US criminal charges against Hamas prompt concerns for Gaza ceasefire talks

In a move that has sparked concerns over its potential to disrupt ongoing ceasefire negotiations, the US has filed criminal charges against six Hamas leaders, including Yahya Sinwar, for their involvement in the 7 October attack on Israel. The indictments were announced by the US Department of Justice.

The charges include the alleged killing of American citizens and “conspiracy to finance terrorism”. However, analysts note that the action is largely symbolic, as some of those named in the indictment are already believed to be dead.

“Yahya Sinwar and the other senior leaders of Hamas are charged today with orchestrating this terrorist organisation’s decades-long campaign of mass violence and terror, including on 7 October,” said US Attorney General Merrick Garland. “The defendants are responsible for financing and directing a decades-long campaign to murder American citizens and endanger the security of the United States.”

Of the six defendants mentioned, three are already dead. Those still alive are Sinwar, who is believed to be in Gaza; Khaled Meshaal, who is based in Doha and heads the group’s diaspora office; and Ali Baraka, a senior Hamas official based in Lebanon.

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The charges, which were filed in February but only made public on Tuesday, cover a range of alleged attacks by Hamas over several decades. At least 43 American citizens were reportedly killed in the October attack. Garland did not disclose details regarding how they died or whether any of the 43 Americans are among the dozens of civilians killed by Israeli forces under the so-called Hannibal Directive.

The controversial policy, also known as the Hannibal Protocol, essentially authorises the use of maximum force to prevent the capture of Israeli soldiers and citizens, even at the risk of harming or killing the soldiers and citizens themselves.

Garland also made no mention of the right of Palestinians to resist foreign occupation let alone a foreign occupation that is also illegal. In July, the highest legal body in the world, the International Court of Justice (ICJ), ruled that Israel’s occupation is unlawful. In its determination the ICJ further affirmed that both Gaza and the West Bank are under illegal occupation, which means that armed resistance against Israel is permissible under international law, provided it is conducted in accordance with the rules of engagement established by international humanitarian law.

Critics argue that the timing of Washington’s announcement could complicate ongoing efforts to broker a ceasefire and secure the release of hostages. Professor Yossi Mekelberg, an associate fellow at the UK think tank Chatham House, told the BBC that the charges could affect Sinwar’s mindset, stating, “I don’t think this will be encouraging him to show flexibility.”

The situation was complicated further by Israel’s assassination of Hamas chief Ismail Haniyeh at the end of July. Haniyeh was the key negotiator for the movement. The political murder took place in Tehran at a critical juncture in the negotiations, and has been criticised widely for derailing the peace process. Many observers argue that Haniyeh’s assassination has impeded negotiations significantly, setting back progress towards a ceasefire and hostage release.

Speaking to Associated Press, however, an unnamed US official attempted to downplay concerns about the impact on negotiations, saying that, “There is no reason to believe this will affect the ongoing talks.” However, the cumulative effect of these actions on the ceasefire process remains uncertain.

The effectiveness of these charges is questionable. Nevertheless, the US Justice Department maintains that they send a strong message to Hamas and its supporters.

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