The Justice Department unsealed charges against Yahya Sinwar and five other senior leaders of Hamas for terrorism, murder conspiracy and and sanctions-evasion charges on Tuesday—marking the first time Hamas leaders have been charged in the U.S. for the attack.
Sinwar, the leader of Hamas, and the others were all charged with conspiring to provide material support to a foreign terrorist organization resulting in death, to provide material support for acts of terrorism resulting in death, to murder U.S. nationals outside of the U.S., to bomb a place of public use resulting in death and more.
Sinwar and the other leaders “control all aspects of the terrorist organization,” according to a press release, and Attorney General Merrick Garland said they were responsible for “overseeing a decades-long campaign to murder American citizens and endanger the national security of the United States.”
At least 43 Americans died in Hamas’ Oct. 7, 2023 attack on Israel, which killed 1,200 people, and at least 10 were taken hostage.
The others charged were Khaled Meshaal, Ali Baraka, Marwan Issa, Ismail Haniyeh and Mohammad al-Masri, though the latter three are presumed dead.
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The Justice Department alleged decades of terrorist activity dating back to around 1997 by the six leaders, but zeroed in on the Oct. 7 attack. The unsealed complaint refers to the Oct. 7 attack as Hamas’ “most violent, large-scale terrorist attack to date,” consisting of kidnappings, shootings, sexual assaults, rocket launches and more. Since then, there has been nearly a year of almost-constant fighting between Hamas and Israel as negotiators try to agree on terms of a cease-fire. Hamas rejected an updated cease-fire proposal in August because it said the proposal—which is based on a three-phase cease-fire proposed by President Joe Biden in May—considered Israel’s demands, but not Hamas’. Hamas takes issue specifically with Israel wanting to maintain a military presence along Gaza’s southern border (Biden’s original proposal required Israel to withdraw from Gaza completely). Israel and Hamas have also repeatedly accused each other of not being willing to reach a cease-fire agreement, with Israeli Prime Minister Benjamin Netanyahu saying Sunday after six hostages were found killed by Hamas that “whoever murders hostages – does not want a deal.” Pressure for a cease-fire has also increased as the death toll in Gaza has continued to rise: the Hamas-run health ministry said more than 40,000 people have died and there has been increasing international concern about the humanitarian conditions for civilians in Gaza.
The Justice Department also specified in the release Tuesday it is investigating the murder of Hersh Goldberg-Polin, a 23-year-old Israeli American who was taken hostage by Hamas on Oct. 7 from the Nova music festival and was found dead over the weekend. Goldberg-Polin was reportedly set to be released as part of a proposed cease-fire agreement when terms were agreed upon by both Hamas and Israel. His parents had been outspoken in recent months, talking to world leaders and speaking at the Democratic National Convention about the need for a cease-fire.
More charges. In the release, Garland said the charges unsealed Tuesday are “just one part of our effort to target every aspect of Hamas’ operations.” He added: “These actions will not be our last.”