“Biden's plan” for Gaza in full: Exchange of prisoners and hostages, truce, withdrawal and reconstruction

What are the amendments Israel made to the Hamas proposal?

AL MAJALLA

“Biden's plan” for Gaza in full: Exchange of prisoners and hostages, truce, withdrawal and reconstruction

last update on 07 Jun 2024

The Gaza Agreement draft, unveiled by President Joe Biden on 31 May and obtained in full by Al Majalla, incorporates Israeli amendments to the original draft accepted by Hamas on 5 May. While modifications were made, the agreement's core principles remain intact, including prisoner exchange, humanitarian aid access, a permanent ceasefire, and the withdrawal of Israeli forces from the Gaza Strip. Additionally, the agreement outlines a comprehensive reconstruction plan for the Gaza Strip, spanning 3-5 years.

For months, security officials from Egypt, Qatar, and Israel, in consultation with CIA Director William Burns, have been engaged in mediation efforts to secure a ceasefire agreement. This agreement includes the exchange of prisoners and hostages, facilitating humanitarian aid entry, supporting the reconstruction of the Gaza Strip, and repatriating displaced individuals.

Hamas consented to a draft agreement on 5 May, which was subsequently released by Al Majalla on 1 June. Israel forwarded its amendments to this draft on 27 May, and on 31 May, President Biden disclosed the "Israeli plan," encouraging Hamas to endorse it. This plan consists of three phases:

Phase 1: This entails a six-week full and complete ceasefire, the withdrawal of Israeli military forces from all populated areas of Gaza, and the release of several hostages, including women, the elderly, and wounded individuals. In exchange, hundreds of Palestinian prisoners will be released. Palestinians will be permitted to return to their homes and neighbourhoods, including those in northern Gaza.

Humanitarian aid will be scaled up to accommodate 600 trucks daily, alongside the provision of housing units and temporary shelters. This phase will be accompanied by negotiations between Israel and Hamas to establish a permanent ceasefire.

Phase 2: This would also last six weeks, during which Hamas will release all remaining living hostages, including soldiers. If the terms are adhered to, the ceasefire will transition into a permanent cessation of hostilities.

Phase 3: This phase focuses on Gaza reconstruction and achieving stability with support from the United States and the international community.

What are the differences between the Biden Plan and the Hamas Paper?

In comparing the Arabic version of the "Biden Plan” – officially adopted in its English version – with the "Hamas Paper" from 5 May, the following amendments can be noted:

In the first phase, which extends for 42 days, the word "mutual" was removed from the first clause. It now reads, “A temporary cessation of military operations by both parties and the withdrawal of Israeli forces eastwards, away from densely populated areas to border regions across all parts of the Gaza Strip, including Gaza Valley (Netzarim axis and Kuwait roundabout).”

The plan retained "the withdrawal of Israeli forces to an area along the border, with the complete dismantling of military sites and installations” on day 22 of the agreement.

The "Biden Plan" retained "a temporary cessation of military operations by both parties and the withdrawal of Israeli forces eastwards, away from densely populated areas to border regions across all parts of the Gaza Strip” in the first phase, lasting 42 days. It also retained the “announcement of the restoration of a sustainable calm (cessation of military operations and hostilities permanently) in the second phase, also lasting 42 days.

It retained the “Temporary cessation of aerial movement (military and surveillance) in the Gaza strip for 10 hours daily, and 12 hours during days where exchange of hostages and prisoners will take place.”

AFP — Chairman of the Joint Chiefs of Staff Charles Q. Brown Jr., US Defense Secretary Lloyd Austin, US President Joe Biden, and CIA Director William Burns meet for a briefing in the White House.

In the third clause concerning the release of female detainees, the "Biden Plan" increased their number from 3 to 7. Thus, the paragraph now reads: “On day 7 (after the release of 7 of the female hostages), Israeli forces will completely withdraw from Rasheed Street eastwards to Salah ad-Din Street, all military sites and installations in the area will be dismantled, the return of internally displaced to their place of residence (without carrying arms while returning) will commence, people will have the freedom of movement in all areas of the Gaza Strip, and the entry of humanitarian aid through Rashid Street from day one will be facilitated without restrictions.”

In the first phase, which extends for 42 days, the word "mutual" was removed from the first clause.

The "Biden Plan" specifically mentioned "the release of Hisham Al-Sayed and Avera Mangisto, who will be included in the total number of 33 hostages agreed to be released during Phase 1)," in return, "the Israeli side will release 47 prisoners of the Shalit deal that were re-detained."

Hamas captured Mengistu, an Israeli of Ethiopian descent, in 2014 and Al-Sayed, an Israeli Arab Bedouin, in 2015. It's noteworthy that by the end of 2011, Israel had released 1,027 Palestinians in exchange for Hamas releasing the Israeli soldier Gilad Shalit, who had been captured in 2006.

The conditions regarding the non-rearrest of Palestinian prisoners were revised to state: "The released Palestinian prisoners will not be rearrested based on the same charges they were previously arrested on, and the Israeli side will not initiate the return of the released Palestinian prisoners to serve their remaining sentenced time. The released Palestinian prisoners will not be required to sign any document as a condition of their release."

The "Biden Plan" removed the name of the United Nations Relief and Works Agency (UNRWA) from the list of UN organisations that will operate in Gaza. The paragraph now reads: "The UN and its agencies and other organisations will undertake their work in providing humanitarian services in all areas of the Gaza Strip, and the continuations of the above mentioned throughout the stages of the agreement."

A paragraph regarding "lifting the measures and sanctions taken against prisoners and detainees after October 7 was removed."

The number of military wounded allowed to exit Egypt via the Rafah Crossing was originally specified at 50. The text now reads: "After all Israeli female soldiers have been released, a number to be agreed upon of wounded military individuals will be permitted to travel through the Rafah crossing to receive medical treatment. The number of travellers, the ill, and the wounded passing through the Rafah Crossing will increase, and the restrictions on travel and return of movement of goods and trade will be lifted."

In Phase 3, the clause "A complete end of Israel's siege on Gaza" was removed, and an alternative sentence was proposed, stating: "Opening the border crossings, and facilitating movement of people and transfer of goods."

The United Nations was removed as a "guarantor" of the agreement alongside the United States, Qatar, and Egypt.

The United Nations was removed as a "guarantor" of the agreement alongside the United States, Qatar, and Egypt.

The "Biden Plan's" fate

The plan has garnered support from Western countries and the G7 nations. Washington has asked Doha to exert pressure on Hamas to accept it. Furthermore, the US is planning to put forth a resolution in the United Nations Security Council endorsing the "Biden Plan" and urging Hamas to accept it. A one-page draft resolution was circulated to the 15-member council on Monday, with a revised version distributed on Wednesday. The current draft welcomes the proposed ceasefire and characterises it as "acceptable" to Israel. It calls on Hamas to also accept it and urges both parties to promptly and unconditionally implement its provisions.

Reuters — President Biden and Israeli Prime Minister Benjamin Netanyahu meet in Tel Aviv

However, Russia and China, who both wield veto power at the UNSC, did not support the draft resolution. Moscow suggested amendments, advocating for both Hamas and Israel to accept the proposal and demanding an immediate, unconditional, and permanent ceasefire to be adhered to by all parties.

Diplomats highlight significant challenges facing the agreement, notably securing approval from Israeli Prime Minister Benjamin Netanyahu and Hamas. Netanyahu is apprehensive about potential repercussions for his coalition government, which includes ministers from the far right. Meanwhile, Hamas seeks written assurances concerning Israel's withdrawal from Gaza and a lasting ceasefire.

A negotiator remarked, "Even if the agreement is signed, implementing its phases will be a complex process. Who can guarantee the cessation of Israeli air strikes? Who ensures the entry of humanitarian aid trucks? Who can guarantee adherence to the ceasefire?"

Below is the complete text of the "Biden Plan" obtained by Al Majalla:

The US is planning to put forth a UNSC resolution endorsing the "Biden Plan" and urging Hamas to accept it.

Phase 1 (42 days):

A temporary cessation of military operations by both parties and the withdrawal of Israeli forces eastwards, away from densely populated areas to border regions across all parts of the Gaza Strip, including Gaza Valley (Netzarim axis and Kuwait roundabout), as detailed below.

Temporary cessation of aerial movement (military and surveillance) in the Gaza Strip for 10 hours daily and 12 hours during days when the exchange of hostages and prisoners will take place.

Return of internally displaced persons to their place of residence and Israel's withdrawal from Wadi Gaza (Netzarim Axis and Kuwait Circle):

On day 7 (after the release of 7 of the female hostages), the Israeli forces would completely withdraw from Rashid Street east of Salah Al-Din Street and completely dismantle military sites and installations in the area. Displaced Palestinians would be allowed to return to their respective residential areas (without carrying weapons during their return) and move freely throughout Gaza. Humanitarian aid would immediately be allowed in without obstruction.

On day 22, Israeli forces would withdraw from the central sector (especially the axes of "Netzarim," Al-Shuhada, and Kuwait roundabout) east of Salah Al-Din Road to an area close to the border, dismantle all their military sites and installations completely, continue the return of displaced persons to their homes in the northern Strip, and allow freedom of movement for residents in all areas of Gaza.

Intensified and appropriate amounts of humanitarian aid, relief materials, and fuel (600 trucks daily, including 50 fuel trucks, 300 for the north) will be allowed in from day one, including the fuel necessary to operate the power station, trade, and equipment needed to remove rubble, rehabilitate and operate hospitals, health centres, and bakeries in all areas of the Gaza Strip—a process that will continue throughout all stages of the agreement.

Exchange of hostages

In this phase, Hamas will release 33 Israeli hostages (including living individuals and remains of the deceased) in exchange for Palestinians held in Israeli prisons and detention centres. The exchange will occur as follows:

a. Hamas will release all living Israeli civilian women and children (under 19 and not enlisted) in exchange for Israel releasing 30 Palestinian women and children being held in Israeli prisons for each Israeli hostage released, based on lists provided by Hamas featuring the longest-held prisoners.

b. Hamas will release all living elderly Israeli hostages (over 50 years) and sick and injured civilians in exchange for Israel releasing 30 elderly (over 50 years) and sick prisoners Palestinians (with no more than 15 years remaining on their sentences) for each Israeli hostage released, based on lists provided by Hamas featuring the longest-held prisoners.

c. Hamas will release all living Israeli female soldiers in exchange for Israel releasing 50 Palestinians for each Israeli soldier released (30 serving life sentences and 20 with no more than 15 years remaining on their sentences), based on lists provided by Hamas, except for an agreed number of prisoners (at least 100) to be discussed in the second phase. Additionally, at least 50 Palestinian prisoners serving life sentences will be released either abroad or in Gaza.

On day 22, Israeli forces would withdraw from the central sector east of Salah Al-Din Road to an area close to the border.

Mechanism for exchange

a. Hamas will release Israeli hostages in stages: Day 1: 3 Israeli civilian female hostages; Day 7: Additional 4 Israeli civilian female hostages; Every seven days thereafter: 3 Israeli hostages, prioritising women (civilians and soldiers), followed by all living hostages before the release of human remains. During the 6th week, all remaining hostages included in this stage were exchanged for the agreed number of Palestinians from Israeli prisons, based on lists provided by Hamas.

b. By day 7, Hamas will provide information on the number of Israeli hostages to be released during this stage.

c. In the 6th week, after the release of Hisham El-Sayed and Avera Mangisto (included in the total 33 hostages), Israel will release 47 prisoners from the Shalit deal who were re-detained.

d. If the number of released Israeli hostages falls short of 33, the remaining number will be completed with the remains of the deceased from the same categories. In return, Israel will release all women and children (under 19 and non-military personnel) arrested from Gaza after October 7, 2023, during the 6th week.

AFP — Palestinians running toward parachutes attached to food parcels, air-dropped from US aircraft on a beach in the Gaza Strip on March 2, 2024.

The exchange process is contingent upon both sides adhering to the agreement's terms, including halting military operations, Israeli forces' withdrawal, return of internally displaced persons, and entry of humanitarian aid. The released Palestinian prisoners shall not be rearrested for the same charges as before, and Israel will not require them to serve the remaining sentences or sign any documents as a condition for their release.

The exchange mechanism in Phase 1 will not be the same as in Phase 2.

By the 16th day, indirect talks between the parties will begin to agree on the terms of Phase 2, including the conditions for the exchange of hostages and prisoners (soldiers and remaining men). The aim is to conclude the agreement before the end of the fifth week. The United Nations and its agencies will continue providing humanitarian services in the Gaza Strip throughout all stages of the agreement.

The reconstruction of infrastructure (electricity, water, sewage, communications, roads) in the Gaza Strip will begin with agreed-upon quantities of necessary equipment allowed in, continuing through all stages.

The entry of supplies and requirements for internally displaced persons who lost their homes (at least 60,000 temporary homes and 200,000 tents) will be facilitated.

After the release of all Israeli female soldiers, an agreed number of injured military personnel will be allowed to travel through the Rafah crossing for medical treatment, with increased travel and patient movement and the resumption of goods and trade movement.

Arrangements for the comprehensive reconstruction of destroyed houses, facilities, and infrastructure will commence, supervised by Egypt, Qatar, the United Nations, and other countries and organisations.

All measures, including the temporary cessation of military operations, assistance efforts, withdrawal of forces, etc., will continue into the second phase until an agreement is reached on the terms for implementing Phase 2. The guarantors will ensure the continuation of indirect negotiations until both parties reach an agreement.

The temporary cessation of military operations, assistance efforts, withdrawal of forces, etc., will continue into Phase 2.

Phase 2 (42 Days):

Announcement of the restoration of sustainable calm (permanent cessation of military and hostile operations) and its implementation before the start of the exchange of hostages and prisoners between the two sides – all remaining living male Israeli hostages (civilians and soldiers) – in exchange for a number of prisoners in Israeli prisons and detainees in Israeli detention centres, and the complete withdrawal of Israeli forces from the Gaza Strip.

Phase 3 (42 Days):

Exchange of all remains/deceased between both sides after retrieval and identification. Implementation of the Gaza Strip reconstruction plan over 3 to 5 years, including houses, civilian facilities, and civil infrastructure, with support for those affected under this provision, under the supervision of several countries and organisations, including Egypt, Qatar, and the United Nations. Opening of border crossings to facilitate the movement of people and the transport of goods.

Agreement guarantors:

Qatar, Egypt, and the United States

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