The US Department of Justice has unsealed criminal charges against Hamas political leader Yahya Sinwar over his participation in the October 7 attacks on Israel. The criminal complaint charges Sinwar, as well as the deceased Hamas leaders Ismail Haniyeh and Mohemmed Deif, with a variety of terrorism offenses including:
- Conspiracy to provide material support for a foreign terrorist organization resulting in death;
- Conspiracy to provide material support for acts of terrorism resulting in death;
- Conspiracy to murder US nationals;
- Conspiracy to bomb a place of public use resulting in death;
- Conspiracy to use weapons of mass destruction resulting in death;
- Conspiracy to finance terrorism; and
- Conspiracy to violate the International Emergency Economic Powers Act.
The complaint asserts that, in the course of the October 7 attacks, Hamas murdered 260 civilians during a music festival at the Re’im kibbutz. It also documented the attack on Kibbutz Be’eri, where it says Hamas killed approximately 108 victims and took an unknown number to be held hostage in Gaza. The US Justice Department also recounted Hamas attacks on the Kfar Aza, Nir Oz, Holit, Zikim, Kerem Shalom, and Sufa kibbutzim. The complaint said all attacks resulted in the death of at least one US citizen. The total number of civilians killed during the attacks reached at least 815.
During the press conference announcing the charges, federal prosecutor Damian Williams said:
The October 7 Hamas Massacres – in which over 40 American citizens were murdered – is only the latest act of savagery carried out by Hamas. This office has long been dedicated to serving as a bulwark against terrorism, and striking blows against its leaders. Our commitment is clear: if you hurt one member of our community, you hurt all of us — and we stand with all victims of Hamas’ reign of terror. We will bring justice to this terrorist organization from the top down for the atrocities they have committed
Former Hamas political leader Khaled Mashal, Hamas diplomat Ali Baraka, and deceased deputy leader of Hamas’s armed wing Marwan Issa were also charged in the complaint.
International Criminal Court (ICC) prosecutor Karim A A Khan previously sought arrest warrants for Sinwar, Deif and Haniyeh on crimes against humanity and war crimes offenses carried out during the October 7 attacks. Khan has also sought warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for war crimes charges over the alleged starvation and killing of civilians in Gaza.
Issa was killed in an Israeli airstrike in Gaza in March. Deif was killed in July during an Israeli airstrike in the Gazan city of Khan Younis. Haniyeh was assassinated in Iran at the end of July. The DOJ’s complaint was filed in February 2024, before their deaths.
The Hamas-linked Ministry of Health in Gaza reports that 40,786 Palestinians have been killed in Gaza since October 7. Israel announced Sunday that they had found the bodies of six murdered hostages, including that of 23-year-old Israeli American Hersh Goldberg-Polin, in the enclave.