Palestinian Resistance's Response to 'Israel's' Ceasefire Proposal

By Al Mayadeen English

14 Jun 2024 11:20

Al Mayadeen obtains a document outlining the fundamental principles of the Palestinian Resistance's response to the Israeli proposal, as presented by US President Joe Biden, regarding the ceasefire agreement in the Gaza Strip.

After the Palestinian Resistance in the Gaza Strip recently submitted its response to the American proposal for a ceasefire, including comments and amendments reflecting its conditions, Al Mayadeen acquired a document outlining the basic principles of the response document.

Here is the text of the Resistance's response:

Here are the foundational principles for an agreement between the Israeli and Palestinian sides in Gaza concerning the exchange of detainees and prisoners, as well as achieving sustainable calm.

This text outlines the fundamental principles for an agreement, referencing the Palestinian response to the Israeli proposal dated May 6, 2024.

The framework aims to release all Israeli captives in the Gaza Strip, including civilians and soldiers, regardless of their status (alive or deceased) or the duration of their detention. In exchange, there would be a reciprocal release of an agreed-upon number of prisoners held in Israeli prisons, to achieve a state of calm.

To achieve a permanent ceasefire, the following steps are proposed: the withdrawal of Israeli forces from the Gaza Strip, the reconstruction of Gaza, and the lifting of the blockade. This includes opening all border crossings to facilitate the movement of residents and unrestricted transport of goods.

The framework agreement consists of three related and interconnected stages as follows:

The first phase (42 days)

1. Both parties agree to temporarily cease military operations, with Israeli forces withdrawing eastward and away from densely populated areas to position themselves along the border throughout the Gaza Strip. This includes the Philadelphi Axis and the Gaza Valley (Netzarim Axis and the Kuwait roundabout), as outlined below.

2. Temporary cessation of flights (both military and reconnaissance) over the Gaza Strip daily, to be restricted to 10 hours, extended to 12 hours on days designated for the exchange of captives and prisoners.

3. The agreement includes provisions for returning displaced individuals to their respective areas of residence, along with the withdrawal of forces from the Philadelphi axis and Gaza Valley (specifically the Netzarim axis and the Kuwait roundabout).

 On the third day (following the release of three detainees), Israeli forces will fully withdraw from the Rafah crossing, the entire Philadelphi Axis, and eastward from al-Rashid Street to Salah al-Din Street. All military sites and installations in the area will be dismantled by no later than the seventh day. From the first day, displaced individuals will begin returning to their residences (without carrying weapons), and residents will enjoy unrestricted movement throughout the Gaza Strip. Additionally, humanitarian aid will enter via al-Rashid Street from the outset without restrictions.

By the 22nd day, Israeli forces will withdraw from the central areas of the Gaza Strip, specifically the Netzarim Axis and the Kuwait Roundabout axis, to a nearby border area. All military sites and installations in this zone will be dismantled. Displaced individuals will continue returning to their residences throughout the Gaza Strip, without carrying weapons, with a focus on facilitating their return from the South to the North. The agreement ensures unrestricted freedom of movement for the population across all areas of the Gaza Strip.

From the first day onwards, a substantial amount of humanitarian aid, relief materials, and fuel will be delivered, totaling 600 trucks daily. This includes 50 fuel trucks, with 300 allocated for the northern regions. The aid will support the operation of power stations and trade activities, and provide equipment for rubble removal, hospital rehabilitation, and operational needs across Gaza's health services and bakeries. This humanitarian assistance will be sustained throughout all phases of the agreement.

4. Prisoner-captive exchange between both sides:

During this initial phase, Hamas will release 32 Israeli captives, including both living individuals and the remains of the deceased. This group includes women (both civilians and female soldiers), children (under 19 years who are not conscripts), elderly individuals (over 50 years old), and civilians who are sick or wounded. In exchange, an agreed number of prisoners held in Israeli prisons and detention centers will be released.

Hamas would release all living Israeli captives, which includes civilian women and children (under 19 years old who are not conscripts). In return, "Israel" agrees to release 30 women and children for each Israeli captive released, based on lists provided by Hamas, according to their date of capture.

Hamas would release all living Israeli detainees, including elderly individuals (over 50 years old) and sick or wounded civilians. In exchange, "Israel" agrees to release 30 elderly individuals (over 50 years old) and any sick or wounded civilian detainees for every Israeli captive, based on lists provided by Hamas sorted by the oldest arrests.

Hamas would release all living Israeli female captives and recruits, in exchange for "Israel" releasing 50 detainees from its prisons for every Israeli female captive released (30 sentenced to life, 20 to other sentences) based on lists provided by Hamas.

5. Mechanism for exchanging detainees and prisoners between the two parties during the first phase:

By the third day, Hamas will release three Israeli captives, prioritizing civilians. By the seventh day, Hamas will release three Israeli captives, prioritizing civilians.

Afterward, Hamas will release three Israeli detainees every seven days, beginning with women (both civilians and soldiers, if possible), and prioritizing all living detainees for release before addressing the transfer of body parts and remains of the deceased.

In return, “Israel” will release the agreed-upon number of detainees in Israeli prisons for every Israeli captive who is released, provided that this happens simultaneously and on the same day according to the lists that Hamas will provide.

During the sixth week, Hamas will release the remaining detainees included in this stage. In exchange, the agreed-upon number of detainees will be released from Israeli prisons simultaneously and on the same day, based on lists provided by Hamas.

By the seventh day, Hamas will disclose the available information regarding the number of Israeli detainees to be released in this phase, contingent upon "Israel" providing adequate information to Hamas and relevant international authorities regarding Palestinian prisoners and detainees from the Gaza Strip, particularly those arrested after October 7, 2023.

On the 22nd day, "Israel" will release all detainees who were re-detained following the Gilad Shalit deal.

If the number of Israeli detainees to be released in this stage does not reach 32, Hamas will supplement the release with body parts or remains of the deceased from the same categories outlined for this stage. In exchange, "Israel" will release all women, children (under 19 years old), patients, and elderly individuals (over 50 years old) who were arrested from the Gaza Strip after October 7, 2023.

This exchange is expected to occur during the fifth week of this phase.

The standards and criteria for a prisoner-captive exchange in this stage will apply to the two individuals, Hisham al-Sayyed and Avera Mengistu if they are confirmed to be alive.

The exchange process is contingent upon adherence to the terms of the agreement, which include halting military operations by both parties, withdrawing Israeli forces along the border including the Philadelphi Axis and Rafah crossing, facilitating the return of displaced persons to their homes, and ensuring the unrestricted entry of humanitarian aid.

6. The Palestinian detainees who are liberated will not be re-detained on the same charges for which they were initially detained. "Israel" will not reincarcerate these prisoners to serve the remainder of their sentences, nor will they require them to sign any documents as a condition for their release. These measures will be accompanied by necessary legal procedures to ensure compliance with these terms.

Restoring the conditions of prisoners and detainees in Israeli prisons and detention camps to what they were before October 7, 2023, including those who were arrested after this date.

7. The principles and criteria for exchanging detainees and prisoners in the first phase mentioned above do not serve as the basis for negotiating the exchange criteria in the second phase.

8. By the 16th day at the latest, indirect discussions will commence between the two parties to finalize the criteria for exchanging detainees, including conscripts and remaining individuals, for the second phase. This process must be completed and agreed upon before the end of the fifth week of this phase.

9. The United Nations, its agencies (including UNRWA), and other organizations will actively engage in providing humanitarian services across all areas of the Gaza Strip, a commitment that will be sustained throughout all stages of the agreement.

10. Infrastructure rehabilitation (including electricity, water, sewage, communications, and roads) across all areas of the Gaza Strip will commence immediately from day one. Necessary equipment for civil defense, public works, and municipal services will be deployed for debris removal and reconstruction, a process that will persist throughout all phases of the agreement.

11. The necessary supplies and resources will be provided to accommodate displaced persons who lost their homes during the war, ensuring a minimum of 60,000 temporary homes and 200,000 tents. 

12. An agreed-upon number of wounded soldiers will be permitted to travel (at least 50 per day) through the Rafah crossing. Restrictions on travel will be lifted, and the movement of goods and trade will resume from the first day of this phase.

13. Arrangements and plans are underway for the reconstruction of homes, civilian facilities, and infrastructure destroyed during the war. Those affected will receive support and compensation under the supervision of several countries and organizations, including Egypt, Qatar, and the United Nations.

14. All procedures from this stage will carry over into the second stage, encompassing temporary cessation of military operations by both parties, relief efforts, shelter provisions, withdrawal of Israeli forces, cessation of flights, and more, until a sustainable calm is declared, marking a permanent cessation of military and hostile operations that comes into effect.

Negotiations will persist under the guarantee of mediators until both parties agree on the criteria for exchanging captives and detainees during the second phase.

The second phase (42 days):

15. Announcing the restoration of sustainable calm, which signifies a permanent cessation of military and hostile operations, will take effect before the captive-prisoner exchange between the two parties.

This exchange will involve all remaining Israeli male captives who are alive (both civilians and soldiers), in exchange for an agreed-upon number of detainees from Israeli prisons and detainees from Israeli detention centers. Additionally, it includes the complete withdrawal of Israeli forces from the Gaza Strip.

The third phase (42 days):

16. Both parties will exchange all body parts or remains of the deceased after their arrival and identification.

17. Initiate the Gaza Strip reconstruction plan, scheduled to span three to five years, encompassing the rebuilding of homes, civilian facilities, and infrastructure to support and compensate all affected groups. This effort will be overseen by several countries and organizations, including Egypt, Qatar, and the United Nations.

18. Ending the complete siege of the Gaza Strip entails opening all border crossings, notably the Rafah crossing, to facilitate the movement of residents and goods. Additionally, ensuring uninterrupted electricity supply throughout all areas of the Gaza Strip is paramount.