By The U.S. Justice Department took a significant step Tuesday in its efforts to hold accountable those responsible for the October 7, 2023, attack on Israel, announcing criminal charges against Hamas leader Yahya Sinwar and other senior militants.
This marks the first formal effort by American law enforcement to identify and prosecute the alleged masterminds behind the deadly rampage.
A seven-count criminal complaint, filed in federal court in New York City, levels serious accusations against the Hamas leadership. The charges include conspiracy to provide material support to a foreign terrorist organization, conspiracy to murder U.S. nationals, and conspiracy to use weapons of mass destruction resulting in death.
In a notable expansion of the case, the complaint also implicates Iran and Lebanon’s Hezbollah, accusing them of providing financial support, weapons including rockets, and military supplies to Hamas.
Attorney General Merrick Garland emphasized the broader implications of these charges in a video statement. “The charges unsealed today are just one part of our effort to target every aspect of Hamas’ operations,” Garland said.
“These actions will not be our last.” This statement signals a continued and comprehensive approach by the U.S. government to address the activities of Hamas, which has been designated as a foreign terrorist organization by the U.S. since 1997.
The complaint, originally filed under seal in February, names six defendants, including Sinwar and former Hamas leader Ismail Haniyeh. However, the Justice Department acknowledges that three of the six defendants are believed to be dead, underscoring the challenges in prosecuting international terrorism cases.
Other Hamas leaders facing charges include Marwan Issa, Khaled Mashaal, Mohammed Deif, and Ali Baraka, representing a wide swath of the organization’s leadership structure.
The legal document provides a chilling account of the October 7 attack, describing it as the “most violent, large-scale terrorist attack” in Hamas’ history. It details how Hamas operatives, using a variety of vehicles and methods of entry, engaged in brutal acts of violence, including rape, genital mutilation, and close-range machine-gun shootings. The complaint references widely circulated video evidence of the atrocities, further emphasizing the severity of the charges.
These legal actions come at a sensitive time in the ongoing conflict between Israel and Hamas. The White House has announced that it is developing a new cease-fire and hostage deal proposal in collaboration with Egyptian and Qatari counterparts.
This effort aims to bring about an agreement between Israel and Hamas to end the nearly 11-month war in Gaza. A U.S. official, speaking on condition of anonymity, stated that there is no reason to believe the charges would affect these ongoing negotiations.
The October 7 attack resulted in approximately 1,200 deaths, primarily civilians, and the taking of about 250 hostages. As of now, around 100 hostages remain, with a third believed to be dead. The Justice Department is also investigating the recent “executions” of six hostages, including American Hersh Goldberg-Polin, as acts of terrorism.
Israel’s retaliatory offensive has had devastating consequences, reportedly killing over 40,000 Palestinians, according to Gaza’s Health Ministry. This figure, however, does not distinguish between civilians and combatants. The war has caused widespread destruction and displaced the vast majority of Gaza’s 2.3 million residents.
The ongoing conflict has led to a complex negotiation process. Hamas has offered to release all hostages in exchange for an end to the war, complete withdrawal of Israeli forces, and the release of a large number of Palestinian prisoners, including high-profile militants.
This aligns broadly with an outline for a deal put forward by President Joe Biden in July. However, Israeli Prime Minister Benjamin Netanyahu has pledged “total victory” over Hamas and blames the group for the failure of negotiations.
As the legal and diplomatic processes unfold, the international community watches closely. The U.S. charges against Hamas leaders represent a significant development in the global response to the October 7 attack and may have far-reaching implications for international counterterrorism efforts and the ongoing conflict in the Middle East.
