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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)
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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.

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Cairo May Request Extradition of Qaradawi’s Son from Abu Dhabi

Umayyad Square in Damascus (Reuters)
Umayyad Square in Damascus (Reuters)
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Cairo May Request Extradition of Qaradawi’s Son from Abu Dhabi

Umayyad Square in Damascus (Reuters)
Umayyad Square in Damascus (Reuters)

As Lebanese authorities proceed with the deportation of Egyptian activist Abdel Rahman al-Qaradawi, the son of the late cleric Yusuf al-Qaradawi, to the United Arab Emirates, an Egyptian source involved in the case told Asharq Al-Awsat that Cairo plans to formally request his extradition from Abu Dhabi once he arrives there.

Controversy has surrounded the case since Lebanon announced that the government had approved the deportation of Qaradawi to the UAE instead of Egypt, where he holds citizenship.

Former Lebanese Foreign Minister Adnan Mansour explained to Asharq Al-Awsat that citizenship is not an obstacle in extradition cases between countries, saying that a state may decide to extradite a person to another country even if they hold the nationality of a third state, as in the case of Qaradawi’s son.

According to Lebanese sources, the decision to extradite Qaradawi to the UAE is based on a warrant issued by the Council of Arab Interior Ministers. As a member of the council, Lebanon is obligated to comply with the UAE’s request, despite the absence of a direct bilateral extradition agreement between the two countries.

Additionally, the extradition decision was influenced by the fact that the charges against Qaradawi are criminal, not political, as political charges would prevent extradition and instead warrant protection under international conventions.

An Egyptian judicial source told Asharq Al-Awsat that the International Cooperation Office of Egypt’s Public Prosecutor had prepared a comprehensive file containing all rulings issued against Qaradawi to ensure that the extradition request met all legal requirements. This file was sent to Lebanese judicial authorities through official channels. However, Egypt has yet to receive a response from Lebanon, though one is expected in the coming days.

Dr. Mohammed Mahmoud Mehran, a member of the American and European societies for international law, told Asharq Al-Awsat that international law generally allows extradition when the individual is either a citizen of the requesting state, has committed a crime on its territory, or when the requesting state has a direct legal interest in the case.

As Qaradawi is an Egyptian citizen, Egypt “has the legal right to request his extradition under international law and bilateral agreements, provided all legal conditions are met,” Mehran said.

Meanwhile, Qaradawi’s lawyer, Mohammed Sablouh, confirmed plans to file an urgent appeal in Lebanese courts to prevent his client’s extradition, according to Reuters. Mehran explained that extradition laws grant the individual the right to appeal in court, while the requesting states also have the right to challenge decisions.

Mehran suggested that if Qaradawi is ultimately handed over to the UAE, it is highly likely he will later be extradited to Egypt after procedural requirements in the Emirates are fulfilled. This is due to the strong bilateral relations and close security coordination between Egypt and the UAE.

Abdel Rahman al-Qaradawi, who holds dual Egyptian and Turkish citizenship, was arrested in Lebanon on December 28 after returning from Syria. His arrest followed an Interpol red notice issued based on an in absentia ruling by an Egyptian court sentencing him to five years in prison for spreading false news, inciting violence, and terrorism. Before his arrest, Qaradawi appeared in a video filmed at the Umayyad Mosque in Damascus, where he made remarks considered offensive to both Egypt and the UAE.