Israel-Hamas Ceasefire Deal Compared to Swiss Cheese, Full of Gaps

Israelis block road in Jerusalem, demanding agreement implementation and hostage release (AFP)
Israelis block road in Jerusalem, demanding agreement implementation and hostage release (AFP)
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Israel-Hamas Ceasefire Deal Compared to Swiss Cheese, Full of Gaps

Israelis block road in Jerusalem, demanding agreement implementation and hostage release (AFP)
Israelis block road in Jerusalem, demanding agreement implementation and hostage release (AFP)

The ceasefire and prisoner exchange deal reached between Israel and Hamas on Wednesday evening is facing a crisis that could prevent it from going forward before it gets Israeli approval or is put into effect.
The agreement is full of gaps, much like Swiss cheese. Despite outlining three phases aimed at bringing the war to a close, it is accompanied by Israeli military actions that continue to claim dozens of lives in Gaza.
Asharq Al-Awsat reviewed the deal’s terms and the different interpretations from both sides.
The first issue comes from the opening of the agreement’s appendix: Practical procedures and mechanisms to implement the agreement for the exchange of Israeli hostages and Palestinian prisoners and the return to a sustainable calm which would achieve a permanent ceasefire between the two sides.
What does “sustainable calm” mean? In Israel, officials say it means Israel has the right to resume fighting after the first phase. Palestinians, however, claim US President-elect Donald Trump’s administration has promised the war won’t restart. Both sides interpret the term differently.
The goal of the agreement is clear: release all Israeli prisoners—alive or dead—captured by Palestinians. In return, Israel will release a “negotiated number” of Palestinian prisoners.
The exchange is set to begin on “Day One,” the day the ceasefire takes effect, but it's still unclear when that will be.
In the first phase (42 days), the agreement calls for “a temporary halt to military operations by both sides and the withdrawal of the Israeli army eastward” from “high-population areas along the Gaza border, including the Gaza Valley.”
Hamas claims the maps provided for this were incomplete.
Even though the agreement mentions “the return of displaced people to their homes and withdrawal from Gaza Valley,” people will have to walk several kilometers and vehicles will be inspected, which could lead to disagreements and clashes.
As for humanitarian aid, the agreement allows for its entry starting on “Day One” (600 trucks daily, including 50 fuel trucks, with 300 heading to northern Gaza).
This includes fuel for the power plant and equipment for debris removal, rehabilitation, and hospital operations.
But the agreement doesn’t clarify how the aid will be distributed or who will control it. Will Hamas continue to oversee it? Will Israel agree? If Hamas takes charge, what happens then? This could lead to further complications.
The criteria for the first phase of the prisoner exchange are clear, but the agreement states that “the prisoner exchange terms for the first phase will not apply to the second phase.”
Hamas wants more Palestinian prisoners released, but Israel rejects this. If disagreements have arisen over clear criteria in the first phase, what will happen when the criteria are more vague?
The agreement sets a deadline of “Day 16” for indirect talks to finalize the conditions for the second phase, particularly regarding the prisoner exchange.
One clause is seen by Israel as not requiring it to carry out the second phase, while Hamas views it as a guarantee to prevent the war from restarting. The clause states: “Qatar, the US, and Egypt will make every effort to ensure continued indirect negotiations until both sides agree on the terms for the second phase.”
However, the phrase “make every effort” does not create a binding legal obligation.
The agreement is full of gaps that could become major problems for both sides. While this doesn’t mean the deal should be dismissed, it shows that many parts of the agreement are fragile and depend on mutual trust and good intentions—both of which are lacking in this region.



ICC Prosecutor Sees 'No Real Effort' by Israel to Probe Gaza War Crimes

International Criminal Court (ICC) Prosecutor Karim Khan attends an interview with Reuters in The Hague, Netherlands January 16, 2025. REUTERS/Piroschka van de Wouw
International Criminal Court (ICC) Prosecutor Karim Khan attends an interview with Reuters in The Hague, Netherlands January 16, 2025. REUTERS/Piroschka van de Wouw
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ICC Prosecutor Sees 'No Real Effort' by Israel to Probe Gaza War Crimes

International Criminal Court (ICC) Prosecutor Karim Khan attends an interview with Reuters in The Hague, Netherlands January 16, 2025. REUTERS/Piroschka van de Wouw
International Criminal Court (ICC) Prosecutor Karim Khan attends an interview with Reuters in The Hague, Netherlands January 16, 2025. REUTERS/Piroschka van de Wouw

International Criminal Court Prosecutor Karim Khan has defended his decision to bring war crimes allegations against Israel's prime minister, saying Israel had made "no real effort" to investigate the allegations itself.

In an interview with Reuters, he stood by his decision over the arrest warrant despite a vote last week by the US House of Representatives to sanction the ICC in protest, a move he described as "unwanted and unwelcome.”

ICC judges issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli defense chief Yoav Gallant and Hamas leader Ibrahim Al-Masri last November for alleged war crimes and crimes against humanity during the Gaza conflict.

The Israeli prime minister's office did not immediately respond to a request for comment on Khan's remarks to Reuters.

Israel has rejected the jurisdiction of the Hague-based court and denies war crimes. The United States, Israel's main ally, is also not a member of the ICC and Washington has criticized the arrest warrants against Netanyahu and Gallant.

"We're here as a court of last resort and ...as we speak right now, we haven't seen any real effort by the State of Israel to take action that would meet the established jurisprudence, which is investigations regarding the same suspects for the same conduct," Khan told Reuters.

"That can change and I hope it does," he said in Thursday's interview, a day after Israel and the Palestinian militant group Hamas reached a deal for a ceasefire in Gaza.

An Israeli investigation could have led to the case being handed back to Israeli courts under so-called complementary principles. Israel can still demonstrate its willingness to investigate, even after warrants were issued, he said.

The ICC, with 125 member states, is the world's permanent court to prosecute individuals for alleged war crimes, crimes against humanity, genocide and aggression.

Khan said that Israel had very good legal expertise.

But he said "the question is have those judges, have those prosecutors, have those legal instruments been used to properly scrutinize the allegations that we've seen in the occupied Palestinian territories, in the State of Palestine? And I think the answer to that was 'no'."

Passage of the "Illegitimate Court Counteraction Act" by the US House of Representatives on Jan. 9 underscored strong support for Israel's government among President-elect Donald Trump's fellow Republicans.

The ICC said it noted the bill with concern and warned it could rob victims of atrocities of justice and hope.

Trump's first administration imposed sanctions on the ICC in 2020 over investigations into war crimes in Afghanistan, including allegations of torture by US citizens. Those sanctions were lifted during Joe Biden's presidency.

Five years ago, then-ICC prosecutor Fatou Bensouda and other staff had credit cards and bank accounts frozen and US travel impeded. Any further US sanctions under Trump would be widely expected to be more severe and widespread.

The ICC, created in 1998, was intended to assume the work of temporary tribunals that have conducted war crimes trials based on legal principles established during the Nuremberg trials against the Nazis after World War Two.

"It is of course unwanted and unwelcome that an institution that is a child of Nuremberg ...is threatened with sanctions. It should make people take note because this court is not owned by the prosecutor or by judges. We have 125 states," Khan said.

It "is a matter that should make all people of conscience be concerned," he said, declining to discuss further what sanctions could mean for the court.