The Hamas attack on October 7 in southern Israel, which reportedly killed 1,200 people, including more than 40 Americans, and the assault unleashed by Israel after the incident that killed over 40,000 Palestinian civilians, have led the United States Department of Justice to file criminal charges against six of its top leaders.
The full-blown war being carried out by Israel in the aftermath of the incident and ongoing negotiations between various stake-holding countries, including the US, for a ceasefire, however, are seen in murky waters following the US’s charges against Hamas leaders, leading to the question of the US’s integrity in the mediation.
The US move to charge Palestinian group leaders is viewed as something the US did after bowing down to Israeli Prime Minister Benjamin Netanyahu and his ultra-right wing, who want the war to continue despite international pressure, amid a case of genocide against him from the ICC, who is seen rejecting all the proposals for a ceasefire in the past.
The view of questioning the US's integrity in the ongoing dialogue for a ceasefire intensified with its indisputable stance in favour of Israeli interests, as no action has been proposed against Israel’s indiscriminate attacks on Palestinian civilians, not only in Gaza but also in the West Bank.
The criminal complaint, unsealed on Tuesday, names six defendants, half of whom have already been killed in targeted strikes. The deceased include former Hamas political chief Ismail Haniyeh, who was assassinated in Tehran in July; Mohammed Deif, a senior military leader killed in an Israeli airstrike on Gaza; and Marwan Issa, a deputy military commander reportedly killed in March.
The living defendants include Yahya Sinwar, believed to be in hiding in Gaza; Khaled Meshaal, based in Doha and heading the group’s diaspora office; and Ali Baraka, a senior Hamas official based in Lebanon. However, the charges, particularly against deceased individuals, have sparked debate about the timing and impact of this legal action.
The charges against these individuals are severe, including conspiracy to provide material support to a foreign terrorist organization, conspiracy to murder US nationals, and conspiracy to use weapons of mass destruction resulting in death. The Justice Department also accuses Iran and Hezbollah of providing financial support and military supplies, including rockets, to Hamas.
The decision to unseal the charges follows the assassination of Ismail Haniyeh in Tehran, an event for which Israel has not officially claimed responsibility, though it has been widely attributed to them. The charges were initially filed in February, but the Justice Department chose to keep them sealed in the hope of capturing Haniyeh alive. His death prompted the department to go public with the charges, despite the limited practical impact this might have given the current status of the defendants.
This legal action underscores the US government's ongoing stance against Hamas and its backers, particularly Iran and Hezbollah, but also raises questions about its role as a mediator in the ongoing conflict. The move could potentially complicate US efforts to broker a ceasefire and address the humanitarian crisis in Gaza, as it signals a deepened commitment to holding Hamas accountable for its actions, regardless of the broader geopolitical implications.
The Justice Department's announcement has elicited mixed reactions. Critics argue that by pursuing these charges, particularly against deceased individuals, the US risks undermining its credibility as a neutral party in ceasefire negotiations.
They point to the longstanding US support for Israel and its designation of groups like Hamas and Hezbollah as terrorist organizations, which they argue has skewed its role in the conflict. This perspective is further fueled by accusations that the US has been complicit in Israel’s actions in Gaza, which some international observers have described as genocidal.