DOJ charges Hamas leaders over 'terrorist atrocities' in Oct 7 Israel attack

Charges come days after IDF recovered bodies of 6 hostages in Gaza

The Department of Justice on Tuesday unsealed criminal charges against Hamas chief Yahya Sinwar and other leaders of the brutal organization over the "terrorist atrocities" of the Oct. 7, 2023, massacre in Israel.

The criminal complaint filed in federal court in New York City includes charges of conspiracy to provide material support to a foreign terrorist organization, conspiracy to murder U.S. 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.

The complaint marks the first time that U.S. prosecutors have formally called out the masterminds of the Oct. 7 massacre. 

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The Justice Department charged Hamas leader Yahya Sinwar and other senior militants in connection with the Oct. 7, 2023, rampage in Israel. (AP)

"The charges unsealed today are just one part of our effort to target every aspect of Hamas’ operations," Attorney General Merrick Garland said in a video address. "These actions will not be our last. The Justice Department has a long memory. We will pursue the terrorists responsible for murdering Americans – and those who illegally provide them with material support – for the rest of their lives."

Hamas stormed into Israel on Oct. 7, 2023, killing around 1,200 Israelis and taking hundreds more hostage. 

Tuesday’s charges come days after Israel Defense Forces recovered the bodies of six hostages – including 23-year-old Israeli American Hersh Goldberg-Polin – in the tunnels beneath Rafah in the Gaza Strip.  

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Hamas chief Sinwar is believed to be hiding out somewhere in Hamas' vast tunnel network beneath Gaza. It's unclear how much contact he has with the outside world.

The impact of the case may be mostly symbolic given that Yahya Sinwar is believed to be hiding out in tunnels and the Justice Department says three of the six defendants named in the complaint are believed now to be dead. (Mahmud Hams/AFP via Getty Images)

Sinwar was appointed the overall head of Hamas after the killing of Ismail Haniyeh in Iran and sits atop Israel's most-wanted list. 

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Other Hamas leaders charged include Haniyeh; Marwan Issa, the deputy leader of Hamas' armed wing in Gaza who helped plan last year's attack and who Israel says was killed when fighter jets struck an underground compound in central Gaza in March; Khaled Mashaal, another Haniyeh deputy and a former leader of the group; Mohammed Deif, Hamas' longtime shadowy military leader who is thought to be dead after an Israeli airstrike in southern Gaza in July; and Ali Baraka, Hamas' head of external relations.

The DOJ said at least one person – whose name they did not specify in the complaint – is "expected to be first brought to and arrested in the Southern District of New York."

Fox News’ David Spunt and the Associated Press contributed to this report.

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