U.S. files criminal charges in a New York court against senior Hamas members over Israel attack

The U.S. Department of Justice filed criminal charges against Yahya Sinwar, Hamas leader, and other senior members of the terrorist group for their role in the October 7, 2023 attack in Israel.

Included in the criminal complaint filed in a New York federal court are seven counts covering conspiracy to provide material support to a foreign terrorist organization, conspiracy to murder U.S. citizens and conspiracy to use weapons of mass destruction.

The document also charges Iran and the Lebanese group Hezbollah with providing financial and weapons support, including rockets used in the attack.

The defendants and the attack

Yahya Sinwar, designated Hamas leader after Haniyeh's death, tops Israel's most wanted list. Sinwar, who was released in a prisoner exchange, is considered one of the main responsible for the October 7 attack, in which approximately 1,200 people, mostly civilians, were killed in Israel.

Other Hamas leaders indicted include Ismail Haniyeh, Marwan Issa, Khaled Mashaal, Mohammed Deif and Ali Baraka, all linked to the planning and execution of terrorist acts that have caused untold suffering in the region.

The October 7 attack, described in the indictment as the "most violent, large-scale terrorist attack to date" in Hamas’ history, involved a series of atrocities committed by militants who entered Israel using a variety of means, from paragliders to speedboats. The violence unleashed included rape, mutilation and cold-blooded murder, leaving a deep scar on Israel's collective memory.

Implications and challenges

Although the charges against Yahya Sinwar and other Hamas leaders are serious, their actual impact could be limited. Sinwar is believed to be hiding in tunnels under Gaza, and three of the six defendants named in the complaint are already dead, according to the Department of Justice. The complaint, which was filed secretly in February, was made public Tuesday because of the death of Ismail Haniyeh and other developments in the region.

In the middle of negotiations

This announcement comes as the White House is negotiating a new cease-fire agreement and the release of hostages with the help of mediators from Egypt and Qatar to end the Gaza war that has lasted nearly 11 months. However, a U.S. official, on condition of anonymity, stated that despite the seriousness of the charges, there is no reason to believe that these charges will affect the ongoing negotiations.