US Charges Hamas Leader and Militants Over Oct. 7 Attack

The U.S. Justice Department has filed criminal charges against Yahya Sinwar, a leader of Hamas, and several other top militants in connection with the October 7, 2023, attack in Israel. This action marks the first formal accusation by U.S. law enforcement against those believed to be behind the assault.

The seven-count complaint, filed in federal court in New York, includes charges such as conspiracy to provide material support to a foreign terrorist organization leading to deaths, conspiracy to murder U.S. citizens, and conspiracy to finance terrorism. The complaint also accuses Iran and Hezbollah of supplying Hamas with financial aid, rockets, and military equipment for use in their attacks.

While much of the case may be symbolic, as Sinwar is thought to be hiding in Gaza tunnels and three of the six defendants are believed to be dead, U.S. officials say this is part of a broader effort to target Hamas, a group designated by the U.S. as a foreign terrorist organization in 1997. Over the years, Hamas has been linked to numerous deadly attacks on Israel, including suicide bombings.

The complaint was initially filed under seal in February to allow time for the possible capture of Sinwar and other key figures, including former Hamas leader Ismail Haniyeh. However, the document was made public after Haniyeh’s death in July and other developments in the region.

Attorney General Merrick Garland emphasized that the charges are just one part of the U.S. strategy to dismantle Hamas’ operations, stating that further actions will follow.

These charges come as the U.S. government, alongside Egypt and Qatar, works on a new proposal for a cease-fire and hostage release agreement between Israel and Hamas. However, a U.S. official has said the charges are unlikely to interfere with ongoing negotiations.

John Kirby, a national security spokesman, pointed to the recent execution of six hostages, including American citizen Hersh Goldberg-Polin, as a reminder of the urgency of the situation. Garland noted that the U.S. is investigating Goldberg-Polin’s murder and all other deaths of Americans as acts of terrorism.

Sinwar became the leader of Hamas after Haniyeh’s death and is currently at the top of Israel’s most-wanted list. He is believed to be living in tunnels beneath Gaza and has had limited contact with the outside world.

In addition to Sinwar, other prominent Hamas figures have been charged, including Marwan Issa, who played a key role in planning the October 2023 attack and is believed to have been killed in an Israeli airstrike; Khaled Mashaal, a former leader of Hamas currently in Qatar; and Ali Baraka, who oversees Hamas’ external relations from Lebanon.

Middle East expert Merissa Khurma from the Wilson Center described the charges as another tool for the U.S. to address the threat posed by Hamas. She noted that while bringing Sinwar to justice would be a significant victory for the U.S. and victims of the attacks, the charges may not add much pressure on Hamas, especially with Sinwar in hiding.

The charges follow a series of deadly events from October 7, during which around 1,200 people were killed, and militants took roughly 250 hostages. The criminal complaint calls it Hamas’ “most violent, large-scale terrorist attack,” detailing the brutal methods used during the assault, including sexual violence, close-range shootings, and other atrocities.

Israel’s military response to the attack has resulted in the deaths of over 40,000 Palestinians, most of whom were civilians, and caused widespread destruction and displacement across Gaza. The war has forced millions of Gaza’s residents to flee, contributing to a worsening humanitarian crisis.

Hamas has accused Israel of prolonging negotiations by making new demands, such as maintaining control of the Philadelphi corridor on the Egyptian border and another corridor across Gaza. Hamas has offered to release hostages in exchange for the end of the war, the withdrawal of Israeli forces, and the release of numerous Palestinian prisoners, a deal President Joe Biden had outlined in July.

Meanwhile, Israeli Prime Minister Benjamin Netanyahu has vowed “total victory” over Hamas, blaming the group for failed negotiations.