US charges Yahya Sinwar, senior Hamas leaders with 'terrorism' over savage Oct 7 attack

The charges relate to the "defendants’ central roles in planning, supporting, and perpetrating the terrorist atrocities that Hamas committed in Israel on Oct. 7, 2023 (the October 7 Hamas Massacres), involving the murders and kidnappings of countless innocent civilians, including American citizens".

The attack it said was the culmination of Hamas’s decades-long campaign of terrorism and violence against Israel and its allies, including American citizens. "The defendants are either deceased or remain at large," read the statement issued by the US Department of Justice.

“The Justice Department has charged Yahya Sinwar and other senior leaders of Hamas for 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 7th, Hamas terrorists, led by these defendants, murdered nearly 1200 people, including over 40 Americans, and kidnapped hundreds of civilians. This weekend, we learned that Hamas murdered an additional six people they 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 one of Hamas’ brutal murders of Americans, as an act of terrorism. The charges unsealed today are just one part of our effort to target every aspect of Hamas’ operations. These actions will not be our last.”

According to AP, the impact of the case may be mostly symbolic given that Sinwar is believed to be hiding in tunnels in Gaza and the Justice Department says three of the six defendants are believed now to be dead.

“Yahya Sinwar and the other senior leaders of Hamas are charged today with orchestrating this terrorist organization’s decades-long campaign of mass violence and terror — including on October 7th. On that horrible day, Hamas terrorists viciously massacred nearly 1,200 innocent men, women, and children, including over 40 Americans, kidnapped hundreds more, and used sexual violence as a weapon of brutality,” said Deputy Attorney General Lisa Monaco.

“Since that horrific day, we have worked to investigate and hold accountable those responsible, and we will not rest until all those who kidnapped or murdered Americans are brought to justice. Our thoughts continue to be with the families of all the victims of this barbaric terrorist attack.”

“From the moment Hamas launched its horrific attack on October 7, the FBI has been dedicated to identifying and charging those responsible for these heinous crimes,” said FBI Director Christopher Wray.

“The FBI has and will continue to relentlessly investigate these attacks on civilians, including Americans. Hamas is a Foreign Terrorist Organization with a long history of violence, and the group’s actions have resulted in increased terrorism threats in the U.S. and against American interests throughout the world. Countering terrorism remains our number one priority, and our work continues,” he said.

“The core mission of the National Security Division is to protect Americans from violent terrorists and extremist organizations like Hamas,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division.

“The atrocities committed by Hamas in Israel on October 7 are intolerable, and the Justice Department will not rest in our pursuit to hold Hamas accountable for perpetrating its campaign of terror, death, and destruction,” he said.

“For decades, Hamas and its leadership have dedicated themselves to the eradication of the State of Israel, and to murdering, maiming, and brutalizing anyone — including dozens of Americans — who stood in their way,” said U.S. Attorney Damian Williams for the Southern District of New York.

“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.” 

According to court documents, Harakat al-Muqawamah al-Islamiyya, commonly known as Hamas, is a terrorist organization that was founded in 1987, and has been designated as a foreign terrorist organization (FTO) by the United States since 1997.

"From its inception, Hamas’ stated purpose has been to create an Islamic Palestinian state throughout Israel by eliminating the State of Israel through violent holy war, or jihad," the US Department of Justice said in a statement.

"Hamas also promotes attacks against the U.S. and its citizens and, over more than two decades, Hamas has murdered and injured dozens of Americans as part of its campaign of violence and terror," the statement said.

"The defendants charged in the complaint are all senior leaders of Hamas who have orchestrated, overseen, and supported Hamas’s decades-long campaign of terrorism, including the October 7 Hamas Massacres," the statement further said.

They and their co-conspirators control all aspects of the terrorist organization, including its political and military branches, known as the Politburo and Izz al-Din al-Qassam Brigades (al-Qassam Brigades).

Ismail Haniyeh was the chairman of Hamas’s Politburo from 2017 until his reported death on or about July 31. Prior to 2017, Haniyeh was the deputy chairman of the Politburo and the leader of Hamas in the Gaza Strip. Haniyeh was based principally in Turkey and Qatar.

Yahya Sinwar, also known as Abu Ibrahim, 61, is the leader of Hamas. Previously, beginning in approximately 2017, he was the leader of Hamas in the Gaza Strip, and is one of the founders of the al-Qassam Brigades. Sinwar is based principally in the Gaza Strip.  

Mohammad Al-Masri, also known as Mohammed Deif and al Khalid al-Deif, was the commander in chief of the al-Qassam Brigades, a position he held from in or about 2002 until his reported death on or about July 13. Al-Masri was based principally in the Gaza Strip.

Marwan Issa, also known as Abu Baraa, was the deputy commander of the al-Qassam Brigades from approximately 2007 until his reported death on or about March 10.  Issa was based principally in the Gaza Strip.  

Khaled Meshaal, also known as Abu al-Waleed, 68, was the chairman of Hamas’ Politburo from approximately 2004 to 2017 and is now the head of Hamas’ diaspora office — effectively responsible for Hamas’ official presence outside of the Gaza Strip and the West Bank. Meshaal is based principally in Qatar.  

Ali Baraka, 57, has been Hamas’ head of National Relations Abroad since approximately 2019, and was previously Hamas’s representative in Lebanon. Baraka is based principally in Lebanon.

Meanwhile, a U.S. official on condition of anonymity, told US wire service The Associated Press there was no reason to believe the charges would affect the ongoing negotiations.

National security spokesman John Kirby said the recent “executions” of six hostages, including one American, Hersh Goldberg-Polin, by Hamas underscore “the sense of urgency” in the talks, reported AP.