The US Justice Department on Tuesday announced charges of terrorism, conspiracy to commit murder and sanctions evasion against six senior Hamas leaders for their role in “planning, supporting, and perpetrating the terrorist atrocities Hamas committed in Israel on October 7, 2023,” which included the murders and kidnappings of innocent civilians, including US citizens. The 38-page indictment, It is a gesture without immediate practical consequences, since four of the accused have died and the whereabouts of the other two are unknown and therefore cannot be brought to justice.
The defendants are senior Hamas leaders who have orchestrated, overseen and supported Hamas’s terrorist campaign for decades, including the October 7 massacres. They and their accomplices control all aspects of the terrorist organization, including its political and military wings, known as the Politburo and the Izz al-Din al-Qassam Brigades (al-Qassam Brigades).
Among them is Ismail Haniya, who was the chairman of Hamas’ Politburo from 2017 until his assassination in Iran on July 31. Before 2017, Haniya was deputy chairman of the Politburo and leader of Hamas in the Gaza Strip. Haniya resided mainly in Turkey and Qatar. Also included is Yahya Sinwar, also known as Abu Ibrahim, 61, the new leader of Hamas. Before that, from around 2017, he was the leader of Hamas in the Gaza Strip, and is one of the founders of the al-Qassam Brigades. Sinwar is mainly based in the Gaza Strip.
Muhammad al-Masri and Marwan Issa, also known as Abu Baraa, both deceased, are two of the other defendants. The Justice Department’s action also targets Khaled Meshaal, also known as Abu al-Waleed, 68, and Ali Baraka, 57, who has responsibilities in the organization outside the Gaza Strip and the West Bank. The former resides primarily in Qatar and the latter in Lebanon, according to the United States.
The complaint accuses each of the accused of various crimes: conspiring to provide material support to a foreign terrorist organization resulting in death, which carries a maximum penalty of life in prison; conspiring to provide material support for acts of terrorism resulting in death, which carries the same penalty; conspiring to murder U.S. citizens outside the United States, which also carries a maximum penalty of life in prison; conspiracy to bomb a place of public use resulting in death, which carries a maximum penalty of death or life in prison; conspiracy to use weapons of mass destruction resulting in death, which carries a maximum penalty of death or life in prison; conspiracy to finance terrorism, which carries a maximum penalty of 20 years in prison; and conspiracy to violate the International Emergency Economic Powers Act, which carries a maximum penalty of 20 years in prison. A federal district judge will determine the sentence.
“Act of terrorism”
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“The Department of Justice has charged Yahya Sinwar and other senior Hamas leaders with financing, directing, and overseeing a decades-long campaign to murder American citizens and endanger the national security of the United States,” said Attorney General Merrick B. Garland. “On October 7, Hamas terrorists, led by these defendants, murdered nearly 1,200 people, including more than 40 Americans, and kidnapped hundreds of civilians. This weekend, we learned that Hamas murdered six more people it had kidnapped and held captive for nearly a year, including Hersh Goldberg-Polin, a 23-year-old Israeli-American. We are investigating Hersh’s murder, and each and every brutal murder of Americans by Hamas, as an act of terrorism. The charges filed today are just one part of our effort to target every aspect of Hamas’ operations. These actions will not be the last.”
“Since that horrific day, we have worked to investigate and hold those responsible accountable, and we will not rest until all those who kidnapped or murdered Americans are brought to justice. Our thoughts remain with the families of all the victims of this barbaric terrorist attack,” said Deputy Attorney General Lisa Monaco.
From the moment Hamas launched its attack on October 7, the FBI has been dedicated to identifying and prosecuting those responsible for these heinous crimes, said FBI Director Christopher Wray. “The fight against terrorism remains our number one priority, and our work continues,” he said.
Support from Iran
The indictment says Hamas is a terrorist organization founded in 1987 and designated as a foreign terrorist organization by the United States in 1997. Since its inception, the indictment says, Hamas’s stated goal has been to create an Islamic Palestinian state throughout Israel by eliminating the State of Israel through violent holy war, or jihad. Hamas also promotes attacks against the United States and its citizens and, over more than two decades, has killed and injured dozens of Americans as part of its campaign of violence and terror, including the launching of thousands of rockets specifically targeting civilian populations; suicide bombings targeting restaurants, markets, public transportation systems and other public spaces; and military-style attacks on cities and residential communities, the indictment says.
According to the Justice Department, Hamas’s ability to carry out acts of terrorism, including the October 7 massacres, has been fueled in part by the Government of Iran, particularly the Islamic Revolutionary Guard Corps (IRGC), and the Lebanon-based Shia Islamist terrorist organization Hezbollah. Hamas’ attacks have played a significant role in the Government of Iran’s regional and global campaign of support for terrorism to weaken and ultimately destroy both the United States and Israel, the attorney general maintains. Hamas leaders, including those charged, have played a critical role in Hamas’ relationship with the Government of Iran.
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