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Analysis

BICOM Briefing: Israeli cabinet agrees prisoner releases, paving way for peace talks

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Key Points

  • The Israeli cabinet agreed on Sunday to release 104 Palestinian prisoners convicted of serious terror offences carried out before the signing of the 1993 Oslo Accords, meeting a key Palestinian demand for renewal of peace talks.
  • Those earmarked for release include individuals who carried out multiple killings of civilians (details below), making this a sensitive and controversial decision in Israel.
  • The cabinet also agreed draft legislation that would require a referendum in the case of future territorial withdrawals as part of an agreement with the Palestinians.
  • This decision comes ahead of a meeting of negotiators in Washington this week and is intended to pave the way for the resumption of final status negotiations, though doubts remain over the Palestinian readiness to begin talks.

 What has the Israeli cabinet decided?

  • After a lengthy debate, the Israeli cabinet on Sunday accepted Prime Minister Netanyahu’s proposal to release 104 Palestinian prisoners convicted of serious terror offences carried out before the signing of the 1993 Oslo Accords, meeting a key Palestinian demand for renewal of final status negotiations.
  • 13 ministers voted in favour, seven opposed, with two abstentions. Those in favour included ministers from Yesh Atid and Hatnua. Those opposing the decision included three ministers from the Jewish Home party. Ministers from Likud and Yisrael Beitenu were divided.
  • A subcommittee of five ministers will decide exactly who to release, when and to where.
  • The cabinet also agreed on draft legislation that would require any future territorial withdrawal to be endorsed by a referendum. This provides political cover for Jewish Home leader Naftali Bennett to remain in the government, despite his opposition to the prisoner releases, and any territorial concessions to the Palestinians.

 What is the significance of the prisoner releases?

  • Palestinian Authority President Mahmoud Abbas insisted on the release of all Palestinian prisoners convicted for terrorist offences carried out before the signing of the Oslo Accords in 1993, as one of a number of pre-conditions for resuming talks with Israel. (He also demanded Israel agree to a complete settlement freeze and accept the pre-1967 lines as the basis for negotiations.)
  • The release of the pre-Oslo prisoners will most likely be carried out in stages, in intervals of one month or more, contingent on diplomatic progress. As was done in previous releases of Palestinian prisoners, the names will be made public 48 hours in advance to allow time for Israelis opposed to the releases to petition the High Court.
  • At the signing of Oslo Accords in September 1993, many pre-Oslo prisoners were released and deported from Israel. However, some whose crimes were relatively recent or more serious offenses were not released. 
  • In Israel, the release of prisoners ‘with blood on their hands’ is extremely sensitive and controversial. Family members of the victims have appeared in the Israeli media in recent days to oppose the move. Opponents of the release argue that it was unjustified to release convicted terrorists just in order to get the Palestinians to agree to negotiate, with no certainty that a peace agreement would be reached.
  • Speaking after the cabinet meeting, Netanyahu stressed the difficulty of the decision, particularly in light of the pain caused to family members of the victims.

 What will happen in Washington this week?

  • US Secretary of State John Kerry announced last week that he had established a basis for a renewal of peace talks and that Israeli and Palestinian negotiators would meet in Washington.
  • Tzipi Livni, the Israeli Justice minister with responsibility for the peace talks, will travel to Washington with Netanyahu’s personal envoy Yitzhak Molcho, and are expected to meet with Palestinian negotiator Saeb Erekat on Tuesday.
  • It is understood that Israel is prepared to impose restraint on new settlement construction, without an explicit declaration. Israel is also apparently prepared for Kerry to refer to the 1967 lines, without Israel explicitly endorsing the position, if he also acknowledges Israel’s demand for recognition of Israel as a Jewish state. The Palestinians are expected to suspend their efforts to seek unilateral recognition at the UN and in other international forums.
  • Whilst Israel has confirmed their readiness to renew talks, the Palestinians have been more circumspect, with not all their demands having been met. It will remain for Tuesday’s meeting to confirm that a new basis for renewed talks has indeed been established. If so, it is expected that the side will agree to approximately nine months of talks.

 Who are the prisoners earmarked for release?

It is not clear which prisoners will be released at which stage in the process. However, the 104 releases approved by the government include:

  •  Amer Massoud Issa Rajib (Sentence: three life terms. Date of arrest: 19/05/93). With the help of his PFLP (Peoples Front for the Liberation of Palestine) cell, Rajib murdered an Israeli with an axe. He also kidnapped, interrogated and murdered three Palestinians suspected of being collaborators, and assaulted three Palestinians who, according to him, carried out ‘moral crimes’. Rajib also attacked IDF forces and aided the general activities of the PFLP.
  • Kamil Awad Ali Ahmad (Sentence: 16 life terms. Date of arrest: 29/09/93).Was part of a Fatah unit that carried out a shooting attack and a murder of an Israeli soldier. Ahmad was also part of a group that abducted, interrogated, tortured and murdered 15 local Palestinians that were suspected of collaborating with the Israeli authorities.
  • Isa Musa Isa Mahmud (Sentence: three life terms. Date of arrest: 30/06/93). Took part in the abduction and killing of an Israeli soldier who was on his way home from base. Mahmud also took part in the running over of two Israeli soldiers with the intention of killing them. In another incident Mahmud shot at a police car, killing two policemen that were in the vehicle. In another incident, he took part in shooting at a police car, which seriously injured one of the policemen. While in prison, he was part of Hamas and attempted to organise a terroristcell that aimed to abduct soldiers and carry out attacks.
  • Adam Abrahim Guma Juma’a and Abu-Harbish Salam Saliman Mahmud (Sentences: life terms. Dates of arrest: 31/10/98 and 31/10/98). Threw a Molotov cocktail on a passenger bus that resulted in the death of a mother, her three children and a soldier who tried to save them.
  • Tus Ahmad Abdel Hamid Mahmad (Sentence: Life term. Date of arrest: 06/10/85). Mahmad, as a commander of a Fatah terrorist group, carried out five attacks on civilian buses, injuring 16 passengers. In addition, under his command, the group murdered several Israeli civilians in a series of attacks.
  • Shamasna Yusuf Jawad (Sentence: four life terms. Date of arrest: 27/12/93). Together with an accomplice, Yusuf Jawad stabbed to death two Israeli youths who hitched a lift in his car, shot to death a taxi driver who was driving them to Abu Gosh and, shot dead a soldier who hitched a ride in his car.
  • Abu-Sitta Taleb Mohammed Ayman and Abu-Sitta Ahmed Sayid Aladin (Sentences: two life terms.  Dates of arrests: 24/01/94 and 03/01/94). Together broke into an apartment in Ramle and murdered two Israelis. Afterwards, mutilated the bodies and cut off their ears as proof of the action.
  • Salah Khalil Ahmad Ibrahim (Sentence: three life terms. Date of arrest: 09.07.1992). Ibrahim committed multiple break-ins and stabbing attacks. With an accomplice, he stabbed to death an elderly Israeli in Jerusalem. With his accomplice, Ibrahim also stabbed to death a local resident who he suspected of collaborating. In two separate cases, he tried to murder Israeli civilians in their homes but backed out fearing discovery.