Justice Dept. Announces Charges Against Hamas Leader, Militants

The Justice Department announced on Tuesday that charges have been brought against the leader of the Hamas militant group and several others linked to the group for their alleged role in the Oct. 7 attack in Israel, which resulted in nearly 1,300 deaths and over 250 hostages being taken, many of whom have since been killed.

The charges, which target Hamas leader Yahya Sinwar and other senior members, represent “the first effort by American law enforcement to formally hold accountable the masterminds of the attack,” according to The Associated Press.

Filed in New York City, the federal criminal complaint consists of seven counts, including charges of conspiracy to provide material support to a foreign terrorist organization resulting in death, conspiracy to murder U.S. nationals, and conspiracy to finance terrorism. The complaint also implicates Iran and Hezbollah in Lebanon, accusing them of providing Hamas with financial resources, weapons—including rockets—and other military supplies, as noted by the AP.

While the charges may be symbolic, as Sinwar is reportedly hiding in Gaza tunnels, and three of the six defendants are believed to be deceased, officials see this as part of a larger effort to combat Hamas, a group the U.S. has classified as a foreign terrorist organization since 1997. Hamas has long been linked to numerous deadly attacks on Israel, including suicide bombings.

Initially filed under seal in February to allow time for the capture of then-Hamas leader Ismail Haniyeh, the complaint was unsealed on Tuesday after Haniyeh’s death in July and changing regional circumstances.

Attorney General Merrick Garland emphasized, “The charges unsealed today are just one part of our effort to target every aspect of Hamas’ operations,” while also suggesting that further actions will follow.

This announcement coincides with ongoing negotiations involving the White House, Egypt, and Qatar, focused on achieving a cease-fire and securing hostage releases. A U.S. official noted that the charges would not affect these ongoing discussions. National security spokesperson John Kirby underscored the urgency of the situation following Hamas’ execution of six hostages, including an American citizen, Hersh Goldberg-Polin.

Garland added that the U.S. is investigating Hersh’s murder, as well as those of other Americans, classifying them as acts of terrorism. He reaffirmed the U.S. commitment to bringing home the remaining hostages.

Sinwar, who succeeded Haniyeh as the leader of Hamas, is now Israel’s most-wanted figure. He has spent much of the past 10 months underground in Gaza’s tunnel network, and his outside contact remains unclear. Sinwar was once a long-term Palestinian prisoner, released in a previous prisoner swap, much like those currently being discussed as part of the cease-fire and hostage release talks.

Among the other Hamas leaders facing charges are Marwan Issa, deputy leader of Hamas’ armed wing, reportedly killed in an Israeli airstrike in March, and Khaled Mashaal, another senior leader thought to be based in Qatar. Mohammed Deif, a long-time military leader of Hamas, was believed to have been killed in a July airstrike, and Ali Baraka, overseeing Hamas’ external relations from Lebanon, is also facing charges.

Merissa Khurma, Middle East program director at the Wilson Center, called the charges “another tool” for the U.S. in addressing the Hamas threat to both America and Israel. “If Sinwar is found and brought to justice for the October 7 attacks, it would be a major victory for the U.S. and for all those who lost loved ones,” she told the AP.