Hamas Will Not Release 4 Israeli Prisoners without Swap Deal

Hamas politburo chief Ismail Haniyeh. (AFP)
Hamas politburo chief Ismail Haniyeh. (AFP)
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Hamas Will Not Release 4 Israeli Prisoners without Swap Deal

Hamas politburo chief Ismail Haniyeh. (AFP)
Hamas politburo chief Ismail Haniyeh. (AFP)

Hamas will not release four Israeli soldiers captured in the Gaza Strip without a deal to release Palestinian political prisoners held by Israel, announced the movement's politburo chief Ismail Haniyeh.

Speaking at the 12th Pioneers of Jerusalem Conference in Istanbul, Haniyeh reaffirmed that the issue of Palestinian prisoners held in Israeli jails is a top priority for the movement.

Haniyeh's statement confirms that Hamas is proceeding with a separate exchange deal.

Hamas informed Egypt, which is mediating the talks, that it is ready for an exchange deal, whether comprehensive or over two stages. Hamas has requested the release of more than 100 prisoners.

The movement proposed a two-stage deal. The first includes the release of two Israeli civilian prisoners, Avera Mengistu and Hisham al-Sayed, and information about soldiers Oron Shaul and Hadar Goldin in exchange for the release of Palestinian prisoners.

The second stage negotiates the release of 800 Palestinian prisoners in exchange for Israeli soldiers. Tel Aviv did not respond to that.

There are four Israelis held by Hamas in Gaza, including Shaul and Goldin, who were captured by the movement in the war that broke out in the summer of 2014. Israel believes they are dead. However, Hamas does not provide any information about their fate.

Hamas is also detaining Mengistu, an Israeli of Ethiopian descent, and Sayyid, of Arab descent. Both crossed Gaza borders at two different times after the war.

There are about 4,500 Palestinian prisoners in Israeli prisons.

Israel refuses to release prisoners with "blood on their hands," a top priority for Hamas, known as the VIP list.

Israeli sources said Prime Minister Naftali Bennett fears his coalition will collapse if he takes a step that includes the release of senior prisoners.



Constitutional Path for Aoun’s Presidential Election in Lebanon

Lebanese Army Commander Gen. Joseph Aoun (Reuters)
Lebanese Army Commander Gen. Joseph Aoun (Reuters)
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Constitutional Path for Aoun’s Presidential Election in Lebanon

Lebanese Army Commander Gen. Joseph Aoun (Reuters)
Lebanese Army Commander Gen. Joseph Aoun (Reuters)

Gen. Joseph Aoun currently leads the race for Lebanon's presidency, but some warn his election could be unconstitutional because he holds a “Class A” position, requiring his resignation two years before running.
However, his supporters point to the 2008 election of Gen. Michel Suleiman, who was also army commander at the time, as a precedent. They argue the reasons given for Suleiman’s election should apply to Aoun as well.
At the time, Speaker Nabih Berri argued that the support of over 86 lawmakers for Suleiman made his election constitutional, as any constitutional amendment requires 86 votes.
MP Gebran Bassil, leader of the Free Patriotic Movement, continues to argue that Aoun’s election is unconstitutional under the current process.
He recently stated that constitutional amendments require a president, a functioning parliament, and a fully empowered government. The process also needs two steps: a two-thirds majority in the first vote and a three-quarters majority in the second.
Bassil’s argument is based on Articles 76 and 77 of the constitution, which say amendments can only be proposed by the president or parliament, but only during a regular session — which ended in December.
Dr. Paul Morcos, head of the “JUSTICIA” legal foundation in Beirut, told Asharq Al-Awsat that in 2008, parliament used Article 74 of the constitution to bypass the amendment to Article 49.
He explained that Gen. Suleiman’s election was considered an exception to the rule requiring military officials to resign six months before running for president, due to the presidential vacancy after President Emile Lahoud’s term ended in 2007.
Morcos added that the same reasoning could apply to Gen. Aoun’s potential election as president.