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)
TT

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.



International Criminal Court’s Chief Prosecutor Meets with Syrian Leader in Damascus

This handout picture released by the Syrian Arab News Agency SANA, shows Syria's new leader Ahmed al-Sharaa (R) meeting with International Criminal Court (ICC) Prosecutor Karim Ahmad Khan in Damascus on January 17, 2025. (SANA / AFP)
This handout picture released by the Syrian Arab News Agency SANA, shows Syria's new leader Ahmed al-Sharaa (R) meeting with International Criminal Court (ICC) Prosecutor Karim Ahmad Khan in Damascus on January 17, 2025. (SANA / AFP)
TT

International Criminal Court’s Chief Prosecutor Meets with Syrian Leader in Damascus

This handout picture released by the Syrian Arab News Agency SANA, shows Syria's new leader Ahmed al-Sharaa (R) meeting with International Criminal Court (ICC) Prosecutor Karim Ahmad Khan in Damascus on January 17, 2025. (SANA / AFP)
This handout picture released by the Syrian Arab News Agency SANA, shows Syria's new leader Ahmed al-Sharaa (R) meeting with International Criminal Court (ICC) Prosecutor Karim Ahmad Khan in Damascus on January 17, 2025. (SANA / AFP)

The International Criminal Court’s chief prosecutor Karim Khan made an unannounced visit Friday to Damascus to confer with the leader of Syria’s de facto government on how to ensure accountability for alleged crimes committed in the country.

Khan's office said he visited at the invitation of Syria’s transitional government. He met with Ahmad al-Sharaa, the leader of Syria’s new administration and the foreign minister to discuss options for justice in The Hague for victims of the country's civil war, which has left more than half a million dead and more than six million people displaced.

Assad, who fled to Russia in December, waged an oppressive campaign against anyone who opposed him during his more than two decades in power.

Rights groups estimate at least 150,000 people went missing after anti-government protests began in 2011, most vanishing into Assad’s prison network. Many of them were killed, either in mass executions or from torture and prison conditions. The exact number remains unknown.

The global chemical weapons watchdog found Syrian forces were responsible for multiple attacks using chlorine gas and other banned substances against civilians.

Other groups have also been accused of human rights violations and war crimes during the country’s civil war.

The new authorities have called for members of the Assad regime to be brought to justice. It is unclear how exactly that would work at this stage.

Syria is not a member of the ICC, which has left the court without the ability to investigate the war. In 2014, Russia and China blocked a referral by the United Nations Security Council which would have given the court jurisdiction. Similar referrals were made for Sudan and Libya.

Khan's visit comes after a trip to Damascus last month by the UN organization assisting in investigating the most serious crimes in Syria. The International, Impartial and Independent Mechanism for Syria was created to assist in evidence-gathering and prosecution of individuals responsible for possible war crimes, crimes against humanity and genocide since Syria’s civil war began in 2011.

The group's head, Robert Petit, highlighted the urgency of preserving documents and other evidence before they are lost.