US Charges Against Hamas Leaders Are More Than Symbolic, Expert Says

The recent unsealing of U.S. Justice Department terrorism charges against six senior Hamas leaders is being viewed as a significant move. Experts suggest these charges might have real implications, particularly in restricting travel and increasing the likelihood of their arrest.

Jeffrey Breinholt, a law lecturer at George Washington University and former counterterrorism official at the Justice Department, commented that Israel often relies on U.S. charges to bolster its own legal actions against individuals. “It makes their world a lot smaller,” Breinholt noted, indicating the strategic nature of the charges.

These criminal allegations do not only pose a risk if the defendants enter the United States; they are also subject to extradition treaties with numerous countries. This means that the senior Hamas leaders could face apprehension globally, which Breinholt describes as a show of solidarity with Israel.

A Justice Department official revealed that these charges were initially filed under seal on February 1, signaling readiness to take the defendants into custody. However, the death of Hamas political leader Ismail Haniyeh on July 31 reduced the rationale for keeping the allegations confidential.

The charges stemmed from a series of attacks executed by Hamas, with particular reference to the devastating October 7, 2023 incident that resulted in over 1,000 fatalities, including the deaths of 43 American citizens.

In the ongoing conflict, the Israeli-American Hersh Goldberg-Polin was identified as one of six hostages whose remains were recovered recently.

The charges against the Hamas leaders were made under various U.S. conspiracy statutes related to terrorism, including charges for the murder of Americans, bombing public spaces, and employing weapons of mass destruction.

Breinholt explained that while such international terrorism-related allegations are not new, they hinge on whether existing laws allow for prosecution of actions taking place abroad. Activities resulting in the deaths of American citizens or that influence international commerce are particularly relevant in this context.

Despite the defendants residing outside the U.S., these charges could provoke significant consequences, such as limiting their ability to travel. “Not everybody wants to go to Israel, but everybody wants to go to the United States,” Breinholt explained, emphasizing the deterrent effect of an indictment in the U.S. on these individuals’ travel aspirations.

The capture of Viktor Bout, a notorious Russian arms dealer, exemplified the potential reach of U.S. charges. He was lured to Thailand through a sting operation and subsequently arrested based on a federal criminal complaint originating from Manhattan. Bout faced charges analogous to those against the Hamas leaders, including conspiring to kill U.S. nationals and providing material support to a designated terrorist organization.

All six leaders charged were alive at the filing of the complaint on February 1, but reports suggest that at least three may have been killed since then. Ismail Haniyeh, who led Hamas’ political wing, was killed during a visit to Tehran. Others, such as Mohammed Deif and Marwan Issa, have also faced rumors of death, although conflicting reports suggest they may still be living.

The identities of the remaining defendants include Yahya Sinwar, who has led Hamas in Gaza, Khaled Meshaal, a former political leader now based in Qatar, and Ali Baraka, who manages Hamas’ foreign relations primarily from Lebanon.

This isn’t the first occasion that the Justice Department has brought terrorism-related charges against associates of Hamas. Similar allegations were made against the Holy Land Foundation for Relief and Development around two decades ago, resulting in convictions after lengthy legal battles.

Breinholt noted that U.S. prosecutors have achieved significant victories in cases involving material support for terrorism, particularly concerning groups like al-Qaida and the Islamic State, which has bolstered their capacity to pursue these charges effectively.

In conclusion, the unsealed charges against the Hamas leaders carry potential ramifications that extend beyond mere symbolism, suggesting an intricate strategy that intertwines U.S. law enforcement efforts with international counterterrorism initiatives.

Source: USA TODAY