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Israeli–Palestinian prisoner exchange

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During the Israel–Hamas war, a series of exchanges were made between Israel and Hamas to exchange militant-held hostages for Palestinian prisoners. The negotiations were brokered by Qatar, Egypt, and the United States, and were part of a broader temporary ceasefire agreement. In Israel the deal was called "Operation Heaven's Door" ( Hebrew: דלתות שמיים ), and the subprogram for the rehabilitation of foreign citizens was called "Operation "Friendly Hand" ( Hebrew: יד אחות ).

Israel released 240 Palestinian prisoners, 107 of whom were between 14 and 17 years old, and three-quarters of whom had not been convicted of a crime, although some were awaiting trial in a military court.[1] In exchange, Hamas released 105 civilians, which included 81 people from Israel, 23 Thais and one Filipino.[2]

Background

For broader coverage of this topic, see Palestinian prisoners in Israel, Israel–Hamas war hostage crisis, and Mass detentions in the Israel–Hamas war.

There is a history of captive exchanges in the Israeli–Palestinian conflict, the most notable being the Gilad Shalit prisoner exchange in 2011.[3][4]

Prior to the 2023 war, Israel held over 5,200 Palestinians as prisoners,[5] including at least 170 children.[6] About 1,310 Palestinians were held in Administrative detention, a practice that allows Israel to detain Palestinians indefinitely without charges or trial.[7][a] By November 2023, the number of Palestinian prisoners had increased to 10,000.[9] Following the deportation of several thousand detained Gazan workers, the Palestinian Commission for Detainees and Ex-Prisoners' Affairs placed the number at approximately 8,300.[10][11][12] Some have been convicted of terrorism by Israeli authorities; the United Nations Special Rapporteur on the occupied Palestinian territories describes many convictions as resulting from "a litany of violations of international law, including due process violations, that taint the legitimacy of the administration of justice by the occupying power."[13][14] In total, since 1967, Israel has arrested one million Palestinians; 40% of Palestinian males have been imprisoned by Israel at some point in their life.[6]

In November 2023, Palestinian militants held around 250 people from Israel, including Israeli nationals and non-Israelis following their capture during the Hamas-led attack on Israel.[15][16][17][13][18] Hamas officials listed the freeing of Palestinians from Israeli prisons as one of the primary motivations for the 7 October attack in Israel.[19]

Negotiations

For broader coverage of this topic, see 2023 Israel–Hamas ceasefire.

Hamas offered a deal dubbed as "everyone for everyone" or "all for all" — a release of all hostages being held in Gaza in exchange for Israel releasing thousands of Palestinians in Israeli prisons.[20][21]

On 13 November it was reported that Hamas had told Qatari mediators that the group was willing to release up to 70 women and children hostages held in Gaza for a five-day truce and the release of 275 women and children held by Israel.[22]

On 22 November it was announced that Israel and Hamas had reached an agreement about a cease fire and the release of 50 hostages, in response the Israeli government would release 150 Palestinian prisoners. Hamas has acknowledged children would be the main component of the hostages released.[23][24]

On 2 December, a few days after the ceasefire between Israel and Hamas collapsed, Deputy Hamas chief Saleh Al-Arouri stated that no more prisoners/hostages would be exchanged with Israel until there was a ceasefire in Gaza.[25]

Israeli release of prisoners

22-year old Palestinian woman Ahed Tamimi was released by Israel.

As part of the negotiated exchange, 150 Palestinian women and children were released from Israeli prisons over the course of days.[26] By 28 November 2023, 180 prisoners had been released, chosen from a list of 300 held Palestinians.[27] Notable prisoners released included Israa Jaabis and Ahed Tamimi.[28][29] Israeli authorities fired tear gas at buses carrying the released prisoners.[30] By the end of the temporary truce, Israel released 240 prisoners, of whom 107 were under 18 and three-quarters had not been convicted of a crime.[1]

The Palestinian Prisoners Society stated more Palestinians had been arrested than released since the start of the ceasefire.[31] Al Jazeera reported that for every Palestinian released, there is another Palestinian arrested.[32] On 27 February 2024, a teenage boy released during the prisoner swap was rearrested by Israeli forces.[33] On 21 March, another teenage boy released during the swap was re-arrested during a raid on his family home.[34]

On 12 August 2024, 18 year old Tariq Daoud, who was released during the swap, carried out a terror attack, shooting and seriously wounding an Israeli man along with two Palestinians. He was shot dead by Israeli forces. [35] On 15 August 2024, one of the prisoners released during the swap was killed in an Israeli drone strike, as he was attacking Israeli forces, during a counter-terrorism operation in the Balata refugee camp.[36]

Status of prisoners

Many Palestinian prisoners are held in Israel under administrative detention, arrested for crimes such as speech and nonviolent protest.[37] An estimated 2,000 Palestinians are held in Israeli prisons without any charges against them, and those who are charged face a more than 99% conviction rate in Israeli military courts.[38][39] Israeli authorities, however, have labeled all the released prisoners as "terrorists"; they had been detained for "offenses related to Israel’s security", from throwing stones to supporting terrorism and attempted murder.[40][41] Of the 300 prisoners initially proposed for release, 124 were under 18, and another 146 are 18, with many of those having turned 18 in prison. Of the 240 prisoners released 107 were aged between 14 and 17; 104 boys, of whom 5 were 14, and 3 girls, all 16 and 17. The remaining 133 were adults; 65 men, all aged 18 except one who turned 19 in prison, and 68 women of various ages.[42][40]

On 24 January 2024, Israel re-arrested a teenager who had been released as part of the swap, which sparked outrage amongst Palestinian groups, including the Palestinian Prisoners' Society which called the boy's re-arrest a "blatant violation" of the terms of the swap agreement.[43] According to Israel the seventeen year old had engaged in "terrorist activities" after his release.[44]

Descriptions of prison conditions

Further information: Mass detentions in the 2023 Israel–Hamas war § Allegations of torture and mistreatment, and Israeli war crimes § Abuse and sexual humiliation of detainees

The released prisoners described mistreatment and a lack of clean water and food in Israeli prisons.[45][46] One released prisoner stated "We've been tortured."[47] The released prisoners stated that conditions in Israeli prisons had worsened for Palestinians since the start of the conflict on 7 October, stating prison suppression units were beating prisoners daily.[48] A 17-year-old boy stated child inmates' blankets and pillows, spare clothes, and window coverings had been removed; Israel said that it was not aware of these claims, but claimed all basic rights accorded by the law had been applied and that "prisoners and detainees have the right to file a complaint which will be fully examined by official authorities".[49] A released female prisoner stated Israel had deprived inmates of food, medicine, and sleep.[50] One teenager described a prison doctor laughing when the boy asked for medicine for an arm injury.[51] Another teenage boy described being stripped naked and kicked by a prison officer wearing steel-toe boots.[52] Other released prisoners reported being tear-gassed, beaten, pepper-sprayed and threatened with guns.[53] Some, including the Palestinian writer and journalist Lama Khater, reported being threatened with rape and attacked by muzzled dogs.[54][55]

Amnesty International described "torture and other ill-treatment" in Israeli prisons since 7 October, and at least six inmates were killed.[56][57] An attorney at Addameer stated that since the 7 October attack, prisoners had been denied medical care, food and water, family visits, and lawyer visits.[58] The mother of one released Palestinian teenager called on the Red Cross to investigate Israeli prison conditions.[59] Testimony collected from released women by B'Tselem found they had faced extreme violence and even the threat of rape.[60]

Restrictions on speech and movement

The released Palestinian captives were warned by Israel in a statement from Israel's national security minister Itamar Ben Gvir, not to celebrate their release or they would be returned to prison.[61] The released prisoners were also barred from political activity, posting political content on social media, or going to any protests.[62] One released teenager was told by Israeli officials that he was "not allowed to leave my house, raise any signs or banners" and that if any of the rules were broken he could be re-arrested and leading up to his release his families home had been searched several times.[27] Israeli police fired tear gas on the families of prisoners and their supporters waiting outside Ofer Prison.[63] East Jerusalem residents reported a "crackdown" prior to the prisoners' release.[64] Israeli raids in Beitunia were reportedly conducted ahead of prisoner releases to prevent celebrations from taking place.[65]

Hamas release of hostages

Hostages released to the IDF on 25 November

On 24 November 2023, the Israeli government confirmed that 13 Israeli hostages were released.[66][67] Srettha Thavisin, the Prime Minister of Thailand, confirmed on social media that 12 Thai hostages were released from Gaza.[68] Later in the day it was reported that of the 24 hostages initially released on 24 November, the number included 13 Israeli citizens (of whom some were dual citizens), 10 Thai citizens and one Filipino citizen by the Qatar foreign ministry. Reportedly a number of Thai citizens were released outside of the truce agreement.[69] As of 30 November 2023, 105 civilians had been released, which included 81 people from Israel, 23 Thais and one Filipino.[2]

Handling of hostages

Hila Rotem, aged 13, embraced by her uncle, Yair Rotem, upon their reunion in the early hours of November 26, 2023, following her release. Her mother, Raya, remains a hostage in Gaza.

After being released hostages were transported through the Rafah checkpoint to Egypt before being transported to Israel. They are then taken to the Hatzerim base for processing and vetting before being triaged and sent to about 5 different hospitals. Specialists from the Israeli Ministry of Social Welfare and psychologists, developed instructions on how soldiers should behave in different situations when communicating with returned child hostages. A responder should not touch them without the child's consent, and to not answer the questions "Where is my mother? When will I see dad?" but state things such as: "Baby, honey, I'm sorry, I don’t know. My job is to bring you to Israel to a safe place where people you know will be waiting for you. They will answer all your questions." It was also suggested to use the child's name as much as possible when speaking to them.[70] Dietary guidelines were also created for those released and regulations about not questioning released children and only allowing female doctors to care for them were issued.[71]

Hostage conditions

Further information: 2023 Israel–Hamas war hostage crisis § Treatment of captives

The initial 24 hostages were all reported to be in "good condition"; later, it was reported that most were in good physical shape, but some had been ordered to remain in hospital.[72][73][74] Few of the released hostages have spoken of their experiences, but those who have recounted being kept in crowded spaces with little electricity and without mattresses. The hostages were fed in very sparse portions, with some being given a single piece of bread per day, or small amounts of chicken, rice, bread, canned hummus, cheese and tea.[75][76] Some child hostages were reportedly forced to watch footage of the 7 October Hamas attacks.[76] A 78-year-old released hostage told Channel 13, "We were OK."[77]

An 85-year-old woman stated to Time Magazine, "captives were treated well and received medical care, including medication. The guards kept conditions clean."[78] The aunt of a released 12-year old hostage said that the child was beaten by Hamas fighters, adding that crying children were threatened with guns to be silent.[79] According to a freed Thai hostage, the Israeli hostages held with him were abused by their captors, being beaten including with electrical cables. He added that they were all underfed, generally being given one pita a day, and were only allowed to shower once during the almost two months they were held;[80] according to the Israeli Health Ministry, some of the released elderly women had lost between 8 and 15kg during their time in captivity.[72]

The uncle of two child-hostages described them being "branded" with the exhaust pipe of a motorbike, in order to make it easier to recapture them should they escape,[81][82] as well as being drugged.[83] One of the hostages, Elma Avraham, went without her medication for 50 days; upon her release she was transferred to hospital "in a serious and life-threatening condition", with a pulse of 40 and a body temperature of 28 °C (82 °F); according to her daughter she was hours from death at the time she was released.[72][84] During a reportedly contentious meeting with Prime Minister Benjamin Netanyahu, one released hostage stated the hostages were "terrified that it would not be Hamas, but Israel, that would kill us."[85]

Holding locations

The hostages were held in a variety of locations; some were held in Hamas' tunnel network, while others were held in civilian residences, commandeered from or reportedly offered by the local population. One of the hostages described arriving in a house that had been abandoned so quickly by its residents that the washing machine was still running,[72] while another described being held in an attic by an UNRWA teacher and a third claimed they were held by a Gazan doctor.[86] UNRWA responded, calling the report unsubstantiated and demanding that it be deleted. According to The Jerusalem Post, a Community Note on Twitter described the reported assembly of rockets in UNRWA schools and UNRWA teachers reportedly celebrating the massacres committed by Hamas on 7 October.[87]

According to the Hostages and Missing Families Forum, female hostages were held in cages.[84]

See also

Notes

  1. ^ An additional 105 Palestinians were declared "unlawful combatants," an Israeli legal category which excludes the detained from prisoner of war status under article four of the Third Geneva Convention.[8]

References

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