U.S. Indicts Hamas Leaders Following October 7 Attacks, Prompting Concerns About Gaza Mediation Efforts

In a move that some observers see as largely symbolic, the United States Justice Department has announced criminal charges against top leaders of Hamas for their roles in the October 7 attacks in southern Israel. The indictment, unsealed on Tuesday, names six defendants, three of whom have been killed in Israeli attacks.

The deceased defendants include former Hamas political chief Ismail Haniyeh, who was assassinated in Tehran in July; Mohammed Deif, killed in an Israeli air strike on Gaza in July; and Marwan Issa, whom Israel claimed to have killed in an attack in March. The living defendants are Hamas’s new leader Yahya Sinwar, believed to be in Gaza; Khaled Meshaal, based in Doha and heading the group’s diaspora office; and Ali Baraka, a senior Hamas official based in Lebanon.

“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,” US Attorney General Merrick Garland stated.

The US charges come as the White House is developing a new ceasefire and captive deal proposal with its Egyptian and Qatari counterparts to end the fighting in Gaza. However, the indictment raises questions about the US's role as a mediator in the ongoing ceasefire talks.

Rami Khouri, a distinguished fellow at the American University of Beirut, told Al Jazeera that the US decision to charge the Hamas leaders undermines its credibility as a mediator. “The United States has been heavily, enthusiastically, and vigorously supporting Israel in its current actions in Gaza – in what the UN calls a plausible genocide. And it has long opposed groups like Hamas and Hezbollah, designating them as terrorist groups,” Khouri said from Boston.

Khouri added that the move shows “the United States is very keen to hold Hamas responsible for its actions but has no similar desire to hold Israel accountable for its actions. And, therefore, in the eyes of most of the world, the United States is not an honest broker, but is complicit in the Israeli genocide in Gaza.”

US prosecutors reportedly brought charges against the six men in February but kept the complaint under seal in hopes of capturing Haniyeh. After Haniyeh’s killing in the Iranian capital, blamed on Israel, the Justice Department decided to go public with the charges, according to Reuters.

The indictment comes amid a backdrop of international scrutiny and criticism of both Israeli and Hamas actions. The EU’s top diplomat, Josep Borrell, has urged the 27 member states to back measures against Israeli ministers accused of fomenting hatred towards Palestinians. Meanwhile, Israeli National Security Minister Itamar Ben-Gvir has sparked controversy with comments about building a synagogue on the Al-Aqsa compound, challenging the status quo.

The US's role in the conflict continues to be a contentious issue, with critics arguing that Washington is purposefully dragging out negotiations to enable Israel’s pursuit of its goals. The indictment of Hamas leaders adds another layer of complexity to the ongoing mediation efforts, raising questions about the US's ability to act as an impartial mediator in the conflict.