U.S. charges senior Hamas leaders with deaths of Americans in Israel

Washington — Federal prosecutors filed criminal charges against senior Hamas leaders for the deaths of at least 43 American citizens in Israel on Oct. 7, 2023, according to charging documents unsealed Tuesday. 

Hamas-led militants killed more than 1,200 people on Oct. 7, and kidnapped about 250 individuals in Israel. In December, Attorney General Merrick Garland said the Justice Department was investigating the attacks. 

“As of the date of this Complaint, at least 43 American citizens were among those murdered, and at least ten American citizens were taken hostage or remain unaccounted for,” the criminal complaint filed Monday said. 

Prosecutors charged the six defendants for conduct leading up to and following the Oct. 7 attack, including terrorism, murder conspiracy and sanctions evasion. The defendants were identified as Yahya Sinwar, the leader of Hamas; Ismail Haniyeh, the former chairman of Hamas’s Politburo; Mohammad Al-Masri, the commander-in-chief of the al-Qassam Brigades; Marwan Issa, the deputy commander of the al-Qassam Brigades; Khaled Meshaal, the head of Hamas’ diaspora office and Ali Baraka, Hamas’ head of National Relations Abroad. 

Haniyeh, Al-Masri and Issa are deceased, and the remaining three are at large.

“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,” Attorney General Merrick Garland said in a statement.  

On Sunday, Israel Defense Forces said six Hamas-held hostages were found dead in Gaza, including Israeli-American Hersh Goldberg-Polin, who was laid to rest Monday. Israeli officials said they had been killed shortly before being discovered in a tunnel in the Rafah area.  Seven Americans are believed to be among those still being held hostage.

“We are investigating Hersh’s murder, and each and every one of the brutal murders of Americans, as acts of terrorism. We will continue to support the whole of government effort to bring the Americans still being held hostage home,” Garland said.

More than 40,000 people have been killed in Gaza since Israel launched its response to the Hamas attack, according to the Hamas-run Health Ministry. 

According to a Justice Department official, the charges against the Hamas leaders were filed in February and kept under seal “to position the United States to be ready to take into custody the leader of Hamas, Ismail Haniyeh, and other charged defendants.” 

“Following Haniyah’s death and recent developments in the region, it was no longer necessary to keep those charges under seal,” the official said. 

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