Yahya Sinwar is believed to be hiding in tunnels beneath Gaza. In a video statement on Tuesday, U.S. Attorney General Merrick Garland stated that the defendants were responsible for "financing and directing a decades-long campaign to murder American citizens and endanger the security of the United States." He emphasized that the group also led efforts to destroy the state of Israel and targeted civilians to achieve that goal. Garland highlighted the October 7th attack, describing it as the "deadliest massacre of Jews since the Holocaust," where Hamas "murdered entire families," including the elderly, children, and used sexual violence as a weapon.
The charges were filed in February but remained sealed until now, as the U.S. sought the opportunity to apprehend any of the accused. The Justice Department's complaint states that at least 43 American citizens were killed during the October 7th attack. The timing of these charges is unclear, but the recent discovery of the body of Israeli-American hostage Hersh Goldberg-Polin, along with five others in Gaza, may have accelerated the decision, according to an analyst.
Professor Yossi Mekelberg, an associate fellow at the UK think tank Chatham House, suggested that the charges are partly meant to send a message to Hamas and its affiliates: "We will pursue you dead or alive." Garland referred to the murder of Hersh Goldberg-Polin and other American victims of the October 7th attack as acts of terrorism, emphasizing the U.S.'s commitment to investigating these crimes.
President Joe Biden also condemned the killing of Goldberg-Polin, calling it "as tragic as it is reprehensible." He vowed that Hamas leaders would face consequences for their
actions.
The charges against the Hamas leaders include conspiracy to bomb a public place resulting in death, conspiracy to finance terrorism, and providing material support for acts of terrorism resulting in death. If convicted, the defendants could face life imprisonment or the death penalty.
In addition to Sinwar, the charged individuals include former Hamas leader Ismail Haniyeh, Marwan Issa (the deputy leader of Hamas's armed wing), Khaled Mashaal (who leads the group outside Gaza and the West Bank), as well as Mohammed Deif and Ali Baraka. Reports suggest that Haniyeh, Issa, and Deif have been killed in recent months in attacks attributed to or claimed by Israel. The Justice Department acknowledges that the defendants are either deceased or remain at large.
It is uncertain how these charges will impact U.S. efforts to persuade Israel to agree to a ceasefire and hostage-release deal with Hamas. However, one U.S. official, speaking anonymously, indicated that the charges are unlikely to affect ongoing negotiations. Professor Mekelberg speculated that the charges might influence Sinwar's mindset, potentially making him less likely to show flexibility in negotiations.
In a related development, the UK has defended its decision to suspend some weapons sales to Israel due to concerns about their potential use in Gaza. The conflict began on October 7th when Hamas attacked southern Israel, resulting in the deaths of approximately 1,200 people and the capture of 251 hostages. Since then, more than 40,000 people have been killed in Gaza as Israel continues its military campaign, according to figures from Gaza's Hamas-run health ministry.
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