US announces criminal charges against Hamas leaders over October 7 attack

The move is largely symbolic, as three defendants are dead and the likelihood of others appearing in a US court are slim

Yahya Sinwar attends a rally in support of Jerusalem's Al Aqsa Mosque in Gaza City on October 1, 2022. AFP

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The US Justice Department on Tuesday announced criminal charges against Hamas's top leaders, including Yahya Sinwar, over their roles in the October 7 attack in southern Israel that led to the war in Gaza.

The impact of the case may be mostly symbolic given that Mr Sinwar is thought to be hiding in tunnels under Gaza and the Justice Department says three of the six defendants are believed to be dead.

The complaint was originally filed under seal in February to give the US time to try to take into custody the then-Hamas leader, Ismail Haniyeh, but it was unsealed on Tuesday weeks after his death in Tehran and because of other regional developments, the Justice Department said.

The seven-count criminal complaint filed in federal court in New York City includes charges of conspiracy to provide material support to a foreign terrorist organisation, conspiracy to murder US nationals and conspiracy to use weapons of mass destruction, resulting in death. It also accuses Iran and Lebanon's Hezbollah of providing financial support and weapons, including rockets, that were used in the attack.

On October 7, the Hamas-led attack killed 1,200 people, including more than 40 Americans, and led to the assault on Gaza that has killed more than 40,800 people and left much of the coastal territory uninhabitable.

“As outlined in our complaint, those defendants – armed with weapons, political support, and funding from the government of Iran, and support from (Hezbollah) – have led Hamas’s efforts to destroy the state of Israel and murder civilians in support of that aim,” Attorney General Merrick Garland said in a statement.

The complaint names six defendants, three of whom are dead. The living defendants are Mr Sinwar, who is believed to be in hiding in Gaza; Khaled Meshaal, who is based in Doha and leads the group's diaspora office; and Ali Baraka, a senior Hamas official based in Lebanon.

The deceased defendants are Mr Haniyeh, who Hamas says was assassinated in July in Tehran; military wing chief Mohammed Deif, who Israel says it killed in a July air strike; and Marwan Issa, a deputy military commander Israel said it killed in a March strike.

Iran has blamed Israel for Mr Haniyeh's death but Israeli officials have neither confirmed nor denied responsibility.