The recent terrorism charges filed by the U.S. Justice Department against six high-ranking Hamas leaders may appear largely symbolic, but according to an extremism specialist speaking to YSL News, they could significantly impact these individuals by restricting their travel and heightening the risk of their arrest.

Jeffrey Breinholt, a law lecturer at George Washington University and former counterterrorism official at the Justice Department, explained, “Israel often asks for our assistance to complicate matters for certain individuals by having them charged both in Israel and the U.S. This effectively limits their options.”

The indictments imply that should these defendants enter the U.S., they could be arrested. Furthermore, the U.S. has extradition deals with numerous countries, increasing the risk of apprehension for the Hamas leaders internationally.

“These actions are aimed at enforcement and expressing support for the Israelis,” Breinholt added regarding the charges.

An official from the Justice Department revealed that charges were initially filed on February 1 but kept under wraps until now due to the potential custody of the defendants. However, following the death of Hamas political leader Ismail Haniyeh on July 31, the necessity for secrecy lessened, according to the official.

The indictment outlines a pattern of attacks perpetrated by Hamas, including a significant assault on October 7, 2023, that resulted in over 1,000 fatalities, among them 43 American citizens by the time the charges were filed.

Since that incident, the Palestinian Health Ministry has reported tens of thousands of Palestinian deaths in the ongoing Israeli-Hamas conflict. Recently, six hostages taken by Hamas were confirmed dead, including Israeli-American Hersh Goldberg-Polin, whose remains were recovered by the Israeli military.

Why Can the U.S. Prosecute Hamas Leaders for Actions Outside Its Borders?

The U.S. Justice Department has brought charges against the Hamas leaders based on several conspiracy laws which pertain to terrorism, the murder of Americans, bombings, and the use of weapons of mass destruction.

Breinholt pointed out that it’s not unprecedented to levy terrorism-related charges for actions carried out abroad. The key issue is whether the legal language indicates these laws were intended to cover actions committed outside U.S. territory.

“Support for terrorism, along with the murder of U.S. citizens abroad, is considered extraterritorial, making it legally sound to charge someone who has never set foot in the U.S.,” he explained.

Breinholt noted that the U.S. has a variety of traditional justifications for prosecuting foreign terrorism-related actions. These include the involvement of American victims, impacts on international trade, or the presence of the accused in the U.S.

What Are the Practical Implications?

Even though the Hamas leaders do not reside in the U.S., these charges could still result in arrests or restrict their movement.

“Not everyone wants to visit Israel, but many aspire to go to the United States, whether it’s for Disney World or Las Vegas. Being indicted in the U.S. serves as a significant deterrent,” Breinholt remarked.

The U.S. previously apprehended Russian arms dealer Viktor Bout, tagged as the “Merchant of Death,” in Thailand in 2008 due to a criminal complaint from Manhattan, which involved a sting operation to lure him there.

Bout was convicted of crimes akin to those in the Hamas indictment, including conspiring to kill U.S. nationals and providing support to a designated foreign terrorist organization. He later returned to Russia as part of a prisoner exchange involving U.S. basketball player Britney Griner.

“The chances of successfully capturing these individuals may currently be slim, but possibilities always exist,” Breinholt added.

Who Faces Charges and Are They Alive?

On February 1, the U.S. government announced a criminal complaint in Manhattan federal court naming six Hamas leaders. Since then, reports suggest that three of these leaders may have been killed:

• Ismail Haniyeh: He led Hamas’ political wing since 2017 and was killed on July 31 while attending the inauguration of Iran’s new president, Masoud Pezeshkian, in Tehran. Haniyeh is alleged to have endorsed attacks on Israeli civilians, including those carried out by minors.
• Mohammed Deif: Identified in the complaint as Mohammed Al-Masri, he has headed Hamas’ military wing, al-Qassam Brigades, since around 2002. Israel claimed on August 1 that Deif was killed during an airstrike in southern Gaza in July. However, Hamas official Osama Hamdan stated on August 13 that Deif is still alive. He has reportedly been central to organizing Hamas’ strategies in various terrorist operations over the years.
• Marwan Issa: Serving as Deif’s deputy since around 2007, he was confirmed dead due to a March airstrike in Gaza. Just under seven months before the October 7 attack, he warned in an interview that significant events were on the horizon, as noted in the complaint.

The remaining defendants are:

• Yahya Sinwar: He has led Hamas in Gaza since about 2017, having helped establish the al-Qassam Brigades. He previously stated that “Americans will pay the price” for U.S. support to Israel, as per the complaint.
• Khaled Meshaal: He was the head of Hamas’ political wing from roughly 2004 until 2017 and later directed the organization’s external operations. Currently based in Qatar, he is believed to have overseen various attacks, assassinations, and the targeting of Israeli settlers.
• Ali Baraka: He heads Hamas’ foreign relations office and primarily operates from Lebanon. He has reportedly claimed responsibility for Hamas attacks on Israeli civilians in cities like Tel Aviv and Haifa.

Has the Justice Department done this before?

This isn’t the first instance of the Justice Department targeting Hamas affiliates with terrorism-related charges. Approximately 20 years ago, it charged the Holy Land Foundation for Relief and Development, along with several leaders, with similar offenses including conspiring to provide material support to a recognized foreign terrorist organization. After a mistrial and a subsequent retrial, the defendants were found guilty and faced lengthy prison sentences.

Similar charges have been effectively prosecuted against other defendants, including U.S. citizen David Headley, who assisted the U.S.-designated Pakistani terrorist group Lashkar-e-Taiba in planning the 2008 Mumbai attacks that resulted in 175 fatalities and many injuries. He was sentenced to 35 years in prison for his involvement in that and other offenses.

According to Breinholt, U.S. prosecutors have seen success in bringing material support charges related to al-Qaida and the Islamic State over the past decade, which has enhanced their capacity to file more such charges.