Hamas Leader and Other Militants Face US Charges Over October 7 Massacre in Israel

September 4, 2024

Updated: September 4, 2024

WASHINGTON — On Tuesday, the Justice Department unveiled criminal charges⁣ against Yahya Sinwar, the ⁤leader of Hamas, and other high-ranking militants. These charges are in relation to the violent ‍attack that ‌took place in Israel on Oct. 7,⁤ 2023. This ⁢marks the first time that U.S. law enforcement has officially identified and charged the orchestrators of the attack.

The criminal complaint, consisting of seven counts, was filed in a federal court in New York City. 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. The complaint‍ also implicates Iran and Hezbollah ‍in Lebanon, accusing them of providing financial⁤ support, weapons, including⁢ rockets, and military supplies.

While the case’s impact may⁤ be largely symbolic, given that Sinwar is believed⁤ to be ‌hiding in tunnels and three of the six‌ defendants named in the⁣ complaint are now believed to be dead, officials have indicated‌ that ⁢more actions are anticipated. These⁤ actions are part of a wider ⁢effort to target the operations of a militant group that ‌the U.S. ‍government designated as a foreign terrorist‌ organization in 1997⁣ and has been linked to a series ⁢of deadly‌ attacks⁢ on Israel, including suicide bombings.

The complaint was initially filed under seal in February to allow the⁣ U.S. time to attempt to take the then-Hamas leader, Ismail Haniyeh, into custody. However, it was unsealed on Tuesday following Haniyeh’s death⁤ in July and other regional developments that reduced the need for‍ secrecy, according to the Justice‌ Department.

‘The sense of urgency’

“The charges unsealed today are just ⁤one part of our ‌effort to target every aspect of Hamas’ operations,” Attorney General Merrick Garland ⁤said in a video statement. “These actions will ‌not be our last.”

The charges come as the White House says it is developing a new cease-fire and hostage deal proposal with its Egyptian and‌ Qatari counterparts to try to bring about an agreement between⁢ Israel ⁣and Hamas to end the nearly 11-month ‌war in Gaza.

A U.S. official, who was not authorized to⁢ talk⁢ publicly about the case and spoke on ‌condition of anonymity, told the Associated Press ‌there was no reason to believe the charges⁤ would affect the ongoing negotiations.

National⁢ security ‍spokesman John⁢ Kirby said the recent “executions” of six⁢ hostages, including one American, Hersh Goldberg-Polin, by Hamas underscore “the sense of urgency” ‍in ⁣the talks.

“We are investigating Hersh’s murder, and each⁤ and every one of the brutal murders of Americans, as acts of terrorism,” ‍Garland said in the statement. “We will continue to support the⁤ whole of⁣ government effort to bring the Americans still⁢ being held hostage home.”

Sinwar was appointed the overall head of Hamas after the killing of Haniyeh in Iran and sits atop Israel’s most-wanted list. He is believed to⁢ have spent most of the past 10 months living in tunnels under ‍Gaza, and it is unclear how much contact ⁤he has with the outside ‍world. He was ‌a ‍long-serving ‌Palestinian prisoner freed in an⁣ exchange of the type that would be part of⁢ a cease-fire and hostage release deal.

Haniyeh was‌ also ⁣charged.

The ‘most violent, large-scale ⁤terrorist attack’

Other⁣ Hamas leaders facing charges⁤ include Marwan ‌Issa, the‌ deputy leader of Hamas’ armed wing in Gaza, who helped plan last ‌year’s attack and who Israel says was killed when fighter jets struck an underground ⁢compound in central Gaza in March; Khaled Mashaal, another Haniyeh deputy and a former leader of the group thought ⁣to be based in ⁤Qatar;⁢ Mohammed‍ Deif, Hamas’ longtime shadowy ⁤military ⁤leader, who⁢ is thought to be dead following an Israeli⁤ airstrike in southern Gaza in July; and Lebanon-based Ali Baraka, Hamas’⁤ head of external relations.

During ⁤the Oct. 7 attack, militants killed ‌some 1,200 people, mostly civilians, and took about 250 people hostage. Roughly 100 hostages remain,⁤ a third of whom are believed to⁤ be dead.

The criminal complaint describes the massacre as the “most violent, large-scale terrorist⁤ attack” ⁣in Hamas’ history.⁤ It details how Hamas operatives who arrived in southern Israel with “trucks, motorcycles, bulldozers, speedboats, and paragliders” engaged in a brutal campaign of violence that included ⁤rape, genital mutilation ⁢and machine-gun shootings at close range.

It references a widely circulated video ‍showing a largely unclothed and unconscious woman in the back of a pickup truck as Hamas operatives chanted “Allahu Akbar.”

The document also says the defendants in the years and weeks preceding the attack openly called for ‌violence against Israel and advocated even more mayhem after Oct. ⁢7, citing a statement from Mashaal three days later ⁢that said: “I call on you at this moment, I call on every one ‌of you.⁢ Responding to⁤ Jihad is an individual responsibility. Whether you fight collectively or individually, this is your individual ⁤responsibility.”

Israel’s retaliatory offensive has killed over 40,000 Palestinians, according to Gaza’s Health ‍Ministry, ‌which does not distinguish between civilians and combatants in its ‌count. The war has ‌caused widespread⁢ destruction and forced the vast ⁤majority ⁢of Gaza’s 2.3 million residents to flee their⁣ homes, often multiple times.

Hamas has accused Israel of dragging out months of negotiations by issuing new demands, including for lasting Israeli control ‍over the⁢ Philadelphi corridor along the border of Egypt and a‌ second corridor running across ⁤Gaza.

Hamas has offered to release all hostages in return for an ‍end to the war, the complete withdrawal of Israeli forces and⁣ the release of a large number of‍ Palestinian prisoners, including high-profile militants — broadly the terms called for under an outline for a⁣ deal put forward by President ⁤Joe Biden in July. Prime Minister Benjamin Netanyahu has pledged “total victory” over Hamas and blames it for the failure of the negotiations.