Justice Department Charges Hamas Leaders in Connection to October 7 Attacks

The U.S. Department of Justice has formally charged Yahya Sinwar, leader of Hamas, along with other senior militants, in connection with the October 7, 2023, attacks on Israel. This marks the first time American law enforcement has targeted the masterminds behind the assault, which left more than 1,200 dead and 250 people taken hostage, including U.S. citizens.

Criminal Charges Filed in New York

A seven-count criminal complaint, including charges such as conspiracy to provide material support to a foreign terrorist organization resulting in death, conspiracy to murder U.S. nationals, and conspiracy to finance terrorism, has been filed in a New York federal court. The charges also extend to Iran and Lebanon’s Hezbollah, accusing them of financing and supplying Hamas with weapons, rockets, and military supplies used in the attack.

While the case’s impact may be largely symbolic, given that Sinwar is believed to be hiding in tunnels beneath Gaza, U.S. officials noted that this is just one step in a broader effort to dismantle Hamas. Attorney General Merrick Garland emphasized that the U.S. will continue to pursue every aspect of Hamas’ operations. He hinted at future actions against the militant group.

Sealed Complaint Unveiled

The complaint was initially filed under seal in February as part of efforts to capture then-Hamas leader Ismail Haniyeh and other militants. However, following Haniyeh’s death in July and other developments, the need for secrecy diminished, and the case was unsealed. Charges were also filed against other Hamas leaders, including Marwan Issa, Mohammed Deif, and Khaled Mashaal. However, some are believed to have been killed in Israeli airstrikes.

U.S. Targets Hamas Amid Cease-Fire Negotiations

As the Justice Department announced the charges, the White House continued to push for a cease-fire and hostage exchange deal, working alongside Egypt and Qatar. The U.S.’s involvement in these negotiations underscores its commitment to resolving the conflict and its willingness to work with other countries to achieve a peaceful solution. National security officials stressed that these legal actions are not expected to hinder ongoing negotiations. Recent reports of the executions of six hostages, including one American, by Hamas, underscore the urgency of these discussions.

Sinwar, who was appointed leader of Hamas following Haniyeh’s death, remains one of Israel’s most-wanted figures. He has evaded capture, reportedly hiding in Gaza’s extensive tunnel system. His position as Hamas leader has placed him at the forefront of ongoing efforts to secure the release of hostages.

Importance of the Case

The charges filed against Sinwar and other Hamas militants are a significant development in the U.S.’s fight against terrorism, particularly as many of the victims of the October 7 attack were Americans. The case also underscores the U.S.’s firm stance on Hamas, a group that has long been designated as a foreign terrorist organization. Despite the charges, the likelihood of Sinwar being brought to justice remains slim while he remains in hiding, as analysts like Merissa Khurma from the Wilson Center point out.

Devastating Toll of the War

The October 7 attacks, which saw Hamas militants launch a large-scale, brutal offensive into southern Israel, have been described as the group’s most violent operation to date. Using paragliders, bulldozers, and speedboats, the militants launched a massacre that included widespread killings, kidnappings, and sexual violence.

Israel’s retaliatory strikes have resulted in over 40,000 Palestinian deaths, according to Gaza’s Health Ministry. The ongoing war has caused severe destruction across Gaza, forcing millions of residents to flee and sparking a humanitarian crisis in the region. The conflict has also strained international relations, with many countries calling for an immediate cease-fire and a peaceful resolution to the crisis.

Hamas’ Terms for Cease-Fire

As cease-fire negotiations continue, Hamas has accused Israel of prolonging talks with unreasonable demands. The group has called for the release of all hostages in exchange for a complete withdrawal of Israeli forces from Gaza and the release of Palestinian prisoners. These terms were reportedly part of a cease-fire proposal supported by U.S. President Joe Biden in July.

Despite ongoing talks, Israeli Prime Minister Benjamin Netanyahu has vowed to achieve “total victory” over Hamas, blaming the group for the breakdown in negotiations.