The Victory for Palestine and Israel

The only way that Israel can return all of the hostages from Gaza alive is by the “all for all” deal with Hamas. All of the hostages, estimated at 129 today believed to be alive in exchange for all of the Palestinians in Israeli prisons. There are about 8000 Palestinian prisoners now in Israeli jails.  Of these 559 are serving life sentences for killing Israelis and another 130 terrorists who were caught in Israel on October 7-9.  Israel has also arrested several hundred Hamas fighters in Gaza and brought them into Israel. 

Many of the current Hamas leaders responsible for the terrorist atrocities inside of Israel on October 7 were released in the exchange for Israeli soldier Gilad Schalit in 2011 who was in Hamas captivity for more than five years. This compounds the difficulty of making the decision to release so many killers of Israelis from Israeli prisoners. Such a release would definitely be an enormous victory for Hamas. But there is no victory for Israel if all of the hostages are not brought home alive. This is the moral responsibility of the government of Israel which failed to protect its citizens on October 7. 

Of the 8000 Palestinian prisoners one is critically important in the days after the war. Marwan Barghouthi, the former leader of the Fatah faction in the Palestinian Legislative Council was arrested in 2002 and sentenced to five consecutive life sentences plus 40 years for leading the second intifada. He was convicted of five counts of murder. He has been in prison since then. Barghouthi refused to present a defense in his trial maintaining that the trial was illegal and illegitimate.   

In Palestinian public opinion polls over the last decades Barghouthi is the only candidate for Palestinian president that continually defeats every other potential candidate. Marwan Barghouthi was behind the Prisoners' Document written in May 2006 and by all Palestinian factions including Hamas. This document is still a potential basis for unifying Palestinian leadership in the post-war reality. Perhaps the only Palestinian leader who can build unity is Marwan Barghouthi. 

If Barghouthi is released in a deal with Hamas, he will be indebted to Hamas and that is bad for Palestine and for Israel. Before the second intifada I spent hundreds of hours in dialogue with Marwan. I have stayed in contact with him over the past 22 years through his lawyer. I know that he continues to support the two states solution and believes that the best outcome for Palestine and Israel would reached be through a negotiated agreement. 

Everyone is asking who can rule and control Gaza after the war. In the interim period, the period of stabilization and the beginning of reconstruction will have to be undertaken by a combination of Arab countries supported by additional countries. No Arab soldier or other soldiers will enter Gaza without the invitation and lead by the Palestinians. Palestinian security forces must be part of a multi-national force that would enable Israel to withdraw to the international border. 

That is only possible if there is a Palestinian leader who can bring about Palestinian unity and make a commitment to demilitarization. That leader may very well be Marwan Barghouthi. There is no good scenario for Israel after this war if Israel intends to remain in Gaza. Gaza might be largely demilitarized by the Israeli army and Hamas may be unable to govern Gaza. But if Israel remains in Gaza, trying to create a local administration based on clan leaders, Palestinian insurgency against Israel will be definite. A Palestinian local administrative body that would collaborate with the Israeli occupation of Gaza would be labeled as traitors by most Palestinians and would also face threats of death making that administration non-existent in a very short time. 

The Palestinians need new leadership who will make Palestine real which means negotiating with Israel. Israel needs engage with Barghouthi now while he is in prison. I believe that it would be possible reach understandings with Barghouthi whereby he will not be considered a collaborator with the Israeli occupation in exchange for his freedom. One of the tenants of the understandings between Israel and Barghouthi should be his declaration of support for the two-states solution and the abandonment of the armed struggle.  At the same time Barghouthi should call on the international community to recognize the State of Palestine. Barghouthi needs to assure his people that his release includes the removal of Israel’s veto on Palestinian statehood. 

The current Netanyahu government will not do this. But soon after the war is over Netanyahu will face his day of reckoning with the people of Israel and he will be finally held responsible for his failures including the worst disaster in Israel’s 75 years history.  Israel will enter into a new round of elections and at that time it is essential that the international community raises its voice in support of the release of Marwan Barghouthi so that the Palestinian people can have a leader to unify them in the implementation of the two-states solution. 

The only victory in this horrific war is one where Palestinians and Israelis get back to working on the resolution of this conflict.

The writer is a political and social entrepreneur who has dedicated his life to peace between Israel and her neighbors. He is a founding member of “Kol Ezraheiha - Kol Muwanteneiha” (All of the Citizens) political party in Israel. He is now the Middle East Director for ICO - International Communities Organization, a UK based NGO.