The United States has formally charged Hamas leader Yahya Sinwar and several high-profile figures within the Palestinian group in connection with the deadly attack on Israel on October 7 last year.
The U.S. Department of Justice announced the indictment of six Hamas members on seven charges, including the murder of dozens of U.S. citizens, conspiracy to finance terrorism, and the use of weapons of mass destruction.
The charges mark a significant step by U.S. law enforcement to hold the masterminds of the attack accountable, although experts note the move carries symbolic weight as some of those indicted are already deceased. Sinwar, who is believed to be hiding in tunnels beneath Gaza, is among those charged.
In a video statement released on Tuesday, U.S. Attorney General Merrick Garland accused the defendants of orchestrating a “decades-long campaign to murder American citizens and endanger the security of the United States.” Garland emphasized that the group also spearheaded Hamas’s efforts to “destroy the state of Israel and murder civilians in support of that aim,” citing the October 7 attack as the “deadliest massacre of Jews since the Holocaust.”
Garland described the brutality of the attack, in which entire families were murdered, and women were subjected to sexual violence, including rape and genital mutilation. The charges were originally filed in February but were only revealed this week, reportedly to allow for the possibility of capturing any of the accused.
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The Justice Department’s complaint highlights that at least 43 American citizens were killed in the October 7 attack. Analysts suggest the timing of the charges may be linked to the recent discovery of the body of an Israeli-American hostage in Gaza, along with five others, which may have provided additional motivation for the U.S. to act.
According to Prof. Yossi Mekelberg of Chatham House, the U.S. aims to send a clear message to Hamas and its affiliates: “We’ll pursue you dead or alive.” Similarly, Dr. Julie Norman of University College London suggested that the recent deaths likely spurred the U.S. to publicly demonstrate its commitment to seeking justice.
Garland referenced the Israeli-American hostage, 23-year-old Hersh Goldberg-Polin, who was found dead in Gaza over the weekend, as well as other American victims of the October 7 attack. He vowed that the U.S. would investigate each of these murders as acts of terrorism.
President Joe Biden also condemned Goldberg-Polin’s killing, asserting, “make no mistake, Hamas leaders will pay for these crimes.”
The charges against Sinwar and other Hamas leaders include conspiracy to bomb a place of public use resulting in death, conspiracy to finance terrorism, and material support for acts of terrorism resulting in death. If convicted, the accused could face life imprisonment or the death penalty.
Other Hamas figures named in the indictment include former leader Ismail Haniyeh, deputy leader of the group’s armed wing Marwan Issa, Khaled Mashaal, who leads Hamas outside of Gaza and the West Bank, along with Mohammed Deif and Ali Baraka. Some of these leaders, including Haniyeh, Issa, and Deif, are reported to have been killed in recent months in attacks linked to Israel.
The Justice Department acknowledges that all the defendants are either dead or at large, underscoring the symbolic nature of the charges. Analysts are divided on whether this move will impact ongoing U.S. efforts to mediate a ceasefire and hostage-release deal with Hamas, with one U.S. official suggesting it would not affect the talks, while Prof. Mekelberg warned that it might harden Sinwar’s stance.
In related developments, the UK has defended its decision to halt certain arms sales to Israel over concerns regarding their potential use in Gaza. Hamas’s October 7 attack resulted in around 1,200 deaths in southern Israel and 251 hostages taken, while over 40,000 people have since been killed in Gaza amid Israel’s ongoing military response, according to the Hamas-run health ministry in Gaza.
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