The ethical quandary underlying the hostage agreement

Frida Ghitis, a former CNN producer and correspondent and a world affairs columnist, is a weekly opinion contributor to CNN, a contributing columnist to The Washington Post, and a columnist for World Politics Review. The views expressed in this commentary are her own. View more opinion on CNN.

The announcement of an agreement between Israel and Hamas to release around 50 women and children captured by Hamas during their brutal October 7 attack in southern Israel, in exchange for a 4-day truce in Israel's ground and air operation, is the first positive development in six weeks for the relatives of over 200 people abducted by the radical Islamist group ruling Gaza.

Frida Ghitis

The news is definitely a relief for the civilians in Gaza, who will appreciate the other aspects of the agreement, such as the higher volume of humanitarian aid being sent into the area and the anticipated liberation of 150 Palestinians from Israeli prisons - three for each hostage released. Additionally, there is potential for the ceasefire to be extended by a day for every ten hostages.

Israel's Supreme Court will review all petitions against the agreement, and once approved, hostages, expected to mainly be children, could begin returning home by Thursday. However, the deal is not without its complexities and is cause for concern for both Palestinians and Israelis.

The war is ongoing, and the agreement arguably empowers Hamas, allowing them to take credit, regroup, and reinvigorate. Despite any feelings Palestinians may have toward the organization responsible for the recent violence, there are few who openly criticize Hamas in Gaza. It is clear that as long as this group remains in power, the future looks bleak for Gazans.

For Israel, the deal is a bitter pill to swallow. Negotiating with a terrorist organization that has recently killed and harmed more than 1,000 of the country's citizens and is dedicated to the destruction of Israel, consistently reaffirming that goal, is not only difficult, but presents a moral and strategic dilemma of the highest magnitude.

U.S. President Joe Biden gives a televised speech to the nation from the Oval Office of the White House in Washington, D.C. on October 19, 2023. During his address, he discusses his administration's strategies for addressing the Israel-Hamas conflict, providing humanitarian aid to Gaza, and offering ongoing support to Ukraine in its conflict with Russia. The event was captured by REUTERS photographer Jonathan Ernst.

Jonathan Ernst/Reuters

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Israel has previously paid a heavy price for similar actions.

In 2006, Israeli Cpl. Gilad Shalit was kidnapped, and in 2011, the government made the decision to release over 1,000 Palestinian prisoners in exchange for his freedom. Upon Shalit's release after five years in captivity, one of the prisoners freed in the deal was Yahya Sinwar.

Sinwar now leads Hamas in Gaza and is thought to be the architect behind the October 7 attack which resulted in the deaths of approximately 1,200 people in Israel - the most Jews killed in a single day since the Holocaust. However, the decision to make the trade was the right one. Israel has a history of making great efforts to save its citizens, even if the trade ultimately leads to further loss of life, as the painful deal is an integral part of the nation's identity.

The events of October 7th shook the foundation of a long-standing tradition. Nearly every Israeli has a connection to someone who was affected by the tragic events - whether it be through loss, kidnapping, or knowing someone who lost a loved one.

As time has passed, Israelis have been uncovering the true extent of the horror that unfolded on that fateful day. It wasn't just a massacre; it was a brutal and merciless spree of violence. Disturbing footage from Hamas fighters' body cameras captured the ruthless slaughter of entire families. Israeli investigators also reported witnessing the unimaginable, including the discovery of small children burned alive and bodies that were horrifically mutilated.

Israel is gathering evidence of sexual assaults and has obtained Hamas' recorded evidence of dismemberment and decapitation. The nation is deeply affected by the reports of rapes and is focused on supporting the victims and their families. The country is filled with anger and sorrow.

This information does not encourage negotiations with the perpetrators.

Frida Ghitis

Its not the kind of information that compels a nation to seek negotiations with the perpetrators.

Hamas leaders have reasserted their commitment to carrying out similar missions, escalating the suffering of the people of Gaza caught between Hamas and Israel and adding to the difficult moral decisions in the conflict. Israeli hardliners advocated for a change in approach to the hostage situation, but their voices were overshadowed by the powerful political force organized by the families of the hostages in the wake of the attack.

Monitor them closely, as they are likely to continue leading the charge for the resignation of Prime Minister Benjamin Netanyahu after the war, during which Israel experienced its most devastating day. Despite the majority of Israelis backing the decision, Netanyahu's future will not be any less uncertain. The population supports both the government's efforts to combat Hamas and the goal of eliminating its threat to Israel, creating a moral dilemma.

A man looks on as Palestinians search for casualties a day after Israeli strikes on houses in Jabalia refugee camp in the northern Gaza Strip, November 1.

Mohammed Al-Masri/Reuters

The war is extremely harsh due to Hamas deliberately operating in civilian areas, failing to construct shelters for the public and only prioritizing their own fighters, as well as restricting the number of Palestinians able to seek refuge in neighboring nations.

Egypt is concerned about the potential for a sudden increase of Palestinian refugees entering the Sinai Peninsula, which could be used as a base for attacks against Israel and lead to destabilization. Additionally, Egypt fears the creation of a long-term refugee population with uncertain prospects for returning to Israeli-controlled territory.

There may have been alternative approaches for Israel to combat Hamas with a reduced impact on civilians; however, allowing an Iran-backed Hamas to maintain power in close proximity to Israel was not a feasible option. The issue is not solely about the establishment of a Palestinian state, as Hamas has consistently expressed its intention to destroy Israel. Their charter explicitly deems any agreement that allows Israel to exist as "null and void."

Nevertheless, Israel had to engage in negotiations. The events of October 7 triggered memories of the Holocaust for Israel. It wasn't just the violence that caused this, but also the fact that Hamas was established on a 1988 Covenant calling for genocide. Even today, Hamas leaders openly express their anti-Semitic and genocidal intentions. Just weeks before the attack, a Hamas official preached, "Oh, Allah, bring annihilation upon the Jews."

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Imagine having to negotiate with the people who, days after the attack, when asked if their goal is "the complete annihilation of Israel,"answered "Yes, of course!"

Hamas still holds nearly 80% of the hostages. The negotiation process for a truce reflects the difficult choices that have defined this conflict since the day Israelis discovered Hamas terrorists breaking into their homes with the directive to "kill as many people and take as many hostages as possible."

The news of the release of hostages, the temporary halt in fighting, and the increase in humanitarian supplies brings relief to many families and offers a respite for millions.

But its hardly cause for celebration. Its a sign of a deep moral dilemma that will continue playing out in profound human suffering.