Exclusive: Hamas amendments to Biden's plan include lifting Gaza siege and Chinese-Russian-Turkish guaranteeshttps://en.majalla.com/node/318966/documents-memoirs/exclusive-hamas-amendments-bidens-plan-include-lifting-gaza-siege-and
Hamas has presented a new version of the US-backed ceasefire agreement in Gaza, which includes significant amendments, according to a copy of the document obtained and reviewed by Al Majalla.
The revised proposal prioritises the "lifting of the siege" on the Gaza Strip and the withdrawal of Israeli forces from the Philadelphi Corridor in the first phase. The second phase would entail a complete withdrawal and a permanent ceasefire.
Hamas is seeking a role in the United Nations Relief and Works Agency (UNRWA) and wants China, Russia, Turkey, and the United Nations to join the United States, Qatar, and Egypt as "guarantors" of the agreement. The movement is also pushing for a plan to reconstruct Gaza within 3-5 years to be approved by all parties involved.
Hamas is insisting on written guarantees for a permanent ceasefire and the complete withdrawal of Israeli forces from the Gaza Strip. The proposal consists of three phases, each lasting 42 days, with a stipulation for the continuation of the ceasefire during negotiations to move from the first to the second stage. The framework agreement must consist of three "connected and interconnected" stages.
On June 11, Ismail Haniyeh, head of the Hamas Political Bureau, and Ziad Nakhalah, Secretary-General of Islamic Jihad, handed over the "Palestinian response to the Israeli response to the proposal dated May 6" to Qatari Prime Minister and Foreign Minister Sheikh Mohammed bin Abdul Rahman.
The five-page document, written in Arabic, included amendments by Hamas and its factional allies to the paper, which Israel had submitted on May 27 and adopted by US President Joe Biden on May 31. A Security Council resolution was issued to support it and demand that Hamas approve and commit to it.
Hamas is insisting on written guarantees for a permanent ceasefire and the complete withdrawal of Israeli forces from the Gaza Strip.
Amendments
1. Hamas and its allies have made several amendments to the ceasefire agreement, incorporating elements from the May 6 document and adding new provisions due to recent field developments. The key modifications are as follows:
2. First Phase (42 days): In addition to the original stipulation for the temporary cessation of military operations by both parties and the withdrawal of Israeli forces eastward and away from densely populated border areas in the Gaza Strip, the language now includes specific areas such as the Philadelphi Corridor, Wadi Gaza, Netzarim axis, and Kuwait roundabout.
3. Cessation of Military Aviation and Reconnaissance: The revised document demands the cessation of military aviation and reconnaissance for 10 to 12 hours daily during the exchange process and the return of displaced persons to their residences. The phrase "withdrawal from the Philadelphi Corridor" has been explicitly added.
4. Complete Withdrawal: The amendments call for a "complete" withdrawal from both the Philadelphi Corridor and the Rafah crossing.
5. Number of Detainees: The number of detainees to be released by Hamas has been adjusted from 33 to 32. This includes individuals who are alive, body parts, and remains, encompassing civilian women and female soldiers.
5. Hamas sought to decouple the release of Hisham al-Sayyid and Avera Mengistu from Israel's release of 47 prisoners under the Gilad Shalit deal. The amendments stipulate: "On the 22nd day, Israel will release all re-arrested prisoners from the Shalit deal."
A separate paragraph states: "Applying the standards and norms of prisoner exchange to the two prisoners, Al-Sayyid and Mengistu, if they are alive," in order to exchange them for other Palestinian prisoners. Hamas captured Ethiopian-Israeli Avera Mengistu in 2014 and Israeli Arab Bedouin Hisham al-Sayyid in 2015. Notably, in 2011, Israel released 1,027 Palestinians in exchange for Hamas' release of Israeli soldier Gilad Shalit, who had been captured in 2006.
Smoke and explosion following an Israeli bombardment inside the Gaza Strip, as seen from southern Israel, Sunday, Feb. 11, 2024.
6. Hamas insists on a paragraph from its previous document, which stresses the necessity of "returning the conditions of prisoners and detainees in Israeli prisons and detention camps to what they were before 7 October 2023, including those who were arrested after this date."
7. Hamas also adheres to the role of the United Nations Relief and Works Agency for Refugees (UNRWA).
8. The amendments call for "providing electricity around the clock in all areas of the Gaza Strip."
9. Hamas demands that at least 50 wounded military personnel be allowed to travel through the Rafah crossing for medical treatment, reinstating a number that Israel had removed.
10. Hamas rejects Israel's removal of the phrase "lifting the siege" and instead stipulates, in the second phase (also lasting 42 days), that the agreement must include ending the complete siege of the Gaza Strip, opening all border crossings, especially the Rafah crossing, and facilitating the movement of people and goods around the clock
11. Hamas insists that the United Nations be a guarantor and adds China, Turkey, and Russia to the existing guarantors, which include the United States, Qatar, and Egypt.
What are the parties' positions?
US Secretary of State Anthony Blinken recently toured the Middle East, visiting Egypt, Israel, and Qatar to support and implement the ceasefire agreement. However, he faced challenges as Hamas proposed changes to the proposal, some of which were deemed unimplementable.
In a press conference in Doha, Blinken expressed frustration, stating, "Hamas could have answered with one word: yes." Instead, he noted, "Hamas waited nearly two weeks and then proposed more changes, a number of which go beyond positions that it had previously taken and accepted."
Hamas is seeking written guarantees from the US for a permanent ceasefire and complete Israeli withdrawal from the Gaza Strip. The proposal includes three stages, each lasting 42 days, with a continuous ceasefire during negotiations.
Hamas has concerns about the transition from the first phase (six-week truce and hostage release) to the second phase (permanent ceasefire and Israeli withdrawal). To address this, the amendments stipulate that the framework agreement consists of three "connected and interconnected" stages.
Blinken emphasised that Washington and mediators will continue to bridge the gaps between Hamas and Israel, pushing forward with the agreement.
The Qatari Prime Minister and Foreign Minister confirmed on Wednesday a clear and firm call to end the war in Gaza. During a press conference in Doha with US Secretary of State Antony Blinken, Sheikh Mohammed bin Abdulrahman stated that the current proposal for a ceasefire in the Philadelphi Corridor is the best way to bridge the gaps between Hamas and Israel.
Blinken emphasised that Washington and mediators will continue to bridge the gaps between Hamas and Israel
"We are witnessing a shift in this conflict in the recent period, and there is a clear and firm call to end this war," Sheikh Mohammed said. When asked about the commitment of Israel and Hamas to the current proposal, he emphasised that pressure must be applied to both parties to reach an agreement.
Here is the full text of the draft agreement that President Biden announced on May 31, based on Israel's proposal on May 27:
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.
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.
A Palestinian man carries two water containers past destroyed buildings in Khan Yunis, in the southern Gaza Strip on June 11, 2024
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.
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 a final agreement.
The guarantors will ensure the continuation of indirect negotiations until both parties reach a final agreement.
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.
