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‘Only Marwan Barghouti, in Return for All the Israeli Hostages,’ Terror Victims’ Lawyer Tells TML
A Palestinian man walks alongside Israel's separation barrier painted with an image of jailed Fatah leader Marwan Barghuti, in the West Bank town of al-Azariya, on the outskirts of Jerusalem, on November 8, 2021. (HAZEM BADER/AFP via Getty Images)

‘Only Marwan Barghouti, in Return for All the Israeli Hostages,’ Terror Victims’ Lawyer Tells TML

Amid Israel-Hamas hostage talks, speculation grows over freeing Palestinian leader Marwan Barghouti. Praised as a unifier, his potential release faces backlash over past deadly attacks

As negotiations for the second phase of the Israel-Hamas hostage swap continue, speculation is mounting over whether veteran Palestinian leader Marwan Barghouti could be among those released. While Hamas has reportedly reassured his family that he will be freed, Egypt and Qatar—both key mediators in the talks—are also pressuring Israel to agree to this. However, Israeli officials remain staunchly opposed to the idea, citing his past involvement in deadly attacks and concerns over his influence.

Hamas, Egypt, and Qatar Demand Barghouti’s Release

We really trust that he will be released at the end of this because he belongs amongst the Palestinian people, and his influence is very positive for the Palestinian unity.

Barghouti, often referred to as the “Palestinian Mandela,” has long been considered a unifying figure among Palestinians, and Hamas’ recent assurances to his family have raised hopes that his freedom could be imminent. Arab Barghouti, his son, remains optimistic: “We really trust that he will be released at the end of this because he belongs amongst the Palestinian people, and his influence is very positive for the Palestinian unity,” Barghouti said to The Media Line. 

Meanwhile, Egyptian and Qatari officials have continued to pressure Israel, arguing that releasing Barghouti could help stabilize the Palestinian political landscape. His name has surfaced repeatedly in past prisoner exchange discussions, but Israel has consistently refused to consider his release.

Who Is Marwan Barghouti?

A prominent Palestinian political figure, Barghouti was a key player during the First and Second Intifadas, advocating for Palestinian self-determination and a two-state solution. He joined Fatah in his youth and quickly rose through the ranks, becoming one of its most influential figures. In the 1980s, he helped establish Tanzim, the military faction of Fatah, which played a significant role in organizing “resistance activities.” Despite his later imprisonment, he remains a symbol of Palestinian resistance and is seen by many as a potential future leader. He was sentenced in 2004 to five life sentences for his role in orchestrating attacks that killed Israelis. However, his supporters argue that he has always championed a political resolution to the conflict.

My father is someone who believes in the two-state solution. He worked very hard in the 90s for it. This is exactly why you will hear not only international or Palestinian leaders calling for his release but also Israeli leaders who understand his influence.

“My father is someone who believes in the two-state solution. He worked very hard in the 90s for it,” his son, Arab Barghouti, explained. “This is exactly why you will hear not only international or Palestinian leaders calling for his release but also Israeli leaders who understand his influence,” he added.

His influence extends beyond Palestine. Figures such as Desmond Tutu and Jimmy Carter have called for his release and viewed him as a potential peacemaker.

Barghouti is also widely respected for authoring the Prisoners’ Document, a pivotal agreement that united all major Palestinian factions—including Fatah, Hamas, and Islamic Jihad—under a shared political vision. Drafted while he was in prison, this document was considered a groundbreaking effort toward Palestinian unity and strategic cooperation.

Criticism and Concerns Over His Potential Release

While many Palestinians see Barghouti as a leader who can unite factions and guide them toward political stability, his release remains deeply contentious in Israel. Critics highlight his conviction for attacks during the Intifadas, raising concerns about the precedent his release would set.

It’s painful. It’s outrageous. Victims are outraged. How can it be that someone responsible for so many deaths could walk free? This is not just about Barghouti—it’s about justice for all victims.

“It’s painful. It’s outrageous. Victims are outraged,” said Nitsana Darshan-Leitner, president of Shurat HaDin to The Media Line. “How can it be that someone responsible for so many deaths could walk free? This is not just about Barghouti—it’s about justice for all victims.”

Darshan-Leitner, a prominent Israeli attorney and activist, has spent decades leading the legal battle against Palestinian and Islamic terrorist organizations through Shurat HaDin, an independent civil rights group based in Tel Aviv. Under her leadership, the organization has represented hundreds of terror victims in lawsuits against entities including Hamas, Hezbollah, the Palestinian Authority, Iran, Syria, and major financial institutions accused of funding terrorism. Shurat HaDin has secured over $1 billion in judgments, frozen more than $600 million in terrorist assets, and collected $120 million in payments for victims and their families.

“Barghouti is not just any prisoner,” the lawyer pointed out. “His release would send a message that acts of terror can be forgiven, which is a dangerous precedent. The pain of the victims’ families cannot simply be ignored in political negotiations,” Darshan-Leitner added. 

A Father and a Symbol

To his family, Barghouti is not just a political leader but a father and husband who has missed decades with his children. His youngest son, Arab, reminisced about his father’s warmth and guidance before his arrest:

“As a father, he’s always positive, always joking around, always smiling. He’s very demanding in terms of education and always talked about its importance,” he said. “I remember visiting him in prison as a child, and those visits were difficult. We were only allowed short moments together, separated by thick glass, speaking through a telephone. But despite the distance, he always encouraged me to stay strong, to focus on education, and to never lose hope for a better future.”

His wife, Fadwa Barghouti, has been instrumental in keeping his legacy alive. She led the international campaign for his release. Through her advocacy, Barghouti has been nominated for the Nobel Peace Prize and has received honorary citizenship in several countries.

Rather than complain or give up when he was arrested, my mother built a movement. She made sure his name would not be forgotten.

“Rather than complain or give up when he was arrested, my mother built a movement. She made sure his name would not be forgotten,” Barghouti noted. 

His possible return to Palestinian politics raises questions about his future role, as many in the West Bank view him as a viable leader.

He’s very well respected. And I think this is the key reason why people love him. It’s because he has worked tirelessly for unity also from his prison cell.

“He’s very well respected. And I think this is the key reason why people love him,” his son said. “It’s because he has worked tirelessly for unity also from his prison cell,” he added. 

Uncertainty Over His Release

Despite Hamas’ reassurances and the involvement of mediators, Barghouti’s release is far from certain. Israeli officials remain adamant that they will not free him, and the second stage of the hostage deal negotiations remains fraught with complexities.

I don’t see how the second phase is going to work. The agreement states that it must end with Hamas no longer armed and no longer in power. That’s not realistic.

“I don’t see how the second phase is going to work,” Darshan-Leitner noted. “The agreement states that it must end with Hamas no longer armed and no longer in power. That’s not realistic,” she added. 

However, she suggested that Barghouti’s release could be considered if it guaranteed the return of all hostages.

If Israel offers Marwan Barghouti, only Marwan Barghouti, in return for all the Israeli hostages, they should release him. But if he is part of a broader deal with hundreds of convicted Palestinian prisoners, then no.

“If Israel offers Marwan Barghouti, only Marwan Barghouti, in return for all the Israeli hostages, they should release him,” she said. “But if he is part of a broader deal with hundreds of convicted Palestinian prisoners, then no,” she added. 

A Future of Hope and Uncertainty

The potential release of Barghouti remains a deeply divisive issue. While his supporters see him as a future leader capable of guiding Palestinians toward unity and peace, his critics view him as a dangerous figure whose freedom could reignite violence.

Arab Barghouti, however, remains hopeful: “I trust that one day we will all wake up to a free Palestine, where Palestinians will all live in dignity, just as my father has always believed. Like any other nation.”

The Media Line contacted Barghouti’s lawyer, but he declined to comment

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