an integral part of this agreement, with the agreement on details of the second and third stages during the implementation of the first stage.

Second stage (45 days):

The completion of (indirect) negotiations regarding the requirements necessary for the continued cessation of mutual military operations and return to a state of complete calm must be announced before implementing the second stage.

This stage aims to release all detained men (civilians and conscripts), in exchange for specific numbers of Palestinian prisoners, continuation of humanitarian measures from the first stage, withdrawal of Israeli forces outside the borders of all Gaza Strip areas, and commencement of comprehensive reconstruction of houses, facilities, and infrastructure destroyed in all areas of the Gaza Strip, according to specific mechanisms that ensure implementation of this and the complete end of the siege on the Gaza Strip, as agreed upon in the first stage.

Third stage (45 days):

This stage aims at exchanging the bodies and remains of the deceased between the two sides after identification, and continuation of humanitarian measures from the first and second stages, according to what will be agreed upon in the first and second stages.

Framework agreement appendix: details of the first stage

• Complete cessation of military operations from both sides, and stopping all forms of aerial activities including reconnaissance, throughout this stage.
• Redeployment of Israeli forces away from populated areas in the entire Gaza Strip, to be aligned with the dividing line to the east and north, enabling the parties to complete the exchange of detainees and prisoners.
• Both parties will release Israeli detainees from among women and children (under the age of 19, not conscripted), the elderly, and the sick, in exchange for all prisoners in the occupation’s prisons including women, children, elderly (above 50 years), and the sick who were arrested up to the date of signing this agreement without exception, in addition to 1,500 Palestinian prisoners, of whom Hamas will name 500 with life sentences and high sentences.
• Completion of necessary legal procedures ensuring that the released Palestinian and Arab prisoners are not re-arrested for the same charges for which they were arrested.
• The mutual and simultaneous release in a manner that ensures the release of all individuals listed in the pre-agreed lists during this stage, with names and lists exchanged before implementation.
• Improvement of conditions for prisoners in the occupation’s prisons and lifting of measures and sanctions imposed after October 7th, 2023.
• Stopping the incursions and aggression by Israeli settlers on Al-Aqsa Mosque and returning the situation in Al-Aqsa Mosque to what it was before 2002.
• Intensifying the entry of necessary and sufficient quantities for the residents’ needs (no less than 500 trucks) of humanitarian aid and fuel daily, allowing appropriate quantities of humanitarian aid to reach all areas of the Strip, especially the north of the Gaza Strip.
• The return of displaced persons to their residences in all areas of the Strip, ensuring the freedom of movement of residents and citizens by all means of transport without hindrance in all areas of the Gaza Strip, especially from the south to the north.
• Ensuring the opening of all crossings with the Gaza Strip, resumption of trade, and allowing the freedom of movement of individuals and goods without obstacles.
• Lifting any Israeli restrictions on the movement of travellers, patients, and the wounded through the Rafah crossing.
• Ensuring all wounded men, women, and children are allowed to receive treatment abroad without restrictions.

Egypt and Qatar will lead efforts with all necessary parties to manage and supervise the guarantee, achievement, and completion of the following issues:

1. Providing and introducing sufficient heavy equipment necessary for debris and rubble removal.
2. Providing civil defence equipment, and the requirements of the Ministry of Health.
3. The process of reconstructing hospitals and bakeries across the Strip and introducing what is necessary for establishing camps for residents/tents for sheltering the population.
4. Introducing no less than 60,000 temporary homes (caravans/containers) such that 15,000 homes enter the Gaza Strip each week from the start of this stage, in addition to 200,000 shelter tents, at a rate of 50,000 tents each week, to shelter those whose homes were destroyed by the occupation during the war.
5. Beginning the reconstruction and repair of infrastructure in all areas of the Strip, and rehabilitating electricity, telecommunications, and water networks.
6. Approving a reconstruction plan for homes, economic facilities, and public utilities destroyed due to aggression, scheduling the reconstruction process within no more than 3 years.

• Resumption of all humanitarian services provided to the population in all areas of the Strip, by the United Nations, its agencies, especially UNRWA, and all international organisations operating to resume their work in all areas of the Gaza Strip as before October 7th, 2023.
• Re-supplying the Gaza Strip with the necessary fuel to re-operate the power generation station and all sectors.
• The occupation’s commitment to supplying Gaza with its electricity and water needs.
• Beginning (indirect) negotiations regarding the requirements necessary for the continued cessation of mutual military operations and return to a state of complete and mutual calm.
• The exchange process is closely linked to the extent of commitment to the entry of sufficient aid, relief, and shelter mentioned and agreed upon.

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